Kathmandu, Oct 15: The Advertisement Board has prioritized regulation of 'digital' advertisement, management of government advertisement through one-door system, proportional distribution of public welfare advertisements and reforms of laws related to advertisement in order to make the advertisement market systematic, transparent and consumer-friendly.
An annual report presented by Board Chairperson Santosh Shrestha before Minister for Information and Communications, Dr Bikram Timilsina on Wednesday incorporates the plan of institutional strengthening of advertisement sector, controlling fake advertisement, preparation of establishment of advertisement academy and fully digitalization of service delivery, implementing the National Advertisement Policy, 2083.
Similarly, works carried out in the fiscal year 2082/83, challenges surfaced in regulation of advertisement market and efforts made for protection of consumer welfare and enhance financial transparency are also incorporated in the report.
A plan has been made to make regulation and management of advertisement market further effective considering 'National Advertisement Policy, 2083' as main guideline. The policy is in the phase of implementation.
Along with rapid expansion of advertisement through digital technology and social platform, making advertisement regulation effective is the key plan of the Board.
A technical system and institutional capacity would be developed to monitor the advertisement in social platforms, digital platforms, cinema halls, road and public places along with traditional media like print, radio and television, reads the report.
The Board has put forwarded the plan to make regulations of various types of misleading contents, particularly on social media, baseless health-related claims, illegal betting, crypto currency and other false advertisement further effective.
Advertisement regulation is becoming more complex due to new technology and publicity style including artificial intelligence, deepfake and influencer marketing, mentioned the annual report.
The Board has conclusion that it is necessary to enhance legal, technical and human resources capacities to control exaggerated and misleading advertisements generated through these medium.
Likewise, the Board has identified regulation of the advertisement broadcasted in Nepal through overseas companies and international digital platforms as the major challenge.
Advertising-related laws to be amended
The board has put forward plans to make the necessary amendments and revisions to the 'Advertisement (Regulation) Act, 2076' and other laws, rules, procedures, and standards related to the advertising sector, in line with the essence of the National Advertisement Policy.
The report states that the legal framework will be updated in a timely manner to address the challenges arising from new technologies developing in the advertising market, promotions through social media, and advertisements that mislead consumers.
The board plans to carry out a study and research for this, present policy suggestions to the Government of Nepal, and coordinate with relevant bodies and stakeholders.
Legal reforms have been prioritized to ensure fair competition and responsible behaviour among advertisers, advertising agencies, media, and consumers in the advertising market.
Public Advertisements to be managed through one-door policy
The board has put forward a plan to manage public welfare and other advertisements published and broadcast by the Government of Nepal and its agencies through a one-door system.
This system aims to make the distribution, publication, and broadcasting of government advertisements and the payment process more systematic, while increasing transparency and accountability. Similarly, the board plans to make the distribution system of public welfare advertisements more transparent, objective, and proportional.
The report mentions that by fully digitizing the registration and renewal of advertisement agencies and the listing process of media outlets, coordination among all parties involved in the advertising market will be strengthened.
The board has also proposed setting up a National Advertising Award to honor the contributions of individuals and organizations that carry out excellent work in the advertising market.
Advertisement Board to be made more autonomous and rights-invested
The report includes a plan for developing the necessary resources, skilled manpower, and institutional structures to effectively fulfill the responsibilities assigned to the board and to move it forward as a more autonomous and empowered body.
The board's future plan also includes preparing initial proposals to set up an Advertising Academy for conducting studies on advertising, research, and producing skilled personnel. Similarly, continuous monitoring of media and advertising agencies would be carried out to fully implement the advertising code of conduct.
The report mentions that the system for addressing suggestions, complaints, and feedback from advertisers, media, advertising agencies, and the general public will also be strengthened.
The report mentions that the formulation of the National Advertising Policy, 2083, and its approval by the Council of Ministers, for the overall development, expansion, and effective regulation of the advertising market, as a major achievement of the fiscal year 2082/83.
The report mentions that the procedure for publishing and broadcasting public welfare advertisements in print and electronic media has been approved and implemented. The board stated that this has helped in systematizing the production, distribution, and payment process of public welfare advertisements.
The board has been working to establish legal and policy clarity regarding advertisement regulation at the provincial and local levels. Interactions have been held with the governments of all provinces except Madhesh Province on topics like a sample provincial advertisement (regulation) guideline, the role of the provincial government in outdoor advertising, advertising laws, and advertisement taxes.
Listings of online media and advertising agencies have increased
The board worked on the listing and renewal of media outlets and advertising agencies in the fiscal year 2082/83. According to the report, during that period, 197 online media outlets were listed and 268 were renewed.
