Marketing Code of Conduct for Commercial Communications of Alcoholic Beverages in Taiwan

First: PREFACE

Based on the Common Standards for Commercial Communication by the European Forum of Responsible Drinking, this article is intended to urge alcoholic beverage manufacturers in Taiwan to set higher standards and take action to be more socially responsible in their commercial activities as governed by country specific laws and regulations.

Second: PURPOSE OF THIS CODE

The responsible promotion of alcoholic beverages is in the interests of the industry and society as a whole. All alcoholic drinks, including beer, whisky, wine, distilled spirits, and all other forms of beverage alcohol selling in Taiwan should only be promoted in a socially responsible manner to adults who are over the age of 18 years; as per the national legal purchase age. This code applies to all kinds of commercial communications by alcohol companies and the purpose of the code is to ensure alcoholic beverage sales and marketing communications do not encourage any form of irresponsible drinking behavior. Especially in social media and online community forums (such as Line, Facebook, Instagram, TikTok and other platforms or applications) that are more commonly used by minors, and contracted celebrities or influencers.

Third: SCOPE

Commercial communications and advertising guidelines should apply to brands and their affiliated distributors, hired PR, contracted celebrities or influencers, and marketing firms or contractors.

• Commercial Communications are defined herein as: "All brand advertising or marketing communications to consumers, regardless of the medium used (e.g. print, broadcast media, outdoor, labeling, and packaging, social media, internet, new technologies and sponsorship) and including trade promotions, merchandising and point of sale materials."
• Commercial Communications do not include: Non-advertising materials or statements to the media, government agencies or the public about issues of societal concern such as the risks or benefits related to the consumption of beverages and educational messages about responsible drinking or the role of alcohol in society.

