Online Advertising Laws in Netherlands: Banned products

Written by: Alex Turner

Seattle, WA | 6/7/2024

The Netherlands, renowned for its liberal policies and progressive stance on various social issues, also houses some of the most unique and unexpected advertising laws, especially when it comes to banned products. While the country’s approach to online advertising is typically pragmatic and user-centric, there are peculiarities that make its legal landscape particularly intriguing. This blog delves into these strange laws, shedding light on their unexpected nature and the rationale behind them.

Cannabis Advertising

Unexpected Regulation: Despite the Netherlands’ famous tolerance towards cannabis, advertising cannabis products online is strictly prohibited.

Surprising Twist: One would assume that a country so open to the sale and consumption of cannabis would allow businesses to advertise their products freely. However, the Dutch government maintains a firm stance against cannabis advertising to mitigate any perceived encouragement of use, particularly among minors. The paradox lies in the widespread availability of cannabis in coffee shops juxtaposed with the absolute ban on its online promotion.

Rationale: This regulation aims to strike a balance between tolerating consumption and discouraging active promotion, thereby protecting public health and maintaining social order.

Tobacco

Unexpected Regulation: Online advertising of tobacco and related products is not just restricted; it’s completely banned.

Surprising Twist: Unlike many other European countries where tobacco advertising faces restrictions but isn’t outright banned, the Netherlands enforces a zero-tolerance policy online. Even more surprising is the extension of this ban to user-generated content, meaning that social media influencers, bloggers, and even regular users cannot promote tobacco products.

Rationale: The Dutch government is committed to a smoke-free generation by 2040. By extending the ban to user-generated content, they address the potent influence of social media on young people, ensuring that tobacco remains unattractive and less accessible.

Alcohol Advertising

Unexpected Regulation: Online alcohol advertising is heavily regulated, with strict rules on content, timing, and placement.

Surprising Twist: While alcohol is legal and widely consumed, the Netherlands imposes stringent restrictions on how it can be advertised online. Ads must not be targeted at minors, must avoid glamorizing alcohol consumption, and are prohibited from featuring in content accessible to those under 18. Furthermore, alcohol ads cannot be displayed between 6 AM and 9 PM.

Rationale: These regulations are designed to minimize the exposure of minors to alcohol advertising and to promote responsible drinking among adults. The time restrictions and content regulations ensure that the advertising message aligns with public health goals.

Gambling Advertising

Unexpected Regulation: Online gambling advertisements are permitted but under strict conditions, including comprehensive disclaimers and prohibitions on targeting vulnerable groups.

Surprising Twist: The Netherlands has legalized online gambling as of October 2021, yet it imposes rigorous controls on its advertisement. Ads must include clear warnings about the risks of gambling, provide information on support services for problem gamblers, and must not target minors or high-risk individuals.

Rationale: The intent here is to balance the freedom of the gambling industry with the need to protect public welfare. By mandating detailed disclaimers and targeting restrictions, the government seeks to educate the public about the potential dangers of gambling while still allowing the industry to operate.

Cosmetic Surgery Ads

Unexpected Regulation: Advertising cosmetic surgery services online is subject to stringent restrictions, especially regarding before-and-after photos and testimonials.

Surprising Twist: In a world where cosmetic surgery ads are prevalent across various digital platforms, the Netherlands takes a highly cautious approach. Ads that include before-and-after images or patient testimonials are seen as potentially misleading and are thus heavily restricted.

Rationale: The rationale is to protect consumers from unrealistic expectations and to prevent the trivialization of serious medical procedures. By controlling the narrative around cosmetic surgery, the Dutch government aims to ensure that individuals make informed decisions based on medical advice rather than persuasive advertising.

Wrapping Up: A Balanced Approach

In conclusion, the use of Moderate Mate in identifying banned or prohibited items from being sold on marketplaces represents a significant advancement in regulatory compliance and consumer protection. This innovative approach leverages artificial intelligence and machine learning to monitor and analyze online listings effectively. By doing so, it ensures that marketplaces adhere to laws and regulations, preventing the sale of items that could harm public health, endanger minors, or lead to irresponsible consumption.

The Netherlands’ approach to online advertising for banned or restricted products exemplifies a well-balanced blend of liberal tolerance and protective caution. Each regulation, although potentially surprising, is carefully crafted to serve a critical purpose. This includes safeguarding public health, protecting minors, and promoting responsible consumption. The country’s regulatory framework is a testament to its dedication to social well-being, demonstrating that it is possible to maintain personal freedoms while upholding societal responsibilities.

As the digital landscape continues to evolve, the Netherlands’ unique stance offers a compelling case study. It shows how a well-considered regulatory framework can adapt to the complexities of the modern age, ensuring that online marketplaces remain safe and compliant. By navigating the intricate maze of online advertising laws, the Netherlands sets a valuable example for other countries aiming to balance individual freedoms with the need for comprehensive public protection.