What to Expect From the Upcoming Amendments to the Ukrainian Adlaw? Gambling, AI, Alcohol, Food and Not Only

Not only is the new year approaching, but significant legislative changes are also expected to occur in the Ukrainian advertising landscape within the next six months. Some may argue that we started preparing this overview too early. However, it is important to look ahead to what’s coming up in 2025 because it may be difficult for businesses to react quickly to the upcoming changes.

Specifically:

• On 4 December 2024, the Ukrainian Parliament enacted the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Combat Gambling Addiction (Ludomania) and to Improve State Regulation of the Organisation and Conduct of Gambling and Lotteries” (“Law No. 9256-д”). These 50-page-long changes, effective as of 1 April 2025, aim to ensure, among others, responsible promotion practices in the gambling sector and
  
   
• On 27 November 2024, Draft Law No. 12253 (“Draft Law No. 12253”) was registered in the Ukrainian Parliament. As outlined in the explanatory note to Draft Law No. 12253, its introduction aims to bridge the gaps identified in law enforcement practices, as well as address changes in the market driven by the rapid growth of the digital advertising sector and the accelerated development of digital technologies, including artificial intelligence. Draft Law No. 12253 has not yet been submitted for its first reading, but it has already attracted much attention to its consideration process.

Ban on Gambling Advertising or?

Although Law No. 9256-д is not yet officially published, the available text signed by the Chairman of the Ukrainian Parliament already reveals provisions addressing gambling advertising:

Prohibited by default, but the devil is in the … exceptions. Advertising of gambling activities, trademarks, and other intellectual property under which gambling operations are conducted, as well as other identifiers under which gambling takes place, is prohibited.

However, the adopted law provides a long list of narrowly defined advertising exceptions. In particular, gambling advertising is permitted:

• on linear audiovisual and audio media (TV and radio) from 11 PM to 6 AM;
• in specialised gambling or sports publications for individuals over 21;
• within the premises of gambling establishments;
• on websites of gambling operators and/or their mobile applications used for organising and conducting gambling activities, and their webpages on platforms for shared access;
• online media registered under the Media Law and targeting individuals over 21;
• nonlinear audiovisual media registered under the Media Law, provided technical measures are implemented to restrict access to individuals under 21;
• on platforms for shared access to information, video, and search engines (search services), provided that the technical capabilities of these platforms and services ensure the targeting of advertising exclusively to individuals over 21.

To the same effect, the placement of a mobile application designed for participation in gambling activities by a gambling operator in app stores is not considered advertising.

In addition, Law No. 9256-д prohibits certain advertising-related gambling activities:

• offering or providing any direct or indirect recovery of costs for access to gambling establishments and/or participating in gambling;
• displaying images or references to gambling activities, trademarks, or other intellectual property associated with gambling operations, as well as other identifiers under which gambling is conducted on any goods or items. The exceptions here are goods directly used in gambling activities and trademarks of sponsors;
• providing complimentary bonuses (or other incentives) as a substitute for placing bets;
• making phone calls or sending messages to an undefined group of individuals via postal services, mobile communication, or electronic communication to promote information about gambling activities;
• advertising in the temporarily occupied territories of Ukraine.

Significantly, the above-stated advertising requirements extend to informational messages about charitable activities by gambling operators or affiliates, including references to operators or their brands as sponsors or partners in third-party advertising.

What is more, it is prohibited in gambling advertising:

• inclusion of individuals under 21 years of age, including as models;
• participation of military personnel, volunteers, doctors, or other medical professionals, as well as individuals resembling these groups;
• involvement of cultural or media professionals, including media representatives, creative professionals, cultural institution workers, public figures, and individuals who regularly disseminate content for profit through personal accounts on platforms for shared access to information, except athletes;
• direct or indirect actions aimed at the promotion and/or encouragement of participation in gambling by popular individuals, the use of images, or the mention of the names of popular individuals, as well as characters from movies, television, and animated films;
• references to themes related to resisting or repelling russian aggression, patriotic slogans, symbols, or elements linked to sovereignty, security, defence, or patriotic education.

Furthermore, product placement of gambling activities is prohibited.

When it comes to sponsorship,the use of trademarks and other intellectual property associated with gambling operations is prohibited in sponsorships. Entities licensed to conduct gambling activities are not permitted to act as sponsors. The exceptions are related to physical culture and sports (excluding children’s and youth sports), including sponsorship of sports teams, athletes, events, competitions, and broadcasts, provided it is conducted under specific conditions stipulated by Law No. 9256-д.

