The Executive Council (ExCo) has finalized the discussion and analysis of a new Advertising Law bill that aims, among other aspects, to regulate online advertising and promotions and the sale of products through online influencers.
In a press conference held yesterday afternoon at the government’s headquarters, Secretary for Administration and Justice and ExCo spokesperson Wong Sio Chak presented the scope and aims of the new draft bill, which will now be sent to the Legislative Assembly for discussion and voting.
The bill proposes further optimization of the principles of legality, identifiability, and authenticity, as well as the provisions on prohibited advertising content, as core standards.
Among the aspects to consider are the regulations governing online endorsements and online advertising, as well as establishing rules for advertising involving specific topics, such as real estate, medical products or devices, and health-related products, including medicines, supplements, and powdered milk.
Wong noted that the amendments aim to update the Advertising Law, which has been in effect for over 35 years, to reflect the new realities of advertising and promotional campaigns conducted over the internet and social media platforms.
Additional provisions also aim to simplify some administrative procedures. The bill proposes that the installation of advertising material shift from a licensing system to an authorization and registration system, and that special provisions be established for the installation of advertising material based on its height and size.
Administrative simplification also extends to certain products targeted by advertising restrictions, such as medicines, with the bill proposing to ease the requirements for obtaining authorization to promote these products in specific activities like trade fairs.
Lastly, the bill amends the current penalty system by updating the fines for violating regulations and categorizing these infractions into three levels according to severity.
The most serious law breaches will be targeted with fines of up to MOP100,000, while those at the second level can incur penalties of up to MOP80,000. In the lowest level, fines start at MOP2,000 and can go up to MOP50,000.
According to Choi Sao Leng, the head of the Licensing and Inspection Department from the Economic and Technological Development Bureau (DSEDT), the government also aims to enforce a mechanism of warnings and precautionary measures, as well as a mediation and arbitration mechanism, to resolve cases quickly and avoid court proceedings.
Questioned by the media, Choi also added that regarding the use of influencers and brand ambassadors, “as long as the activities are done in Macau or involve a company that is registered in Macau or has activities here, the law will apply.”
She also added that provisions regarding the participation of minors or underage residents in advertising and promotion activities will also be addressed by this law, including the need for professional opinions from the Education and Youth Development Bureau and the Health Bureau to ensure that participation in advertising activities does not pose physical or psychological risks to the child.
The bill was also said to have taken into consideration the results of a public consultation held from July 4 to August 2 this year, for which the final report was released yesterday.
The public consultation gathered 155 opinions and comments submissions, which were cataloged into 2,022 different opinions and suggestions. Of these, 20% concerned the scope of application of the Advertising Law, and nearly 80% represented calls for amendments.
The DSEDT stated that the overall opinions indicate that the public generally agrees with the direction the government aims to follow with this legislation.
Topping the comments received were those concerning medical-related advertising (140), with over 70% of respondents agreeing with or partially agreeing with the solutions proposed in the law and included in the consultation text, the DSEDT noted.
Revised electrical license regulation to benefit 90% of commercial users
The Executive Council has approved amendments to Administrative Regulation No. 35/2011, which governs the issuance of operating licenses for electrical installations. The key change raises the minimum required electrical power from 34.5 kVA to 69 kVA for commercial and industrial establishments, hotels, and offices.
This change is expected to simplify licensing requirements for many businesses.
According to the government, the amendment responds to the increasing electricity demand driven by societal development and aligns with government efforts to “optimize” the business environment.
It is anticipated that about 91% of commercial users and 72% of industrial users, whose electrical power needs fall below the new threshold, will no longer have to apply for operating licenses. In addition, the new regulation works in conjunction with Law No. 18/2024, which digitalizes registry and notary services.
The statement issued yesterday confirmed that the regulation will come into effect the day after its publication in the Official Gazette (BO), though no specific date was provided.
Law to regulate day hospitals underway
The Executive Council (ExCo) yesterday presented the bill which aims to regulate the creation and operation of day hospitals in Macau.
The intention of creating such an institution was announced during the 2025 Policy Address.
The government has said that this development comes in line with implementing the strategy of developing the appropriate diversification “1+4” as advancements to the broader health industry and medical tourism.
To achieve this, the government has introduced a new bill aimed at enhancing the legal framework for the operation of private healthcare institutions (IPS), including licensing and registration systems.
The main content of the bill defines the different types of IPS, introducing a new license for day hospitals.
These institutions will be able to provide a broader range of services compared with clinics, being allowed to perform non-inpatient medical services, previously restricted to hospitals.
At the same time, the government aims to simplify licensing procedures to increase the efficiency of assessing and approving applications, the Secretary for Administration and Justice and ExCo spokesperson, Wong Sio Chak, noted yesterday.
The bill also defines the requirements and regulations for the development of telemedicine, proximity medical services, and advanced therapies, as well as relaxing restrictions on the content of healthcare advertising, to create conditions for the healthcare sector to develop new medical services.
An improved penalty system is also proposed, adjusting the amount of fines for administrative offenses, as well as introducing precautionary measures and a new warning mechanism.
The IPSs will be under the supervision of the Health Bureau, which has the duty of ensuring the quality and standard of medical services provided.
The bill also provides for transitional measures, defining the transitional arrangements and requirements for polyclinics, existing clinics, and hospitals that have been in operation for more than five years, as well as hospitals that have been in operation for less than five years, to ensure a smooth integration of this new type of medical facility.
The bill now heads to the Legislative Assembly, where it will be discussed and voted on.
No Comments