Advising on whether digital outdoor advertising for alcoholic beverages is legally permitted under advertising regulations

An alcoholic beverage import and distribution company planned to run alcohol advertisements on digital outdoor advertising media in a downtown area, and we reviewed whether the National Health Promotion Act's regulations on advertising content and display methods would apply.

The main issue was whether an advertisement that displayed only a still image, even though it ran on a digital billboard, would count as a video advertisement for alcohol and therefore be subject to restrictions on airing during certain hours.

We also reviewed the advertiser's qualifications, prohibited advertising expressions such as those encouraging or inducing drinking, and compliance with the statutory warning requirement.

We analyzed the alcohol advertising standards in the National Health Promotion Act and its Enforcement Decree, and reviewed whether the restrictions on video advertising applied by distinguishing the characteristics of digital outdoor media from the actual display method.

In particular, we analyzed whether displaying a single still image, without screen transitions or animation effects, constituted a video advertisement under the law.

We advised that, provided the advertiser was qualified, the statutory warning and other requirements were met, and the advertisement was displayed as a still image, it would not violate the regulations on outdoor alcohol advertising.

We also cautioned that the application of the regulations would need to be reviewed again if the actual advertising content or display method changed.