In the article entitled “Mniej reklam piwa w telewizji, kinie i teatrze“, the Polish newspaper Rzeczpospolita reports a recent legislative intiative regarding the advertising of alcohol products. Currently regulations on alcohol advertisement are included in the Act on Upbringing in Sobriety and Counteracting Alcoholism – USCA – (Polish: Ustawa o wychowaniu w trzeźwości i przeciwdziałaniu alkoholizmowi) of 26 October 1982, published in Journal of Laws (Dziennik Ustaw) No 35, item 230, cosolidated text published in Journal of Laws (Dziennik Ustaw) of 28 March 2007, No 70, item 472, with later amendments. There are very important definitions included in article 2 of the USCA.
(2) promotion of alcoholic beverages – a public tasting of alcoholic beverages, free distribution of accessories associated with alcoholic beverages, organising the sale of alcoholic beverages with prize-awarding and contests based on purchase of alcoholic beverages, as well as any other forms of encouraging publicly to purchase alcoholic beverages, excluding competitions based on the purchase of alcoholic beverages,
(3) advertising of alcoholic beverages – the public dissemination of trade marks of alcoholic beverages or graphic symbols related to them, as well as names and graphic symbols of entrepreneurs producing alcoholic beverages not being different from names and symbols of alcoholic beverages, which serve to popularise trade marks of alcoholic beverages; any information used for trade purposes, exchanged between firms engaged in the production of, wholesale trading and retail trading in alcoholic beverages, shall not be deemed to be advertising,
(4) sponsorship – direct or indirect financing or co-finance of the activities of individuals, legal persons or organizational units without legal personality for the dissemination, establishing or enhance the reputation of the name, manufacturer or distributor, the trade mark or other sign to individualise of the entrepreneur, its business, product or service
(5) information on the sponsorship – presenting information that includes the name of the sponsor or his trade mark in connection with the sponsorship,
According to article 131 of the USCA, Advertising of alcoholic beverages shall be prohibited in Poland, except for beer, advertising of which shall be permitted provided that:
(1) is not directed at minors,
(2) does not depict minors,
(3) does not combine the consumption of alcohol with fitness, or driving,
(4) does not include claims that alcohol has medicinal properties, is a stimulant, tranquillizer or a means of resolving personal conflicts,
(5) does not encourage the excessive consumption of alcohol,
(6) does not present abstinence or moderate consumption of alcohol in a negative way,
(7) does not highlight the high alcoholic content as being a positive quality of alcoholic beverage,
(8) does not have associations with (a) sexual attractiveness, (b) relaxation or recreation, (c) study or work, (d) success or professional life.2. Advertising and promotion of beer, referred to in paragraph 1 can not be pursued:
(1) in television, radio, cinema and theater hours between 6am and 8pm, with the exception of the advertising provided by the organizer of professional sports in the course of this event;
(2) on video cassettes and other media;
(3) in the press for young people and children;
(4) on the covers of newspapers and magazines;
(5) on advertising posts and billboards and other fixed and movable surfaces used for advertising, except that 20% of the advertising surface will placed with visible and legible inscription indicating about the harmful use of alcohol or to ban of the sale of alcohol to minors;
(6) with the participation of minors.
The Polish Ministry of Health wants to limit the advertising of beer. According to the proposal, the advertising and promotion of beer can not be pursued in TV, radio, cinema and theatres between 6am and 11pm. There is also important news related to the Euro 2012 championships: fans at stadiums will not be allowed to buy drinks with an alcohol content of over 4.5%.