NL: Fine imposed for violating Dutch watershed ban on TV alcohol advertising

In February 2011 the Dutch Directorate for Media ruled that the STER (Stichting Ether Reklame), the organisation responsible for providing the commercials to public channels in the Netherlands, had violated the new Dutch Media Law. The STER received a fine of 35.000 euro for broadcasting TV alcohol commercials for Heineken and Bavaria beer before 9 p.m. in 2010. The complaints were filed by the Dutch Institute for Alcohol Policy (STAP).

Since the 1st of January 2010 a legal watershed ban on alcohol advertising came into force in The Netherlands. Between 6 a.m. and 9 p.m. alcohol commercials are not allowed to be broadcasted on radio and television. Sponsoring of programs by alcohol advertisers is still allowed.

Heineken had advertised several times for the Heineken Champions League before 9 p.m. and Bavaria has also broadcasted a commercial for its alcohol free beer, Bavaria 0.0%. Since the Bavaria 0.0% commercial also prominently portrayed the alcoholic Bavaria beer, the Dutch Advertising Code Committee (self-regulatory body on advertising) as well as the Directorate for the Media (rules on legislation) adjudicated that this commercial could be considered as alcohol advertising.

Since the broadcaster is the one responsible according to the Media Law, the brewers cannot be held financially responsible for having broadcasted their alcohol commercials before the nine o'clock watershed,