Marketing alcoholic beverages on social media

Marketing strong alcoholic beverages on social media is prohibited. Mild alcoholic beverages may be marketed on social media in accordance with the restrictions set in the Alcohol Act. 

However, advertising mild alcoholic beverages on social media is prohibited if their commercial operator uses written or image content produced by consumers in its information network service. Advertising is also prohibited if the commercial operator provides written or image content produced by it or consumers through a service for sharing by consumers. This means that advertising comments on and images of alcoholic beverages added by consumers must be removed from social media accounts. Consumers’ comments or images cannot be shown in advertising, and consumers cannot be requested to share posts added to social media accounts. 

Several social media services also include the like option. As the like option is not regarded as content produced by consumers, the advertiser does not need to remove or prevent likes. The permissibility of the use of hashtags must be assessed considering the overall image formed of the activities. What is particularly essential for this consideration is whether a commercial operator can be considered to have sought to advertise and promote an alcoholic beverage by leveraging the active participation of consumers or content produced by them. 

As a rule, sponsored advertisements of mild alcoholic beverages targeted at consumers on social media are permitted, while such advertisements cannot be targeted at minors.

Games, prize draws and contests

The Alcohol Act prohibits such advertising of mild alcoholic beverages that involves the participation of consumers in games, prize draws or contests. Alcohol industry operators may organise games, prize draws and contests that are not related to alcoholic beverages, whose prizes do not include alcoholic beverages, and the participation in which does not require subscribing to a newsletter that advertises alcohol. The method of organising a contest (in-person or online) and the selection of winners (by drawing lots or by demonstrating skills) are irrelevant. Contests, their prizes or related publications cannot be related to alcoholic beverages or brands in the form of texts or images, for example.

Commercial collaboration

The restrictions on social media marketing laid down in the Alcohol Act apply to the commercial operator of alcohol advertising. A commercial operator has direct financial interests in the advertising of alcoholic beverages. Typically, a commercial operator is the seller, importer or producer of alcoholic beverages. 

A blogger and a YouTube or Instagram account holder is also considered a commercial operator when they collaborate with or are commissioned by a producer, seller or importer of alcoholic beverages, or they advertise alcoholic beverages for a fee. In such a case, the individual must abide by the legal provisions on the advertising of alcoholic beverages, and the same restrictions apply to that individual as to other advertisers of alcoholic beverages.

Frequently asked questions about marketing alcoholic beverages on social media

Contact information

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