LAWON ADVERTISING("Official Herald of the Republic of Serbia", No.79/2005) |
Article 1
The present Law shall govern the conditions and modalities of advertising, the rights and commitments of advertising message advertisers, producers and transmitters, as well as the rights of advertising message recipients.
Article 2
Particular expressions used in the present Law shall have the following meaning:
1) advertising is placing information through advertising media in which advertiser recommends himself/herself, his/her activity, product, service or some other recommendation for the purpose of the recipient accepting it or using it;
2) advertising message is the message in which advertiser recommends himself/herself, his/her activity, product or service;
3) advertising media is a flier, brochure, product’s packing, poster, photograph, specimen record, board, banner, billboard, illuminated body, display, motor vehicle, business communication instruments (memorandum, envelope, business card), business representation instruments (greeting card, calendar, appointment book), as well as other instruments making the advertising message accessible to the recipient;
4) advertiser is a legal entity, entrepreneur or an individual whose business name, personality, activity, product or service recommends the advertising message;
5) producer of the advertising message is a legal entity or an entrepreneur registered for performing activities of designing advertising actions, creating or producing advertising messages, planning or renting advertising space in public media, i.e. for performing particular phases of advertising process;
6) transmitter of the advertising message is a public media (newspapers, radio program, television program, news agency service, internet and other electronic public media issues, and other media designed for public distribution and unknown number of users) whose major or side-line activity consists of advertising messages;
7) other transmitters of advertising messages are legal entities or entrepreneurs displaying advertising media, i.e. advertising message, in the shop-windows of their business premises or at some other place, as well as organizers of entertaining, sporting and other public events transmitting advertising messages to their audience;
8) advertising message recipient is a consumer, service user and other person the advertising message is intended for;
9) selling place is the business premises, i.e. space where registered activity is performed in accordance with law;
10) open space is the public surface and other surface where advertising media may be placed.
3.1. The Free Advertising Principle
Article 3
Advertising is free.
Advertising shall be performed in accordance with law, other regulations, good business habits and professional ethics.
Foreign legal entities and individuals shall have the same rights and commitments in advertising as domestic entities.
3.2. The Principle of Truthfulness, Completeness and Definiteness of the Advertising Message
Article 4
The advertising message shall be truthful, complete and definite, in accordance with law, good business habits exercised in a fair competition and professional ethics.
The truthful, complete and definite advertising message shall contain reliable and experienced data, i.e. there shall be no omitted data significant for getting a real picture about the advertising subject.
In case the advertising message shall refer to opinions of particular scientists or experts, these opinions shall have to be confirmed, documented, actual and checkable.
The advertising message may contain statistic data or opinion poll results, providing the data from the advertising message are not given the value higher than the actual one.
The advertising message may contain the scientific or quasi-scientific terminology, providing the data from the advertising message are not given the scientific character it does not have.
3.3. The Principle of Recognizability of the Advertising Message
Article 5
The message presenting the advertising message shall be recognizable.
In case the advertising message appears together with another message, i.e. information, which is of no advertising nature, the advertising message shall be clearly marked.
Advertising aimed at subconsciousness, as well as recommendation of products and services during transmissions of programs not intended for advertising and other forms of hidden advertising, shall be forbidden.
3.4. The Principle of Prohibiting the Abuse of Trust
Article 6
The advertising message shall not be involved in abusing trust, relation of dependence or loyalty, credulity, lack of experience or knowledge and superstition of the advertising message recipient.
The advertising message shall not contain elements that are openly or covertly threatening, causing, supporting, i.e. helping violence or unjustified fear, or such elements leading to message recipients receiving messages as subordinates, minors, economically or otherwise dependent persons.
3.5. The Principle of Prohibiting Discrimination
Article 7
Advertising shall not, directly or indirectly, promote discrimination of any kind, and especially the discrimination based on racial prejudices, skin colour, sex, nationality, social origin, birth, religion, political or other tendencies, property status, culture, language, age, mental or physical invalidity.
Nobody shall refuse to broadcast, i.e. to transmit the advertising message because of a racial, national or ethnic affiliation, sex or other personal characteristics of a person requesting the broadcast, i.e. the transmission of the advertising message.
3.6. The Principle of Prohibiting Ethics Violation
Article 8
The advertising message shall not contain statements or visual presentation that shall provoke an association which may be considered as an improper under the given circumstances, and especially in view of the advertising message contents, advertising modality and instruments, sensibility of persons the advertising message is intended for, as well as the type of the advertiser, activities, products and services being advertised.
3.7. The Principle of Prohibiting Individual Advertising through Personal Addressing
Article 9
The advertising message shall not be directed to a particular person, if this person has clearly expressed his/her will not to have such an advertising message directed to him/her.
It shall not be allowed to advertise by means of forwarding unordered goods, nor by means of directly addressing a person in public, if this particular person has clearly expressed his/her will not to be addressed and if such an addressing is not in line with prescribed advertising conditions and modality.
It shall be forbidden to advertise by means of dispatching the advertising messages through invitation devices with or without human mediation, through fax machines or electronic messages, without the advertising message recipient’s consent.
3.8. The Principle of Prohibiting the Competition Violation, the Establishment and Maintenance of the Dominant Position
Article 10
It shall be forbidden to refuse to broadcast, i.e. to transmit the advertising message, if not broadcasting such a message shall lead to performing a competition violation, if it shall establish or maintain the dominant position of participants in the market contest.
II ADVERTISING CONDITIONS AND MODALITIES
Article 11
Along with the advertising message, the advertiser shall deliver to the person broadcasting, i.e. transmitting the advertising message a filled-in form (hereinafter referred to as: declaration), with the following data:
1) data on the producer of the advertising message (business name and head office, registration number within the appropriate registry for performing activities related to advertising messages production, i.e. name and family name, residence address, personal number, identity card number and place of issuance of identity card of a responsible person);
2) data on the advertiser (business name and head office, registration number within the appropriate registry for performing activities related to the advertising subject, i.e. name and family name, residence address, personal number, identity card number and place of issuance of identity card of a responsible person);
3) data on the advertising message (text, duration, dimensions, advertising modality, author of the text, music, photograph, illustration, design, director, cameraman or sound engineer, performer whose image or voice is being used in the advertising message, as well as data on other authors in terms of regulations on protection of copyright and performing rights).
