What does the Dutch Advertising Code Committee do?

Advertising is something we are exposed to and confronted with all day long, whether we ask for it or not. Some advertising we find enjoyable, or even clever or moving; other advertising strikes us as indecent, unfair or downright discriminatory. And if we do think that, can we do anything about it? This is where the Dutch Advertising Code Committee comes in.

Rules on advertising

The Netherlands does have legislation on advertising, but in general it does not concern the content of advertising. There is legislation on advertising and (public) broadcasting, on comparative advertising and on misleading advertising. And advertising for tobacco is simply prohibited.

In the Netherlands the parties involved in advertising, that is advertisers, advertising agencies and the media in which advertising appears (newspapers, platforms and broadcasters), have arrived at successful self-regulation. More than sixty years ago they set up the Dutch Advertising Code Foundation (Stichting Reclame Code, the SRC) for that purpose.

The SRC administers the Dutch Advertising Code (Nederlandse Reclame Code, the NRC): the rules with which advertising in the Netherlands has to comply. Compliance with those rules is policed by the Advertising Code Committee, which decides whether a given advertisement meets them. The committee makes sure that advertising is not misleading or offensive and meets Dutch standards.

The NRC consists of a general part, containing the rules with which all advertising in the Netherlands has to comply, and special advertising codes: codes for particular categories of product (alcohol or medicines, for instance), codes for particular audiences (children, for instance) and codes for particular types of advertising (such as influencer marketing or advertising by email).

The general part contains a number of broadly formulated and therefore open standards. Advertising must, among other things, be in accordance with the law, the truth, good taste and decency; it may not conflict with the public interest, public order or public morals; it may not be needlessly offensive; and testimonials or statements by experts used in advertising must be truthful and in accordance with currently accepted scientific understanding. Advertising may not be misleading or unfair, and it may not damage confidence in advertising. The NRC comes with an extensive commentary offering guidance on the interpretation and application of these rules. You can find the NRC here.

What does the Advertising Code Committee do?

Rules are all very well, but you have to be able to enforce them. That is why the SRC set up the Advertising Code Committee (Reclame Code Commissie, the RCC).

The committee assesses, in principle after a complaint has been made, whether the advertising complies with the rules. Anyone can lodge a complaint, and the procedure is simple and quick.

The committee consists in principle of three members: the chair comes from the judiciary, and there are two further members, one representing advertisers and advertising agencies and one representing “the consumer”. The chair can also deal with a complaint alone, either dismissing it or upholding it.

An older case before the committee that caught the imagination concerned filmmaker Dick Maas’s horror Sinterklaas film. Dozens of complaints were made at the time about the film poster, which showed a “scary” Sinterklaas. More recently many complaints concern sustainability claims.

How do you lodge a complaint with the Advertising Code Committee?

Bear in mind that anyone can lodge a complaint: not only consumers, but also another advertiser, a competitor, or a business affected by a negative campaign.

You can find the complaints form on the website of the Advertising Code Committee.

If you disagree with the committee’s decision, there is the possibility of appealing to the Board of Appeal.

The SRC also keeps track of whether advertisers comply with its rulings. According to the SRC that is the case in 96 to 97% of cases.