MEMO Regulating advertising with a negative environmental impact (for local governments)

In the document 'Regulating advertising with a negative environmental impact', policy officials find options and frameworks for shaping advertising policies with the aim of keeping unwanted advertisements out of public spaces. Among other things, it discusses how careful advertising policy can be established. And which routes are possible. Public law or private law.

>> The document is commissioned by the city of Amsterdam. Tjarda van der Vijver wrote it for Circulaw. The Memo is written in Dutch. You can translate the pdf using DeepL.

Introduction
"Governments face major challenges in terms of climate, environment and healthy lifestyles and living environments. Various (decentralised) governments are, among other things, looking at ways to limit (over)consumption of products or services with a major negative impact on those themes. Think of fossil fuel, flight holidays, meat, unhealthy food and fast fashion.

Advertisements normalise and (unconsciously) encourage consumption. Barring unwanted (policy undermining) advertisements in public spaces is therefore a logical instrument to deploy. A nationwide advertising ban is most desirable and effective, but does not seem to be a priority for the time being. This paper discusses the legal possibilities of a local advertising restriction in public spaces.Governments face major challenges in terms of climate, environment and healthy lifestyles and living environments. Several (decentralised) governments are, among other things, looking at ways to limit (over)consumption of products or services with a major negative impact on those themes. Think of fossil fuel, flight holidays, meat, unhealthy food and fast fashion.

Advertisements normalise and (unconsciously) encourage consumption. Barring unwanted (policy undermining) advertisements in public spaces is therefore a logical instrument to deploy. A nationwide advertising ban is most desirable and effective, but does not seem to be a priority for the time being. This paper examines the legal options for a local advertising restriction in public spaces.

In the document, policy officials will find options and frameworks for shaping advertising policies with the aim of banning unwanted advertisements in public spaces. Among other things, it discusses how careful advertising policy can be established. And which routes are possible. Public law or private law.

Several decentralised authorities in the Netherlands are considering advertising restrictions. The document provides an overview with examples of municipalities where motions have been submitted on this topic.

Finally, the document provides an FAQ of recurring questions with answers that policy officials face."

Author: Tjarda van der Vijver