In case advertiser does not deliver the declaration along with the advertising message or in case the delivered declaration does not contain prescribed data, than the advertising message shall not be broadcasted, i.e. transmitted.
Minister in charge of trade shall closely regulate the declaration content.
Article 12
The advertising message may recommend the advertiser, his/her activity, product, service or other recommendation, providing the law does not forbid performing such activities or manufacturing and distributing such products and such services.
Article 13
In case activity presenting the advertising subject is bound to be performed only on the grounds of an approval, permission or other state body’s act, than the advertising may take place only if such an approval, permission or other state body’s act has been issued.
Article 14
The present Law shall consider the TV advertising as the broadcasting of advertising messages with or without charge, for the purpose of recommending the advertiser, his activity, products, services or other recommendations, with the goal to have the addressed recipient accept it or use it.
TV advertising with no charge shall take place in the following cases:
1) television advertising for self-promotive reasons aimed at informing televiewers on a program content which shall be broadcasted in the next seven days, including the advertising of particular program telecasts;
2) public service statements and unprofitable organizations’ advertising messages for charitable and humanitarian campaigns, as well as their invitations to charitable or humanitarian campaigns performed with no charge;
3) broadcasting the TV program identification sign.
TV sale in terms of the present Law shall be the broadcasting of direct offers of products or services, including real estates, rights and commitments, with charge.
Duration of TV Advertising and TV Sale in Commercial Television Stations Programs
Article 15
The duration of TV advertising and TV sale in commercial television stations programs may amount to maximally 20% of the totally broadcasted program on a daily basis.
The duration of TV advertising in commercial television stations programs may amount to maximally 15% of the totally broadcasted program on a daily basis.
TV stations mentioned in paragraph 1 of the present Article shall broadcast maximally 12 minutes of advertising messages and TV sale messages within a one full hour of broadcasted program.
In case TV sale is broadcasted on a commercial television station as a separate telecast, such a telecast shall go on constantly for at least 15 minutes, and maximally six TV sale telecasts with total duration of maximally three hours may be broadcasted during the day.
The telecast mentioned in paragraph 4 of the present Article shall be clearly marked as a TV sale by means of both picture and sound.
Limitations mentioned in paragraph 4 of the present Article shall not refer to programs which are exclusively intended for TV sale.
Duration of TV Advertising and TV Sale in Public Broadcasting Service Programs
Article 16
The duration of TV advertising and TV sale in public broadcasting service programs shall amount to maximally 10% of the totally broadcasted program on a daily basis.
It shall be allowed to broadcast maximally six minutes of advertising messages within a one full hour of public broadcasting service program.
TV sale telecasts may be broadcasted in public broadcasting service programs only between 00:00 and 06:00hours, under conditions mentioned in the Article 15 paragraphs 4 and 5 of the present Law.
Regulations mentioned in paragraphs 1 to 3 of the present Article shall also apply to TV stations belonging to the civilian sector, as well as to local and regional communities TV stations.
Modality of Broadcasting Advertising Messages and TV Sale Messages
Article 17
The advertising messages and TV sale messages shall be broadcasted between particular telecasts.
Providing conditions anticipated by the present Law have been met, the advertising messages and TV sale messages may also be broadcasted during the telecast in a manner which shall not disturb the integrity and value of the telecast, i.e. which shall not violate the copyrights.
In case the telecast consists of separate parts or if sporting, cultural or similar broadcasted event has breaks (halftime, time-out and the like), than the advertising messages and TV sale messages may be broadcasted only between the telecast parts, i.e. during the breaks.
The broadcasting of audio-visual works such as films or TV films, except for serials, series, entertainment and documentary programs, may be interrupted for the purpose of broadcasting the advertising message or TV sale only if such works go on for more than 45 minutes, and it can be done once every 45 minutes.
In case the broadcasting of audio-visual works mentioned in paragraph 4 of the present Article shall go on for more than 90 minutes, additional interruptions shall be allowed once every next 45 minutes, providing at least 20 minutes shall have passed between every two interruptions.
In case the broadcasting of the advertising messages or TV sale messages shall interrupt programs, than at least 20 minutes must pass between two slots of the advertising messages or TV sale messages broadcast, except for cases mentioned in paragraph 3 of the present Article.
The broadcasting of the advertising messages or TV sale messages during news broadcast and documentary telecasts may be done under conditions and in a manner mentioned in paragraphs 1 to 6 of the present Article, providing these telecasts go on for more than 30 minutes.
The broadcasting of religious ceremonies shall not be interrupted by broadcasting advertising messages and TV sale messages.
In telecasts with religious contents that are going on for more than 30 minutes, the advertising messages and TV sale messages which are in harmony with the telecast contents may be broadcasted, under conditions mentioned in paragraphs 1 to 6 of the present Article.
The broadcasting of advertising messages intended only for children may take place in children’s telecasts going on for more than 30 minutes, under conditions mentioned in paragraphs 1 to 6 of the present Article.
The Broadcasting of Advertising Messages by Public Broadcasting Service during Sporting Events
Article 18
The broadcast performed by public broadcasting service of international sporting events of a national significance (Olympic Games, World and European Championships and the like) may be interrupted by broadcasting the advertising messages and TV sale messages for maximally nine minutes per hour, providing the total daily broadcast of advertising messages and TV sale messages shall not exceed 10% of the totally broadcasted sporting program on a daily basis.
The Republic Broadcasting Agency shall define the list of international sporting events mentioned in paragraph 1 of the present Article.
