The Audiovisual Media Authority, AMA, in its process of reviewing the content broadcast by audiovisual media service providers, based on the requirements of Law 97/2013 “On Audiovisual Media in the Republic of Albania,” as amended, has identified that some audiovisual media service providers do not comply with the regulations on advertisements and commercial communications for medicines and medical treatments. In the identified cases, official correspondence has been sent to the entities in question, requesting them to stop these unlawful practices.
AMA highly values and actively encourages audiovisual media service providers to expand both the airtime and the public information quality regarding health protection, whether in general terms or on specific aspects. This has been and remains an essential service for audiovisual media service providers, serving as a public good with significant impact on audiences, contributing to health protection awareness and improving the overall quality of life.
Cases of abuse, where certain audiovisual media service providers attempt to turn health-related content into a business, whether through open or hidden promotions of private healthcare institutions, specific doctors, or the marketing of various medical devices or services, are unacceptable and in violation of the applicable legislation. The same applies to medicines, where legal advertising standards are not respected.
These statements create confusion among concerned patients, influencing their perception that “only this or that healthcare institution can provide a medical examination” or that “only this or that doctor can resolve the issues patients face.”
The legislation is clear in specifying that “Communications with commercial nature in audio-visual broadcasts on pharmaceutical products or products for medical treatments, given only by doctor’s prescription, are prohibited”, (Law 97/2013, as amended, Article 42, paragraph 6).
The Broadcasting Code, Section 8, states: “Audio and audiovisual advertisement broadcasts for medical treatments shall be prohibited. The doctor shall be prohibited to make any kind of advertisement, except in cases where these have a raising awareness, scientific or educational purpose”, (Point 8.8).
Meanwhile, Article 19, point 9 of the “Regulation on Audio and/or Audiovisual Commercial Communications, Formats, Conditions, and Permitted Daily Air Time for Advertising” also specifies that:
“The audiovisual media service providers must not broadcast commercial communications in which a doctor advertises or promotes their personal practice or a healthcare institution.”
It is also worth mentioning another requirement from the aforementioned regulation:
“During television broadcasts, program moderators and participants are prohibited from advertising medicines.” (Article 19, point 10)
AMA continues to monitor the legal compliance of content broadcast by licensed audiovisual media service providers and will take administrative action in accordance with the applicable legislation for any identified violations.
AMA expects audiovisual media service providers to comply with the legal requirements, as a concrete and valuable contribution to the health and well-being of citizens.