Gambling Regulator. The Commission for Regulation of Gambling and Lotteries will be dissolved. In its place, compliance with advertising legislation in the gambling and lottery sectors will be overseen by a central executive authority responsible for implementing state policies in the organisation and conduct of gambling and lottery activities (the specific authority is yet to be defined);

Increased Penalties for Gambling Advertising Violations. Advertisers, advertising producers, and/or distributors that violate the statutory requirements for advertising gambling activities, trademarks, other intellectual property under which gambling operations are conducted, and other identifiers associated with gambling operations will soon face a fine of 600 minimum wages (approx. EUR 109,487). Previously, the fine was 300 minimum wages (Article 59 of the Law of Ukraine “On State Regulation of Gambling Organisation and Operation”).

Amendments to Adlaw. Make it Closer to Modern Media Law

Draft Law No. 12253 aims to enhance the legal framework of the Law of Ukraine “On Advertisement” (“Advertisement Law”), align its provisions on banning discriminatory advertising with the current Media Law, and respond to the rapid advancement of digital technologies. Some of the amendments are expected to include:

(i) direct advertising vs. other forms of advertising. The term “direct advertising” is suggested. It is going to be defined as a form of advertising distribution – distinct from telesales – aimed at directly raising or maintaining consumer awareness and interest in a person, idea, and/or product;

(ii) definition of “discriminatory advertising” is suggested;

(iii) definition of “place of trade” is suggested. It is aimed to differentiate between advertising and informational content in trade locations;

(iv) advertising markers. Any informational, authorial, or editorial content of an advertisement nature must be identified as advertising, using the terms “advertising” or “placed by order”;

(v) clarification on advertising identification responsibility. Identifying advertising is an integral part of advertising distribution unless otherwise stipulated by the Advertisement Law. This means that media outlets are directly responsible for ensuring compliance with the legal requirements concerning advertising identification;

(vi) direct alcohol advertising prohibitions. Direct alcohol advertising is prohibited:

• in audiovisual and audio media, regardless of distribution technology, between 6 AM and 11 PM;
• in all printed media except specialised publications;
• using indoor advertising;
• using general advertising activities except for specialised trade exhibitions for alcoholic beverages;
• on exterior and interior surfaces of public transportation and metro facilities;
• through outdoor advertising methods.

(vii) underage-focused prohibitions are suggested for the advertisement of alcoholic beverages, trademarks, and IP objects:

• in audio and audiovisual media targeting primarily under-18 audiences and relevant parts of such content;
• in print media aimed predominantly at under-18 audiences and on dedicated pages for under-18 readers;
• in printed publications intended primarily for under-18 audiences and sections for such readers;
• in online media designed mainly for under-18 users, including relevant sections and web pages;
• on websites targeting under-18 users and their dedicated pages;
• in electronic communications and platforms for shared access to video or information, targeting under-18s;
• using user-generated content created by or aimed at under-18 audiences;
• involving the personal data of individuals under 18;
• on products primarily targeting under-18 consumers;
• through any advertising activities aimed mainly at under-18 audiences;
• at entertainment, sports, theatre, concert venues, and other events primarily attracting under-18 audiences;

(viii) amendments to the Law of Ukraine “On Information for Consumers Regarding Food Products”. Advertising prohibitions for food products are suggested regarding misattributing properties, highlighting unjustified characteristics, and misleading visual or descriptive claims regarding a specific component or ingredient;

(ix) amendments to the Law of Ukraine “On Medicinal Products”. A trademark associated with both medicinal products eligible for advertising and those subject to prescription requirements or restricted from advertising according to the State Register of Medicinal Products will have an opportunity to serve as a sponsor;

(x) prohibition of deepfakes misuse in advertising: Using the image, voice (including altered or AI-generated versions), and/or name of an individual without their written consent or consent from other authorised individuals as stipulated by law is prohibited. Consent from an individual or other authorised persons specified by law is mandatory for altering or generating an image and/or voice of such individual using artificial intelligence systems prior to its subsequent use in advertising. Moreover, joint and self-regulation bodies have to establish guidelines for responsible AI use in advertising;

(xi) expansion of eligible parties for inclusion of a website in the WIPO ALERT Database. Individuals with exclusive intellectual property (proprietary) rights will have the right to request the inclusion of a website in the WIPO ALERT Database;

(xii) clarification of regulatory powers. The National Council of Ukraine on Television and Radio Broadcasting will be the sole authority with exclusive competence to hold media entities of all ownership forms accountable for violations of the Advertisement Law.

Additionally, the central executive body overseeing consumer protection (the State Service of Ukraine on Food Safety and Consumer Protection) will impose fines under the procedure established by the Law of Ukraine “On Administrative Procedure.”

Finally, the central executive authority with a special status, responsible for implementing state policies on the creation, market authorisation, quality control, safety, and effectiveness of medicinal products, will oversee the compliance of medicinal product advertising.

For more information, please contact IP&TMT practice partner Oleg Klymchuk and associate Anastasiia Finko.

Information contained in this overview is for general information purposes only, does not constitute legal or other professional advice, and should not be relied upon as a substitute for specific professional advice tailored to particular circumstances.