Modality of Broadcasting Slots of Advertising Messages and TV Sale Messages
Article 19
As a rule, the advertising messages and TV sale messages shall be broadcasted in slots.
The beginning and the end of advertising messages and TV sale messages slots must be recognizable and separated from other program contents by both picture and sound.
The duration of sign-ins and sign-offs of advertising messages and TV sale messages slots shall be calculated into total duration of advertising messages and TV sale messages.
Modality of Selling Services of TV Advertising and TV Sale in Public Broadcasting Service Institutions Programs
Article 20
The public broadcasting service institution may sell its services of broadcasting advertising messages and TV sale messages to third persons maximally for the period of one year in advance.
The total amount of services mentioned in paragraph 1 of the present Article shall not exceed 60% of the total value of program intended for TV advertising and TV sale per one year.
The value of service mentioned in paragraph 1 of the present Article sold to one person or to the group of linked persons in terms of law dealing with companies’ profit taxes, shall amount to not more than 10% of the total value of program intended for TV advertising and TV sale per one year.
A person mentioned in paragraph 1 of the present Article may not transfer his right to broadcast advertising messages or TV sale messages to another person for the price higher than the price fixed by the public broadcasting service institution’s price list, this being the public broadcasting service institution where advertising message or TV sale shall be broadcasted, on the day when person transferring the right had acquired such a right.
The public broadcasting service institution shall not transfer to third persons the right to exclusively sell services of broadcasting advertising messages in its TV programs.
The public broadcasting service institution and civilian sector radio and television station shall not act as mediators, agents, or shall not take on the advertiser’s role on behalf of a third person.
TV Programs Exclusively Intended for Self-promotion
Article 21
Regulations of the present Law related to TV advertising and TV sale shall accordingly apply to TV programs exclusively intended for self-promotive reasons.
Other forms of TV advertising on such programs shall be allowed under conditions mentioned in the Article 15 paragraph 3 of the present Law.
TV programs Exclusively Intended for TV Sale
Article 22
Regulations of the present Law related to TV advertising and TV sale shall accordingly apply to TV programs exclusively intended for TV sale.
Article 23
Regulations mentioned in the Articles 16, 18, 19 and 20 of the present Law shall accordingly apply to radio advertising.
Article 24
Advertising in open space shall provide the safety of pedestrians, motor vehicles and other traffic participants, the protection of cultural and historical monuments and goods of general interest, and image preservation and promotion of the city, i.e. inhabited place.
Placing Advertising Boards on Public Surfaces
Article 25
The competent body may issue a permission to place the advertising board on public surfaces.
The competent body may refuse to issue a permission mentioned in paragraph 1 of the present Article if it finds that placing such a board on the public surface shall endanger the safety of pedestrians, motor vehicles and other traffic participants and protection of cultural and historical monuments and goods of the general interest or if it shall disturb the image preservation and promotion of the city, i.e. inhabited place.
Placing Posters on Public Surfaces
Article 26
It shall be allowed to broadcast by placing a poster on a public surface, under the following conditions:
1) if municipality, city or organization managing the public surface have defined the public surface for such purposes and if poster is placed on such a public surface;
2) if it is necessary to obtain the permission from municipality, city or organization managing the public surface to place the poster on public surface, once such a permission has been obtained;
3) if municipality, city or organization managing public surface has made a decision defining free space for placing each individual poster on a particular public surface and time needed to place the poster, once such a permission has been obtained.
Placing Posters on Other Surfaces
Article 27
The owner, i.e. user of non-public surfaces shall allow placing posters on such surfaces.
Advertising Message Carrier Containing Data on Business Name, Head Office and Founder of the Health Institution
Article 28
Panel or other advertising message carrier containing data on business name, head office, and founder of the health care institution, i.e. other form of public health service and working hours shall be of a rectangular or square shape, dimensions shall not be bigger than 35 x 50 centimetres, and it shall be placed on the wall besides the entrance of the building where premises for performing health care activities are located.
Panel or other advertising message carrier mentioned in paragraph 1 of the present Article shall also contain other data in line with law defining health care activities.
Placing other Advertising Instruments
Article 29
Placing other advertising instruments in open space, such as posts, balloons, public transport stops, screens, electronic displays, luminous letters and others, shall be done in a manner and under conditions mentioned in the Article 25 of the present Law.
III UNTRUE, COMPARABLE AND FRAUDULENT ADVERTISING
Article 30
It shall be forbidden:
1) to untruly establish advertiser’s identity, his/her activity, product or service;
2) to omit important data, use indefinite or multi-meaningful expressions, archaic or out-of-date quotes or other data which are misleading recipients about advertiser’s identity, his/her activity, product or service (type, characteristics, quality, origin or other data on product or service) and other messages addressed to the advertising message recipient;
3) to imitate or copy another person, his/her activity, product or service;
4) to belittle, suspect or in other unworthy way present other person’s identity, his/her activity, product or service;
5) to compare an advertiser, his/her activity, product or service with other advertiser, his/her activity, product or service at the expense of the latter, i.e. for the purpose of achieving a material gain;
6) to hint broadly at somebody else, his/her business name, firm, trade mark, activity, product or service, to exploit other person’s reputation in a manner which is misleading the advertising message recipients.
Article 31
Advertising shall not hide important imperfections, dangerous or harmful characteristics of a product, service or other contents recommended to the advertising message recipient.
Article 32
It shall be forbidden to advertise when advertiser, his/her activity, product or service is untruly compared with activities, products or services of competitors at the expense of competitors or when misconception between the advertiser and competitor is created in the market.
It shall be forbidden to advertise when advertiser, his/her activity, product, service or price is compared with other advertiser, his/her activity, product, service or price, if such activities, products or services are of a different kind or if they have different goal or purpose.
It shall be forbidden to advertise products or services as imitations or true copies of products or services carrying the protected commercial logo or commercial name, as well as to take the advantage of the protected commercial logo or other designation the competitor is recognized for.
