Address of the Industrial Television Committee (ITK) to the President of Ukraine

The Industrial Television Committee (ITK) — a professional association of leading TV channels — appealed to the President of Ukraine, the Chairman of the VRU Committee on Humanitarian and Information Policy, the Secretary of the National Security Council, the Chairman of the National Council on Television and Radio Broadcasting, and the Prime Minister of Ukraine regarding the decision NSDC dated July 30, 2021 "On the state of the national health care system and urgent measures to provide citizens of Ukraine with medical care."

According to the decision of the National Security Council, by January 1, 2024, in order to minimize the harmful effects of self-medication on health, a moratorium on the advertising of medicines, medical products, methods of prevention, diagnosis, treatment and rehabilitation should be introduced in the mass media.

The ITC fully supports the government's initiative to take care of the quality and length of life of Ukrainians, in particular the thesis of the need to minimize the harmful effects of self-medication on the health of citizens, but is convinced that achieving this goal is possible and appropriate without inappropriately simplifying the mentioned problem to the advertising of drugs in the media.

As of today, there is no complete ban on the advertising of medicines, medical products, methods of prevention, diagnosis, treatment and rehabilitation in any of the developed countries of the world. The current legislation of Ukraine and international agreements provide only for the prohibition of advertising of medicinal products that are used and distributed only by prescription, as well as a number of fairly strict requirements and restrictions on the content of advertising of medicinal products (including a warning about the inadmissibility of self-medication), which is the standard for the maximum sufficient limitation of advertising medicines in Europe and other developed countries.

Advertising is not only a way to promote a product on the market — it is an important tool for increasing consumer awareness of a range of products. The introduction of the moratorium significantly limits the right of consumers to access the information they need about the properties of medicines and medical products, the possibilities and options of both treatment and prevention of diseases and is based on the misconception that citizens trust advertising unconditionally and are unable to analyze information. It is also important that the category of medical products includes a huge number of widely used sanitary and hygienic products (oral care products, baby diapers and wipes, feminine hygiene products, etc.). A moratorium on the advertising of these and similar products is unlikely to contribute to the improvement of the sanitary-epidemic situation.

In addition, a moratorium on drug advertising, which is a source of information about pharmaceutical products and services available on the market, will lead to a change in the direction of marketing budgets of pharmaceutical companies from advertising to the search for other areas of product promotion (in particular, through hospitals, pharmacies, etc.), an increase in promotional activities , which will have the following consequences:

- aggravation of the problem of self-medication;

- depriving citizens of a reliable source of information (radio, television);

- activation of uncontrolled information about medicines via the Internet;

- changing the status of a number of medicinal products, the advertising of which is impossible, to functional food additives, cosmetics, medicinal herbs, the advertising of which is not prohibited;

- spread of various types of healing, fraud, etc.;

- intensification of dissemination of information about medicinal products in pharmacies as a means of pharmaceutical marketing, since placing information about a product at the point of sale is not advertising;

- provoking an increase in the amount of fees paid by medicine distributors to doctors for the number of prescribed prescriptions;

- the appearance of a number of new legal and illegal methods of product promotion, the consequences of which are currently unknown;

- decrease in sales volumes of a number of drugs;

- reduction of working capital of distributors and pharmacies,

- reduction of the range of products;

- increase in prices for medicines.

Therefore, the consumer will be able to get such information on the uncontrolled Internet or "from relatives and neighbors", which is much more dangerous than advertising in the media, the content of which is subject to strict legal requirements. Thus, the introduction of a ban on drug advertising directly contradicts the right to health provided for by the Constitution of Ukraine, which in developed countries is inextricably linked with the maximum awareness of patients about   means and methods of prevention, diagnosis, treatment and rehabilitation.

The introduction of the specified moratorium will simultaneously lead to significant losses of the state budget and a reduction in jobs in the pharmaceutical industry. Currently, only the receipt of value-added tax payments from market entities involved in the creation and distribution of television advertising is estimated at up to 1 billion hryvnias per year. The ban on advertising will have a drastic and significant impact on the sales of pharmaceutical companies, 50% of which are domestic manufacturers.

It is also obvious that a direct ban on the advertising of medicinal products directly overrules the plans of the Cabinet of Ministers for the development of innovative drugs and vaccines, because the dissemination of information about them will be prohibited, as will the support for vaccination (after all, according to the current legislation, advertising of vaccination is advertising of prevention methods, which is currently proposed to be banned). It is also quite obvious that this decision will lead to a greater demand for Russian drugs - because, of course, advertisements for such drugs are present in all Russian media, which are freely distributed both on platforms and on the Internet in Ukraine.

Another key factor that demonstrates the fallacy of the proposed measure is that advertising is an important tool for the development of any market for the provision of goods and services, and plays an important role in increasing competition in the industry. Advertising is one of the most important components in ensuring the independence of the media, and, as a result, the guarantees of freedom of speech, which is protected by the Constitution of Ukraine.

Advertising of medicines, services, pharmaceutical products in general is a significant part of media revenues. According to expert estimates, advertising of this kind of goods and services makes up about 35% of the media advertising market. Under such circumstances, a moratorium on the advertising of medicines and medical products in mass media will lead to extremely large losses of the industry, which is absolutely unacceptable in the conditions when the situation in the country requires, on the contrary, strengthening the role and power of the national media.

And finally, a moratorium on advertising of any product or service that is not prohibited by law directly contradicts the Constitution and laws of Ukraine.

In accordance with Article 92 of the Constitution of Ukraine, the legal principles and guarantees of entrepreneurship, the principles of mass media activities are determined exclusively by the Laws of Ukraine. Thus, no moratoriums in these areas can be established by the state executive authorities. At the same time, the ITC shares the serious concern about this topic and confirms its readiness to participate in the work of advisory bodies that will work out decisions in the interests of the citizens of Ukraine without harming any industries or spheres of the economy and entrepreneurship. We are sure that this issue should be a subject for discussion and the search for balanced solutions. One of the possible measures could be the creation and distribution of social advertising that would encourage Ukrainians to consult a family doctor at the first symptoms   any disease. Ukrainian broadcasters, for their part, are ready in the near future, with the support of such an idea from the authorities, to independently finance the creation of such videos and the corresponding information campaign, hoping that in the future the state will conduct the necessary social campaigns on its own.

In accordance with Article 92 of the Constitution of Ukraine, the legal principles and guarantees of entrepreneurship, the principles of mass media activities are determined exclusively by the Laws of Ukraine. Thus, no moratoriums in these industries can be established by state executive authorities.

At the same time, the ITC shares the serious concern about this topic and confirms its readiness to participate in the work of advisory bodies that will work out a solution in the interests of the citizens of Ukraine without harming any branches or spheres of the economy and entrepreneurship. We are sure that this issue should be a subject for discussion and the search for balanced solutions.

One of the possible measures could be the creation and distribution of social advertising, which would encourage Ukrainians to consult a family doctor at the first symptoms   any disease. Ukrainian broadcasters, for their part, are ready in the near future, with the support of such an idea from the authorities, to independently finance the creation of such videos and the corresponding information campaign, hoping that in the future the state will conduct the necessary social campaigns on its own.