– I think the development has run away from the alcohol law, says managing director of Lervig brewery, Anders Kleinstrup. The brewery currently markets its alcoholic products via social media such as Instagram and Facebook. – Are you worried that their marketing is against Norwegian law? – Both yes and no. “Everyone” with a large export share informs in this way, and I think there is a greater task in enforcing the principle of equal treatment. We do pay alcohol duty, but must still be restricted to a greater extent than the international players vis-à-vis Norwegian consumers. The company has three different accounts on Instagram; two that follow the Norwegian advertising rules, where they market non-alcoholic beverages. In addition, they have an account that markets alcoholic beverages to international customers. The profile description of Lervig on the social media Instagram. Photo: Screenshot / Instagram – Problematic that the law limits Norwegian law states that all direct advertising of alcoholic beverages is prohibited. Section 9.2 of the Alcohol Act states, among other things, that: “The main purpose of the advertising ban is to prevent influence that leads to increased demand for alcoholic beverages.” – On our accounts on social media, we inform that the profiles are only for international Anders Kleinstrup believes that the alcohol law is unfair to the national breweries: – There are several international players who are advertised on TV, who reach Norwegian consumers via events on TV . We don’t have that option. Photo: Kaj Hjertenes / news consumers and customers on the basis of the alcohol law in Norway, says Kleinstrup. He points out that several foreign brands that are also sold in Norway are allowed to market alcoholic beverages abroad. Among other things, several players who also sell alcohol get to advertise their products during, for example, world-famous sports events, which eventually also reach Norwegian consumers. These actors are not subject to the same law as the Norwegian ones. Lervig brewery uses both Instagram and Facebook to market its products to international customers. Nevertheless, Norwegians can also have access to the accounts. Photo: Screenshot / Instagram – It is problematic that we have legislation that restricts and stifles the national breweries. That is not the effect one should have. The international actors have far greater and freer room for action. Kleinstrup is himself from Denmark, and has nine years’ experience in the beer industry in his home country. Don’t think the English language holds Ragnhild Kaski is general secretary of the organization Av-og-til, who works for alkovett. – We keep seeing that several manufacturers consciously and unconsciously try to use “loopholes” in the regulations, but marketing in social media is not allowed, says Kaski. She has looked at the social channels of the brewery, which writes its posts in English, and which makes it clear in the profile descriptions that the accounts are intended for international customers and consumers. Ragnhild Kaski is general secretary of Av-og-til. Photo: Bård Gundersen – I doubt that the English language is enough to circumvent the regulations. We see that there are many Norwegian accounts and Norwegian comments on the posts, and it is strange if this is a possibility within the legislation, she says. At the same time, she points to the agreement on a restrictive alcohol policy in Norway. The Alcohol Act states that any form of mass communication for marketing purposes is considered to be advertising in the Alcohol Act. – We see that social media is obviously growing, and it is important that the legislation is enforced and clarified. If it is felt that language and the international market are becoming a gray area, it should be clarified as soon as possible, says Kaski. Several breweries provide information about their products on social media. In the picture are examples from Nøgne Ø and Kinn brewery. On the left, an example from Central Bybryggeri, which relays editorial mention in its post. Photo: Screen dump – Is it a gray area Hege Ramseng is communications manager at the Brewery and Beverage Association. She says that the Alcohol Act is crystal clear when it comes to banning advertising. Nevertheless, she points out that it is not easy to understand that there are different rules for “the platforms that consumers themselves actively seek out”, such as websites and social media. – It is a small gray area, and the current regulations do not reflect the development of society well enough, she says. She believes the law should be modernized, so that information about the products can be shared, also on social media. – We believe that the current rules for websites should also apply to social media. The regulations should also be adjusted so that there is no doubt whether you can communicate with customers and answer questions about the products, as you can already do on websites. The Act on the sale of alcoholic beverages was written in 1989, and was last amended in 2021, according to Lovdata (external link). Hege Ramsberg is communications manager at the Brewery and Beverage Association. Photo: Bryggeri- og Drikkevareforeningen – Most people today are on social media, and websites are, by comparison, an outdated platform. At the same time, the ban on advertising is strong among politicians and the population, and it is difficult to do anything about it, says Ramseng and adds: – We believe there should be the same opportunities on social media as on the media that consumers and customers seek out themselves, for example on the breweries’ websites . Are there individual exceptions? The Directorate of Health is responsible for enforcing the Alcohol Act. In an e-mail to news, department director of the Department of Living Conditions in the Directorate of Health, Øyvind Giæver, points out that all alcohol advertising that is wholly or partly aimed at Norwegian consumers is affected by the advertising ban in the law. – Whether it is aimed at Norwegian consumers will depend on an overall assessment, where, among other things, choice of language, design, domain name and content design are relevant factors. If the alcohol review has been designed by a Norwegian actor and is easily accessible to Norwegian consumers in Norwegian or English, this will normally mean that it is aimed at Norwegian consumers. The Danish beer brewery Carlsberg has introduced a region lock for Norwegian users on its Instagram account. Photo: Screenshot / Instagram In the alcohol regulations, certain exceptions have been made to the advertising ban for product reviews. – The exceptions only apply to the operators’ websites. Not for social media profiles. The reason is that social media normally spread the information to users who have not themselves shown an interest in it, including young people and minors. Furthermore, Giæver specifies that it is outside the Directorate of Health’s mandate to assess competitive considerations. – Has time run out from the law? – The advertising ban was adopted in 1975. Whether time has passed since then will largely be a political question. From a public health perspective, it can be pointed out that knowledge of the harmful effects of alcohol has increased since the advertising ban was introduced. The World Health Organization (WHO) recommended by 2022 at the latest to introduce a ban on alcohol advertising (external link).
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