Article 33
It shall be forbidden to advertise by using other person’s reputation or advertising message, unless the other person approves with it.
Advertising with Invitation to Boycott
Article 34
It shall be forbidden to advertise by inviting to boycott other person, to interrupt or to prevent establishing relationship with other person.
Advertising with Inadmissible Symbols
Article 35
The advertising message shall not contain symbols which are opposed to regulations, commercial habits or moral.
It shall be forbidden to use without authority the trademark, brand, commercial name, commercial logo, sign of product’s origin or other sign the competitor is recognized for.
The use of flag, national anthem and coat of arm in advertising shall be in accordance with law defining the use of those state symbols.
Article 36
It shall be forbidden to advertise using pornographic elements, except in pornographic press.
The advertising message with no pornographic contents, but referring to pornography (hot-line, pornographic press advertising message, films) shall be forbidden, except in television and radio programs from 00:00 to 05:00 hours and in pornographic press.
It shall be forbidden to advertise referring to pornography in specialized television and radio programs for minors, as well as in television and radio program broadcasted in times mentioned in paragraph 2 of the present Article, which are intended for minors.
Pornographic press shall not contain the pornographic advertising message on its front page and its last page.
Article 37
It shall be forbidden to advertise by displaying the use of force or threat to use the force, without a good reason.
Prohibition to Display the Dominant Position of the Person of One Sex over the Person of Other Sex
Article 38
It shall be forbidden to advertise by unjustifiably displaying the person of one sex in a dominant position over the person of other sex, especially by presenting typical forms of authority or other forms of a person of one sex having the dominancy over the person of other sex.
Article 39
It shall be forbidden to display in the advertising message the sexual harassment as acceptable, desirable or usual social conduct.
Article 40
Minors under the age of 16 shall not be linked with sexuality in the advertising message.
Men and women shall not be presented in the advertising message as boys or girls with sexual distinctions of adults.
Exploiting Consternation and Lack of Knowledge for Preserving Health or Environment
Article 41
It shall be forbidden to advertise by unjustifiably exploiting people’s consternation for preserving health or environment, as well as their lack of their knowledge about ways and means of environmental protection.
Article 42
Advertising shall not urge or approve with procedures that are not in line with regulations on environmental protection.
Article 43
The advertising message shall not contain untrue claims the product or service has positive or negative impact on health care or environmental protection, particularly by emphasizing words "ecologically safe", "ecologically harmless", "eco food", "healthy food" and similar words or symbols with the same meaning.
Use of Personal Good in Advertising
Article 44
In case the advertising message contains name, personal data, personal file, image footage - photographic, animated, filmed, video and digital footage, voice and pronounced words footage - tape recording, gramophonic and digital footage, written footage - letter, diary, note and digital footage (hereinafter referred to as: personal good), on the basis of which it may be established or recognized person’s identity, the advertising message shall not be released without prior consent of a person the personal good relates to.
In case the person the personal good relates to has passed away, his/her legal representative shall give the consent in terms of paragraph 1 of the present Article.
In case the person the personal good relates to is the person incapable of taking care of his/her interests, his/her legal representative shall give the consent in terms of paragraph 1 of the present Article.
The consent of the person the personal goods relates to given for the use of the personal good on other basis, with or without a charge, but not on the advertising basis, shall not be simultaneously treated as a consent for its use in the advertising message.
Article 45
The consent to use the personal good in one advertising message or for a certain period of advertising, for a certain advertising way, i.e. for advertising for a specific cause, shall not be treated as consent for repeated or prolonged advertising, for different advertising, i.e. for advertising for different causes.
Article 46
In case the person the personal good relates to has reserved the right to recall its consent to use the personal good in the advertising message, then the advertising message shall not contain the personal good as of the moment the recall has been received.
The person the personal good relates to shall have the right to claim the recall even in case it has not reserved that right when giving consent to use its personal good, providing the circumstances are such that advertising would cause him the damage he was not in a position to predict.
In case the consent to use the personal good has been recalled in accordance with paragraph 2 of the present Article, the advertiser shall be eligible to compensate the damage caused by the recall of the consent to use the personal good.
Article 47
In case the person whose personal good has been used in the advertising message later on agrees to that use, he/she shall be eligible to request appropriate compensation for the use of his/her personal good.
Article 48
The personal good of public persons, such as musicians, actors, sportsmen, politicians and others, shall not be used when advertising products intended for minors, as well as products whose sale to minors is forbidden.
Advertising messages shall not contain image, voice or some other personal good of journalists, presenters and speakers of informative, sporting and children’s radio and TV shows.
IV PARTICULAR ADVERTISING CASES
1. Advertising Products and Services
Article 49
The product or service in the advertising message shall not be untruly marked or marked in a way which creates misconception in regard with the producer, i.e. service provider, the modality of sale, delivery and price payment, origin, quality, quantity, usability, warranty conditions, maintenance possibilities, official awards or other characteristics.
In case the advertising message mentions official awards, the advertiser shall mention the year the award was received.
The product or service in the advertising message shall not be marked by expression that does not fit it in terms of the composition, quality, quantity, usability or other characteristic.
Article 50
In case the use of the product requires an attachment, additional works or when product may not be bought or used separately from the whole, than the advertising message must contain the information about it.
Article 51
It shall be forbidden to advertise when the advertising message recipient is being misled in regard with the product price by advertising the sale, the apparent reduction of product’s or service’s price, as well as by advertising the inaccurate amount of the price reduction or other conveniences.
In case of advertising the forthcoming or already launched sale, its duration shall be accurately stated, as well as the type of product the sale refers to or the type of service the price reduction refers to.
In case of advertising products or services with prices privileged for certain categories of persons, for certain area or for certain period of time, than the category of persons the privileged price refers to, i.e. the area and period of time the privileged price refers to shall be accurately stated.
Article 52
Promising a gift in the advertising message by using words "free", "pay for one, take two", "two for one" and the like shall be allowed only if product or service is offered under the tenderer’s current price for that product or service.