Fourth: SPECIFIC PROVISIONS

1. Laws, Codes and Policies
   1. Be legal, decent, honest and truthful and conform to accepted principles of fair competition and good business practice;
   2. Demonstrate a strong sense of social responsibility and be based on principles of fairness and good faith;
   3. Not in any circumstances be unethical or otherwise impugn human dignity and integrity.
2. Underage
   1. Commercial Communications should not be aimed at minors or show minors consuming alcoholic beverages;
   2. Commercial Communications should only promote alcoholic beverages in the media and at events where the majority of the audience is reasonably expected to be aged 18 years or older. They should not promote alcoholic beverages in the media, through games, or at events, where the majority of the audience is known or reasonably expected to be under the legal drinking age;
   3. Brand owners should include an age verification page if a digitally accessible format is adopted for use to allow users to enter. Any community, distribution channels, and/or social networks operating under a third party site should ensure that all members are over the legal drinking age whenever possible;
   4. Commercial Communications will only use models and actors who are at least of legal drinking age, i.e. 18 years or above. Also, Commercial Communications will only use models and actors who appear to be above legal drinking age;
   5. Commercial Communications should not use objects, figures, symbols, colors and cartoon figures of primary appeal to children or adolescents;
   6. Commercial advertising communications should not target brand identification that are familiar to minors as their primary appeal to minors;
   7. Commercial Communications should not target elementary, junior and senior high-schools;
   8. Commercial Communications should not suggest drinking as a coming of age tradition so as not to give the misleading impression that all adults drink.
3. Alcohol Content
   1. Commercial Communications should not create any confusion as to the nature and strength of alcoholic beverages;
   2. The amount of alcohol consumed by the characters in commercials must not exceed the recommended safe drinking limits determined by the MOHW, which is two units daily for men and one units per day for women; the amount of alcohol consumed by said characters for each drinking session must not exceed four units for men and three units for women, (one unit: ten grams of pure alcoholic content);
   3. Commercial Communications may present information for consumers on alcoholic strength but should not emphasize high alcoholic strength as a dominant theme. On the other hand, messages may not imply that consuming beverages of low alcohol content will avoid abuse.
4. Responsible Drinking
   1. A responsible drinking message should be included in all print, TV, Cinema, outdoor advertising and on company and brand websites. The responsible drinking message must be clearly legible and noticeable on all advertisements, websites and social media;
   2. Commercial Communications and contracted celebrities or influencers should not encourage excessive or irresponsible consumption, nor present abstinence or moderation in any negative way;
   3. Commercial Communications should not show people who appear to be drunk or in any way imply that drunkenness is acceptable;
   4. Commercial Communications should not over exaggerate a drinking environment that is glamorous, exciting, and sexy so as not to imply excessive drinking.
5. Drink Driving and Other Dangerous Activities
   1. Commercial Communications should not appear to suggest that driving a car or operating any type of motor vehicle, including a speedboat, jet ski board, snowmobile, and airplane (also bicycle, electric bicycle, and drone), while or after drinking is acceptable behavior;
   2. Commercial Communications should not suggest operating potentially dangerous machinery while or after drinking or engaging in any potentially dangerous recreational activity at the same time is acceptable behavior.
   3. Commercial Communications and contracted celebrities or influencers should not encourage excessive or irresponsible consumption, nor deliberately downplay the physiological effects of alcohol as an appeal to attract views, so as not to imply excessive drinking and avoid inappropriate imitation.
6. Social and Sexual Success
   1. Commercial Communications should not suggest that the consumption of alcoholic beverages is a requirement for social acceptance or success;
   2. Commercial Communications should not suggest that the consumption of alcoholic beverages enhances sexual capabilities, attractiveness or lead to sexual relations;
   3. Avoid the use of graphic, lewd or gratuitous nudity. Any use of an image of a nude man or woman must be in good taste and appropriate for the brand message being conveyed;
   4. Characters in advertisement should not be shown to force, entice, coerce, or encourage others to drink so to ensure personal choice to not drink is respected.
7. Anti-Social and Inappropriate Behavior
   1. Commercial Communications should not suggest any association with violent, aggressive, illegal, dangerous or anti-social behavior;
   2. Commercial Communications should not suggest any association with, acceptance of, or allusion to drug culture or illicit drugs.
8. Health and Performance
   1. Commercial Communication should not show pregnant women drinking or target women who are pregnant. Sensible drinking information for women in pregnancy could be provided on labels;
   2. Where permitted by law, Commercial Communications and contracted celebrities or influencers using truthful and accurate factual statements about carbohydrate, calories or other nutritional content may be appropriate in some circumstances;
   3. Commercial Communications should not claim that alcoholic beverages may have therapeutic properties and that their consumption may help prevent, treat or cure any human disease or specific symptoms;
   4. Commercial Communications should not create the impression that consumption of alcoholic beverages may enhance mental ability or physical performance or have an energizing effect, e.g. when engaging in activities requiring concentration in order to be safely executed.
9. Sampling Events and Tastings
   1. This code also applies to sampling events and tastings, i.e. not sampling to minors, intoxicated persons, or individuals possibly engaged in potentially risky behaviors or conduct against or in violation of public morality;
   2. The size of free tasting or samples provided must not exceed the recommended safe drinnking limits determined by the MOHW, which is two units daily for men and one units daily for women; the amount of alcohol consumed by said characters per each drinking session must not exceed four units for men and three units for women (one unit: ten grams of pure alcoholic content);
   3. Complimentary sampling to members of the public in public places including licensed and private premises, trade fairs or other occasions must be in accordance with local regulations;
   4. Alcohol beverage companies must ensure that their promotion teams abide by this marketing code of conduct. A training tool could be used to run sessions with such teams before they go on tour or to adapt the tool according to the needs of the organization wanting to conduct a sampling event or tasting;
   5. The value of any free gift or prize offered to a consumer as a premium must comply with the relevant national laws and codes.

Supplementary Provisions

1. In addition to the self-discipline of the industry, the advertising or marketing of the alcoholic beverage industry in the media also accepts the inspection and comment of consumers and the general public.
2. If consumers and the general public believes there to be a violation of the code of conduct or any doubts about the above-mentioned acts of the alcoholic beverage industry, in addition to making a response to the company, the alcoholic beverage industry also entrusts third party agency to accepts complaints from consumers and the general public.
3. After accepting the complaint, the association should give feedback to the published media and alcoholic beverage industry, suggest or request the company to improve, and inform the complainant. And the association has the obligation to take necessary protection measures for the personal data of the complainant.
4. The method of the complaint is email complaint.rep@gmail.com