ABSTRACT
The definition of advertising in Art 22 of the TPA includes the presentation of products in the form of product placement in radio and television advertising. Article 23.5 of the TPA prohibits any form of advertising which does not identify itself beyond doubt in a clear manner as being advertising. This general prohibition is amended through specific rules. For the Flemish community, a special regulation was put in place with the ‘Maxi-Decree’ of 12 June 1991, of which Art 8.1 allows unavoidable advertising in programmes, in other words, any form of presentation of products which are part of the normal living environment or of the normal street view, presented without emphasis or particular purpose. The image of such products should not be longer, more frequent or bigger than necessary and should not appear dominantly.
