Measure for controlling Advertisement Promotion and Fundraising under the Alcohol Beverage Control Act.

Abstract

The purposes of this study were to 1. to examine laws related to the control of alcoholic beverage advertisements in Thailand and foreign countries and 2. to investigate problems, obstacles and comparatively analyze laws pertaining to control of alcoholic beverage advertisements in Thailand and foreign countries. This research is qualitative research, gathering information from the provisions of the constitution, laws, regulations, stipulations, books, textbooks, academic articles, research studies, seminar supporting documents as well as judgments and orders of the Supreme Court as well as foreign laws related to measures regarding the advertisement, sales promotion, and grant measure control in accordance with the Alcoholic Beverage Control Act.The findings revealed that 1) Current laws that control the advertisements of alcoholic beverages are the Alcoholic Beverage Control Act B.E. 2551 (20080) and consumer protection law, controlling the advertisements and marketing communications of the alcoholic beverage manufacturers. According to the comparison with foreign law enacted to control alcoholic beverages in France, it determined contents that could be advertised, and totally prohibited supports aimed for alcoholic beverage advertisement or public relation. In England, the laws prescribed a measure to control advertisements, sales promotions and direct marketing and defined qualifications of an actor related to the alcoholic beverages. In Poland, a measure in controlling the advertisements, sales promotions and supports for activities of the alcoholic beverage manufacturers was provided. Meanwhile, in Australia, a measure to control the advertisements and supports for benefits connected with the alcoholic beverages was regulated. And 2) The measure to control alcoholic beverages at present was problematic in aspects of legal compliance for marketing communication and sales promotion of the alcoholic beverages for commercial benefit, product advertisements with a trademark having the same or similar appearance to a trademark of an alcoholic beverage, and problems of supports and grants of the alcoholic beverage manufacturers for individuals or entities or activities in flavor of advertisement for the alcoholic beverages.