Promising a gift in the advertising message shall not mislead the buyer of the product or user of the service about the real value of the product or service.
It shall be forbidden to advertise for the purpose of winning over the buyer of the product or user of the service by promising a material gain or conveniences whose value is significantly higher than the usual value of the gift.
Comparing the Previous Price with the Price from the Advertising Message
Article 53
It shall be forbidden to compare the previous price and valid (current) price for the same product or service of the same tenderer in the advertising message, in the following cases:
1) if the previous price was set as a fictitious price;
2) if the previous price was essentially higher than the market price;
3) if product or service was for irrelevantly short period of time offered in the market under the previous price or was never offered under that price;
4) if difference between the previous and the current price is irrelevant.
Article 54
The price of the product or service the recommended price is being compared with shall not be untruly presented in the advertising message.
Comparing with Suggested Prices
Article 55
Tenderer’s product price shall not be compared in the advertising message with producer’s or wholesaler’s suggested product price, if suggested price is essentially higher than the market price.
Comparing Prices of Products and Services of Different Qualities
Article 56
In case the advertising message shall compare prices of products and services of different qualities, i.e. prices of products with or without an imperfection, than it shall be stated the lower price results from the lower quality, i.e. imperfection.
Article 57
The advertising message referring to the telephone number for which the special rate is applied shall contain the rate scale noticeable throughout the duration of the advertising message.
Warranty for Proper Functioning
Article 58
The advertising message containing information the product is being sold with the proper functioning warranty shall particularly stress the buyer is eligible to familiarize with the warranty conditions before buying the product.
Article 59
The advertising message containing words "guaranteed satisfaction", "guaranteed refund", "shopping with the testing period free of charge" and the like words shall contain information about conditions and procedure the salesman shall refund the buyer for purchased products.
Article 60
The advertising message containing information about warranty shall contain information on situations the warranty shall be applied to and for how long shall it last.
It shall be forbidden to use in the advertising message words "lifetime warranty" and the like words that are misleading the advertising message recipient in regard with the warranty and its duration.
2. Advertising Medicaments, Medical Instruments, Doctors and Doctor’s Services
Article 61
Advertising medicaments and medical instruments has the goal to promote their use by presenting characteristics of a certain product truly, completely and without exaggerations, in a manner and under conditions regulated by law defining the medicaments circulation.
It shall be forbidden to advertise in public media special medical procedures and health care methods, including methods and procedures of traditional and alternative medicines, in accordance with law regulating health care.
Advertising name, business name, title, head office and founder of a health care institution, i.e. another form of health care service and working hours, shall be done in accordance with law.
Results developed through practising special medical procedures and health care methods shall be announced only at professional and scientific gatherings and published in professional and scientific magazines and publications, in accordance with law regulating health care.
Article 62
It shall be forbidden to advertise narcotics.
Article 63
It shall be forbidden to advertise weapons, weapon parts and ammunition in public media and other advertising instruments.
Weapons, weapon parts and ammunition may be advertised only to the professional public, consisting of authorized weapon producers and authorized weapon dealers and of state and its armed forces as authorized buyers.
Advertising sporting and hunting weapons, their weapon parts and ammunition for such weapons shall be allowed.
5. Advertising Tobacco Products
Article 64
It shall be forbidden to advertise tobacco and tobacco products, including every emphasis on brand or other signs belonging to producers of such products, in press, on radio and television, in cinema slides, films, boards, billboards, stickers, street advertising instruments, public places, on public objects and transport vehicles, on books, magazines and clothing items and on stickers, posters and fliers if such stickers, posters and fliers are detached from tobacco and tobacco products packing.
It shall be forbidden to distribute tobacco products to citizens free of charge and to offer promotional discounts for tobacco products.
It shall also be forbidden to emphasize the brand or other signs belonging to producers of tobacco and tobacco products mentioned in paragraph 1 of the present Article in the advertising message that is not recommending the producer of tobacco and tobacco product, including the advertising message recommending the sponsored activity.
Emphasizing tobacco products at the point of sale and announcing information on quality and characteristics of tobacco, i.e. tobacco products at the point of sale, in specialized books, magazines and other professional publications intended exclusively for producers or salesmen of such products, as well as using brand and other signs belonging to producers of tobacco products in business communication means and in business presentations of such a producer, shall not be considered as the advertising mentioned in paragraph 1 of the present Article.
Warning on Tobacco Products Harmfulness
Article 65
Producers of tobacco and tobacco products shall mark and note the original packing of such products in accordance with law regulating production and circulation of tobacco and tobacco products.
Prohibition to Display Smoking and Tobacco Products in Advertising Messages
Article 66
It shall be forbidden to display smoking or simulation of smoking, tobacco products, their packing and tobacco smoke in the advertising message.
Article 67
Limitations and prohibitions prescribed by the present Law in terms of advertising tobacco products shall not apply to the advertising message that is recommending termination, break of a habit and fight against smoking.
It shall be forbidden to use the brand or other sign belonging to producer of tobacco products in the advertising message mentioned in paragraph 1 of the present Article.
6. Advertising Alcoholic Drinks
Article 68
It shall be forbidden to advertise alcoholic drinks, except beer and wine, including every emphasis on brand or other sign of alcoholic drink or producers of such drinks, in printed media, on radio and television, in cinema slides, films, boards, billboards, stickers, street advertising instruments, public places, on public objects and transport vehicles, on books, magazines, calendars and clothing items and on stickers, posters and fliers if such stickers, posters and fliers are detached from alcoholic drink products packing.
It shall be forbidden to advertise beer and wine, including every emphasis on brand and other sign of beer and wine or beer and wine producers, in the following cases:
1) in specialized radio and television programs intended for minors;
2) in other television and radio programs, except the period from 18:00 to 06:00 hours;
3) in public transport vehicles and on public transport vehicles;
4) in preschool institutions, schools, health care and other institutions intended for minors, as well as in open space up to 100 meters distanced from preschool institutions, schools, health care and other institutions intended for minors;
5) in cinemas, theatres and other objects with presentations, i.e. performances, for performances starting before 20:00 hours and for performances intended for minors;
6) in public parks and public playgrounds;
7) in specialized radio and television programs intended for motor vehicles drivers.
