Marketing & Advertising Compliance
Why It Matters ?
-------------- ANDO PATUAN
Business actively promotes its Products through various marketing channels including digital platforms, social media, e-commerce marketplaces, influencers, and traditional advertising media.
While marketing activities are essential for business growth, they must comply with applicable laws and regulations in Indonesia. Non-compliant advertising practices may expose the company to legal risks, including regulatory sanctions, consumer complaints, reputational damage, and financial penalties.
Therefore, it is important for all employees involved in marketing, sales, product management, public relations, and digital content creation to understand the basic legal principles governing marketing and advertising activities.
Key Legal Principles in Marketing and Advertising :
Advertising Must Not Be Misleading
Companies are prohibited from providing false, misleading, or exaggerated claims about their products.
2. Promotional Information Must Be Clear & Transparent
Clearly state the terms and conditions & easy to understand
3. Influencer and Digital Marketing Must Be Responsible.
Even if promotional content is posted by influencers or external Parties, the company may still be held responsible for misleading claims.
4. Respect for Intellectual Property
Marketing materials must respect intellectual property rights. The use of trademarks, logos, brand elements, images, videos, music, designs, and other creative content must comply with the company’s brand guidelines and must not infringe the intellectual property rights of third parties. Unauthorized use, modification, or reproduction of protected materials is strictly prohibited
“ Our Role to Ensure the Compliance of Marketing & Advertising “
Marketing and advertising activities are critical for realme’s brand growth and market competitiveness. However, all promotional activities must comply with applicable laws and regulations.
Every employee plays an important role in ensuring that marketing communications remain accurate, transparent, and legally compliant. This responsibility includes ensuring that all advertising claims are truthful, substantiated, and do not mislead consumers.
In addition to internal responsibilities, it is also important to ensure that external partners, such as advertising agencies, event organizers, influencers, media partners, and other third parties engaged by the Company, also adhere to the same standards of compliance.
Proper coordination between relevant stake holder, is essential to prevent potential legal risks. Employees should take reasonable precautions when preparing promotional content, ensuring proper use of trademarks and intellectual property, and avoiding statements that may be misleading or unsupported.
If any potential compliance concerns arise, employees should assess the situation, take appropriate corrective actions, and mitigate potential risks, including revising, clarifying, or withdrawing the relevant promotional materials if necessary.
By maintaining strong coordination and awareness, supported by a proper review process and a tiered approval mechanism within the organization, we can help ensure that all marketing and advertising activities support realme’s reputation while remaining compliant with applicable laws and regulations.
MAIN LEGAL REFERENCE – INDONESIA :
Law No. 8 of 1999 on Consumer Protection (Undang-Undang Perlindungan Konsumen)
Key provisions include:
• Prohibition of misleading advertisements
• Obligation to provide truthful product information
• Consumer rights to accurate information
Violations may result in administrative sanctions, compensation obligations including Criminal Penalties: Imprisonment and/or Fines.
Law No. 20 of 2016 on Trademarks and Geographical Indications
This law protects trademark rights and prohibits unauthorized use of registered trademarks.
Improper use of trademarks in marketing materials may result in legal disputes including Criminal Penalties: Imprisonment and/or Fines.
Law No. 8 of 1999 on Consumer Protection (Undang-Undang Perlindungan Konsumen)
This law regulates the use of copyrighted materials such as:
• Images
• Videos
• Music
• Graphic designs