There have been 20 new registrations and 444 renewals for radio, and eight new registrations and 90 renewals for television. Likewise, 92 advertisement agencies were newly registered and 324 were renewed. The board has reported 99 new registrations and 276 renewals for newspapers.
Applications from 93 television channels and 451 radio and FM stations have been approved for broadcasting public welfare advertisements. The report mentions that the payment for broadcasting the approved advertisement content has been made as per the board's approval.
According to the 'Standards for Evaluation of Advertisement Broadcast Content, 2078,' 26 advertisement contents have been tested.
Monitoring of the publication of public welfare advertisements has been carried out through post offices and the postal directorate in various districts.
Billboards in Baglung, Makawanpur, Kavrepalanchok, Kailali, Kanchanpur, Doti, Dadeldhura, Kaski, Palpa, Nuwakot, Dhading, Udayapur, Sindhuli, Taplejung, Sindhupalchok, and other districts have been monitored under the outdoor advertising monitoring.
Active in controlling misleading advertisements
The report mentions that the board has started monitoring various advertisements, investigating complaints, and taking action to implement laws related to consumer protection and advertising.
A public notice was issued, asking people not to post misleading or tempting advertisements in the name of foreign employment, and the Department of Foreign Employment was requested to regulate them. The report also mentions that such advertisements and notices should be removed. The report also mentions removing such advertisements and information.
The report mentions that the Nepal Telecommunications Authority was sent a letter to shut down 15 social media accounts that were posting unauthorized and misleading ads claiming remedies to cure various diseases, and that other 17 social media platforms were contacted to remove the misleading ads.
Similarly, regarding the publication and broadcasting of content that goes against the advertising code, actions have been taken to ask for explanations from various media and advertisers, to raise awareness, and to get the content removed.
The board has warned seven foreign television channels' multiple system operators (MSOs) to broadcast clean feed.
A process has been started to bring 13 distilleries that produce and sell alcohol under regulation by corresponding with them to submit details of the expenses on alcohol advertisements over the past six years.
The report mentions that during the election period, monitoring was done to see whether the code of conduct was being followed in advertisements, and public notices were issued to stop advertisements related to betting.
Nepal Telecom Authority and the Cyber Bureau have been contacted to shut down seven platforms that were running various illegal advertisements.
Advertisement market made fully 'digital'
The board has said that it has made its internal administration, service delivery, and monitoring system technology-based.
The report mentions that services are provided through the Advertisement Management Information System, and the GIOMS system has been fully implemented. The goal is to make the service process smooth, efficient, transparent, and organized.
Efforts have also been made to implement the provision where media has to keep a copy of the bill when trading at a fixed rate and dealing through an advertising agency.
The report states that work has also been done to facilitate the implementation of the 'Outdoor Advertisement Standards, 2081', keeping in mind urban aesthetics and public safety, and preparing technical and legal grounds to increase local levels' internal revenue.
The board's goal is to facilitate the implementation of provisions that allow local levels to earn revenue from outdoor advertisements placed on private and public property through lease tax, permit fees, renewal fees, and advertisement tax.
Zero arrears
The board, which prioritizes financial transparency and accountability, has stated that there is currently no amount in arrears left to be reconciled. According to the report, since the fiscal year 2077/78, apart from government grants, three percent of the payment collected from public service advertisements under the advertising (regulation) guidelines has remained as the board's internal revenue.
The board has stated that the funds received from government grants and internal sources have been included in the annual budget and programmes and have been spent prudently according to legal regulations. The report mentions that at the end of each fiscal year, final audits by internal and the Auditor General's Office have been regularly completed.
Challenges of manpower and technology in regulation
The board has pointed out that with the expansion of the advertising market, there are legal, technical, and institutional challenges in making regulations effective. The report mentions that regulating advertisements on social media, AI, deepfakes, influencer marketing, and international digital platforms requires adequate technical manpower, legal clarity, and institutional structure.
Problems seen in the board's work include the board's organizational structure not being fully developed, a lack of technical staff according to positions, insufficient office buildings and physical infrastructure, and a lack of training and capacity development for employees.
The board says it becomes difficult to regulate the advertisements and the advertisement market when advertisers, agencies, and media don't follow the code of conduct, official rates, and existing legal rules. There are also challenges like testing the legality of documents submitted for listing and renewal, coordination between agencies, and the lack of research data on the advertising market.
The report mentions that work is being done on updating legal regulations, coordinating between regulatory bodies, raising awareness among advertisers and media, exchanging staff experience, and upgrading the service delivery software system in order to solve these problems.
The board aims to make the advertising market fair, decent, and accountable in the coming days by prioritizing legal reforms, digital regulation, transparent advertisement distribution, institutional strengthening, and consumer protection.(RSS)
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