It shall be forbidden to emphasize brand or other sign of alcoholic drink and producer of alcoholic drinks, except beer and wine in terms of paragraph 1 of the present Article, in the advertising message not recommending the alcoholic drink producer, including the advertising message recommending the sponsored activity.
Emphasizing alcoholic drinks at the point of sale and announcing information on quality and other characteristics of alcoholic drinks at the point of sale, fair stand, in specialized books, magazines and other professional publications intended exclusively for producers or salesmen of such products, as well as using brand or other sig of alcoholic drink and alcoholic drink producer in business communication means and in business presentation, shall not be considered as the advertising in terms of paragraph 1 of the present Article.
Prohibition to Display the Use of Alcoholic Drinks
Article 69
It shall be forbidden to display the consumption or simulation of consumption of alcoholic drinks in the advertising message.
Advertising the Breaking of a Habit of Alcoholic Drinks Addiction and Fight Against Alcoholism
Article 70
The provisions of the present Law related to advertising alcoholic drinks shall not apply to the advertising message recommending the break of a habit of consuming alcoholic drinks and fight against alcoholism.
It shall be forbidden to display the brand or other sign of alcoholic drinks or producers of such drinks in the advertising message mentioned in paragraph 1 of the present Article.
7. Advertising Lawyers and Legal Services
Article 71
Advertising lawyers and legal service shall be conducted under conditions and in a manner prescribed by the Code of the Lawyers’ Professional Ethics.
V ADVERTISING INTENDED FOR MINORS
Article 72
The advertising message intended for minors is an information recommending the product, i.e. the service, which due to its type, nature, form, quality and other characteristics, independently or with parental aid, exclusively or mainly use minors.
1. Prohibition to Abuse Inexperience, Lack of Knowledge and Credulity of Minors
Article 73
The advertising message intended for minors shall not abuse minors’ lack of experience or knowledge and their credulity, particularly by incapacitating or hindering to know reality from imagination.
Article 74
The advertising message intended for minors shall not contain untrue data on advertised product or service, particularly in the view of the real size, value, nature, duration, speed, colour and other characteristics.
Article 75
In case advertising message presents drawing, workmanship, assemblage and modelling results, than the ability to achieve such results shall respond to the average ability of minors the advertising message is intended for.
The advertising message mentioned in paragraph 1 of the present Article shall state the age of the minor the advertising message is intended for.
Article 76
The advertising message intended for minors shall not contain the judgement opinion on a price, and particularly words "only", "bargain", "for a mere trifle", "attractive price" and the like, along with information on price.
Article 77
The advertising message intended for minors shall not recommend the product or service not intended for those persons.
Article 78
The advertising message intended for minors shall not recommend medicaments and medical instruments, including vitamins, except children’s toothpaste.
2. Protection of Health, Development and Integrity of Minors
Article 79
It shall be forbidden to advertise milk, other food and drink for newborns and babies, as well as equipment for their use.
It shall be forbidden the advertising that is promoting behaviour which is endangering health, mental and moral development of minors.
The advertising message intended for minors shall not contain information prompting that person to behave in such a way to hurt his/her physical, mental, emotional or other integrity.
Article 80
The advertising message intended for minors shall not present a minor in the dangerous situation, such as: climbing onto insecure objects; entering unknown premises; talking to unknown persons; using matches, lighters, petrol, medicaments and electric appliances in the household.
Prohibition mentioned in paragraph 1 of the present Article shall not relate to the advertising message containing warning about danger for health and safety of a minor, i.e. his/her integrity.
Article 81
The advertising message intended for minors shall not contain scenes of violence, including violent scenes between animated characters, dolls and the like.
Article 82
The advertising message intended for minors shall not contain messages suggesting that person using these products or services shall have physical, intellectual or other social edge over other minors not using such products or services.
4. Protection of Family and School Authority
Article 83
Looking at it from the minor’s point of view, the advertising message intended for minors shall not contain information violating the reputation or authority of parents, brothers and sisters and other family members.
The prohibition mentioned in paragraph 1 of the present Article shall also refer to violating the reputation of preschool and school institutions.
5. Prohibition to Abuse Minors’ Trust
Article 84
The advertising message intended for minors shall not contain information abusing minors’ trust towards other people, and particularly towards parents, brothers and sisters and other family members, pedagogues, teachers and doctors.
6. Advertising in Children Institution
Article 85
It shall be forbidden to advertise in the school, preschool or other institution intended for minors, unless the advertising message serves in the general interest and minor’s interest and unless it recommends a particular product producer or particular service provider.
VI ADVERTISING BY STATE BODIES AND ORGANIZATIONS, POLITICAL ORGANIZATIONS AND OTHER BODIES AND ORGANIZATIONS
1. State bodies and organizations and other bodies and organizations
Article 86
State bodies and organizations, territorial autonomy and local authority bodies, public service and public companies shall inform the public about their activities in accordance with law.
State bodies and organizations, territorial autonomy and local authority bodies may advertise activities and measures significant for citizens, for most of the citizens or for minority social group, and particularly the following:
1) elections, i.e. referendum if advertising message shall recommend participation at elections, i.e. referendum;
2) measures for citizens referring to general danger situations, such as flood, fire, earthquake, epidemic, terrorist attack and others;
3) humanitarian activity, i.e. activity aimed at protection and improvement of health, as well as aid invitation for directly endangered persons;
4) competition and invitation for pupils and students to enrol;
5) economic activities, such as purchase of goods reserves, purchase of wheat, providing such advertising message contains an invitation to participate in such activities.
The advertising message mentioned in paragraph 2 of the present Article shall not use the name, image, voice or personality of a state official, i.e. state body and organization official, territorial autonomy and local authority body official.
