Lawmakers concerned about online advertising boundaries

The Legislative Assembly (AL) passed the amendments to the Advertising Law in the first reading on Tuesday.

The bill proposes regulations on endorsements and online advertising, and establishes specific rules for advertising in the real estate, medical devices, and health products sectors.

In the brief debate that followed the bill’s presentation, several lawmakers expressed concerns about the boundaries of online advertising, claiming they are unclear and that some blurred lines could constitute loopholes.

In response, the Secretary for Economy and Finance, Anton Tai, noted that online advertising spans multiple jurisdictions, making it impossible to achieve comprehensive regulation across all jurisdictions.

Tai remarked that the local law aims to clearly distinguish cases based on whether the advertising content is connected to Macau, including whether the advertiser has a business location or address, or operates a personal social media account.

One of the most heated topics of debate was whether videos made by online influencers introducing products or services constitute advertising.

In response, Tai said it depends on whether the results stem from paid collaborations and involve commercial interests.

The amendments also adjust the fines for administrative violations and introduce a new warning mechanism, as well as a mechanism for preventive measures.

Regarding physical advertising, the bill aims to simplify bureaucratic procedures for installing advertising materials by moving from the current permit system to a registration system.

Still, Tai remarked that, in the case of some projects involving external wall-mounted advertisements, these will require permits from the Public Works Bureau as well as the acquisition of specific insurance covering any accidents resulting from the fall of those structures.