The advertising message mentioned in paragraph 2 of the present Article shall not advertise directly or indirectly the political organization or other organization established by state body, political party or politician.
In case the advertising mentioned in paragraph 2 of the present Article is performed with no charge, the duration of such advertising shall not be counted into duration of TV advertising and TV sale mentioned in the Article 15 paragraphs 1 and 2 and in the Article 16 paragraphs 1 and 2 of the present Law.
2. Advertising by Political Organizations and Advertising at Polling Stations
Article 87
Advertising by political organizations and advertising at polling stations shall be performed in a manner and under conditions described by law regulating elections of people’s deputy, and particularly conditions related to presentation of election lists submitters and election lists candidates, citizens’ right to be informed through public media about election programs and activities of election lists submitters and election lists candidates, duties of public media and bodies in charge of carrying out elections, as well as of bodies in charge of supervising political parties, candidates and public media conducts.
VII SPONSORSHIP AND ADVERTISING
Article 88
The present Law shall define the sponsorship as an agreed giving of financial or other support to an individual or legal entity or its activities that are not related to sponsor’s activity, for the purpose of advertising sponsor’s name, i.e. title, brand, goods or service trademark or image.
Provisions of the present Law dealing with advertising shall accordingly apply to sponsorship, unless otherwise stated by the present Law.
1. Prohibition for Producers to Provide Sponsorship for Tobacco Products and Alcoholic Drinks
Article 89
Producer of tobacco products shall not sponsor media, sportsmen, sport clubs, sport contests, contests, including sponsoring individuals, i.e. participants of those events.
Producer of tobacco products or alcoholic drinks shall not sponsor minors, their activities, nor persons or activities with minors making the majority of their audience.
Producer of alcoholic drinks, except beer, shall not sponsor sportsmen, sport clubs and sport contests.
Article 90
Sponsorship shall be clearly marked and it shall not mislead the advertising message recipient in regard with sponsor’s identity, sponsored person or activity, sponsor’s activity, characteristics of their products, their influence and potential health hazards, by simulating other sponsor, its activities or in some other way.
In case there is a potential health hazard, the advertising message, promotion and sponsorship shall clearly warn that such a danger exists.
Article 91
Sponsor shall not limit the creative freedom of a sponsored person, his/her right to independently govern, define goal and contents of a sponsored activity.
Agreement concluded contrary to paragraph 1 of the present Article shall be considered as null.
Article 92
While sponsorshiping, the sponsor shall not endanger the integrity of artistic, sporting or cultural contents of a sponsored activity and it shall not harm the reputation of a sponsored person.
While practising the sponsored activity, the sponsored person shall not change the title, i.e. the name of sponsor, its goods or service trademark, nor shall it endanger the reputation or image of a sponsor in any other way.
Article 93
In case sponsored person has several sponsors, he/she shall provide incidence of interests of each sponsor, according to their proportional part in sponsorship.
Sponsored person shall inform potential sponsors on sponsors he/she has already signed an agreement with.
Sponsored person shall not sign new sponsorship agreements without consent from sponsors he/she has already signed an agreement with.
Article 94
The present Law shall define TV sponsorship as direct or indirect financing of a TV program by a person not dealing with broadcasting activities or production of audio-visual works, with the goal to advertise his/her name, i.e. title, brand, goods or service trademark or image in TV programs.
Sponsored TV programs shall not directly advertise sale, purchase or rent of products and services belonging to sponsors or third persons, particularly not by specially giving reference to those products and services in those programs.
State bodies and organizations and political organizations shall not be sponsors of TV programs.
Individuals and legal entities engaged in production or sale of products or in providing services the present Law forbids shall not sponsor TV programs.
Article 95
The telecast sponsored entirely or partially shall contain information on its sponsor in the beginning, during and at the end.
In sporting and cultural telecasts data on sponsor shall be stated in the beginning and at the end of foreseen breaks.
Article 96
Sponsor shall not influence the contents and timing of neither the broadcast of the program it provides sponsorship for, nor the issues in regard with transmitter’s editing policy.
It shall be forbidden to sponsor informative telecasts, except sport news and weather forecast.
Article 97
Provisions of the present Law related to television sponsorship, i.e. advertising, shall accordingly apply to radio sponsorship, unless otherwise stated by the present Law.
Prohibition mentioned in the Article 94 paragraph 4 of the present Law shall not apply to radio sponsorship, unless otherwise stated by the present Law.
Article 98
Legal entities and individuals which according to separate regulations deal with producing or distributing medicaments or providing medicinal treatments, may sponsor radio program by advertising his/her name, i.e. title, goods or service trademark, image or activity, aside from advertising medicaments which may be obtained only by means of a doctor’s receipt.
VIII PROTECTION OF ADVERTISING MESSAGE RECIPIENT
1. Keeping Advertising Message and Data on Advertising Message
Article 99
The advertiser shall keep the broadcasted advertising message in a form that shall allow access to the message, to data on place, time and frequency of advertising, as well as to the advertising message declaration, maximally for thirty days starting from the day the advertising message last broadcast took place.
Following the request coming from the interested person, the advertiser shall allow access to the advertising message, data and declaration mentioned in paragraph 1 of the present Article within three days at the latest starting from the day the request has been received.
The interested person mentioned in paragraph 2 of the present Article shall be the person whose right or interest has been endangered or violated by the advertising message.
Article 100
A person whose right, i.e. interest, has been violated or endangered by the advertising message shall be entitled to protect itself by filing a lawsuit before the competent court.
The advertiser and the advertising message producer shall be jointly responsible for the caused damage.
A person who has broadcasted the advertising message shall be jointly responsible for the damage the advertising message has caused, if it did not request or received neatly filled in declaration in accordance with the Article 11 of the present Law, i.e. if it knew or had to know according to circumstances of the case that broadcasting of such an advertising message may cause damage.
Article 101
A person whose right or interest could be violated by the advertising message may suggest the court to adopt a stopgap measure, in accordance with law regulating execution procedure.
Article 102
The right to initiate procedures mentioned in the Articles 100 and 101 of the present Law shall have organizations for consumers’ protection, professional associations, as well as chambers.
Article 103
The ministry in charge of trade, tourism and services shall supervise the implementation of the present Law, unless otherwise stated by the present Law.
The ministry in charge of health care shall supervise the implementation of provisions of the present Law related to advertising medicaments and medical instruments, doctors and doctor’s services.
The local government, i.e. city body in charge of public utilities shall supervise the implementation of provisions of the present Law related to placing advertising messages on public surfaces.
An independent organization established in the broadcasting field shall supervise the implementation of provisions of the present Law related to advertising in television and radio programs and it shall adopt closer regulations concerning television and radio advertising and sponsoring, in accordance with the present Law and law regulating broadcasting.
Article 104
The ministry in charge of trade, tourism and service shall perform inspection supervision through market and tourist inspectors.
The ministry in charge of health care shall perform inspection supervision through health and sanitary inspectors in accordance with the present Law, with law regulating circulation of medicaments and health care and other law regulating competences of such inspectors.
The local government, i.e. city body in charge of public utilities shall perform inspection supervision through public utility inspectors.
Article 105
When performing inspection supervision, the inspector shall have all the rights, duties and authorities defined by the present Law and by law regulating procedure concerning inspection supervision of a competent inspector.
Article 106
When performing supervision, the competent body, i.e. the competent inspector shall pass a decision to prohibit advertising or other activities when they have been started or when they have been practised under conditions or in a manner that is forbidden or in some other way opposed to the provisions of the present Law.
The decision mentioned in paragraph 1 of the present Article shall define the deadline and modality for removing irregularities, if they can be removed, i.e. the deadline and modality for removing harmful consequences caused by performing activities the decision forbids, as well as removing advertising instruments from the public surface or removing public transportation vehicles, if they are used to advertise those products.
The deadline for removing irregularities mentioned in paragraph 2 of the present Article shall not be longer than 15 days starting from the day the decision has been delivered, and deadline for removing harmful consequences shall not be longer than 30 days starting from the day the decision mentioned in paragraph 1 of the present Article has been delivered.
The prohibition pronounced in a way mentioned in paragraphs 1 and 2 of the present Article shall last until defined irregularities are removed, i.e. until harmful consequences are removed.
The decision mentioned in paragraph 1 of the present Article shall be made within 48 hours starting from the day the inspection supervision has been completed. It shall be possible to appeal against such a decision to the competent second-instance body within three days starting from the day it has been delivered.
An appeal mentioned in paragraph 5 of the present Article shall not adjourn the enforcement of the decision.
Article 107
The company or other legal entity shall pay a fine from 300.000 to 3.000.000 dinars for committing a business offence, in the following cases:
1) if it shall recommend an advertiser, his/her activity, product, service or other recommendation in the advertising message as opposed to the condition mentioned in the Article 12 of the present Law;
2) if it shall advertise the activity that may not be conducted without a issued consent, approval or other state body’s act, and such a consent, approval or other state body’s act has not been issued;
3) if it shall advertise in such a way that advertising message untruly marks or marks in a way which creates misconception in regard with the producer, i.e. service provider, price, modality of sale, delivery and price payment, origin, quality, quantity, usability, warranty conditions, maintenance possibilities, official awards or other characteristic (the Article 49 paragraphs 1 and 2);
4) if it shall mark the product or service in the advertising message by expression that does not fit in terms of its composition, quality, quantity, usability or other characteristic (the Article 49 paragraph 3);
5) if it shall mislead the advertising message recipient in regard with the product price by advertising the sale, the apparent reduction of product’s or service’s price, as well as by advertising the inaccurate amount of the price reduction or other conveniences (the Article 51 paragraph 1);
6) if when advertising the forthcoming or already launched sale it shall not state or shall inaccurately state its duration, as well as the type of product the sale refers to or the type of service the price reduction refers to (the Article 51 paragraph 2);
7) if when advertising products or services with prices privileged for certain categories of persons, for a certain area and certain period of time, it shall not state or shall inaccurately state the category of persons the privileged price refers to, i.e. area and time the privileged price relates to (the Article 51 paragraph 3);
8) if it shall promise a gift in the advertising message by using words: "free", "pay one take two", "two for one" and the like, and it shall actually offer the product or service under the price higher than the price the tenderer regularly requests for such product or service (the Article 52 paragraph 1);
9) if it shall mislead the buyer of the product, i.e. the user of the product about the real value of the product or service by promising a gift in the advertising message (the Article 52 paragraph 2);
10) if when advertising the product, i.e. the service, it shall promise the material gain or convenience to the buyer of the product, i.e. to the user of the service, whose value is significantly higher than the usual value of the gift (the Article 52 paragraph 3);
11) if it shall advertise weapons, weapon spare parts and ammunition as opposed to the provisions mentioned in the Article 63 paragraph 1 of the present Law;
12) if it shall advertise tobacco and tobacco products as opposed to the prohibition mentioned in the Article 64 paragraph 1 of the present Law;
13) if it shall distribute tobacco products to citizens free of charge, if it shall offer promotional discount for tobacco products or if it shall emphasize the brand or other sign of the producer of tobacco and tobacco products in the advertising message that does not recommend the producer of tobacco and tobacco products, including the advertising message recommending the sponsored activity, as opposed to the prohibition mentioned in the Article 64 paragraphs 2 and 3 of the present Law;
14) if the advertising message shall display smoking or simulation of smoking, tobacco products, their packing and tobacco smoke (the Article 66);
15) if the advertising message recommending termination, breaking of a habit and fight against smoking shall use brand or other sign belonging to the producer of tobacco products (the Article 67 paragraph 2);
16) if it shall advertise alcoholic drinks, except beer and wine, including every emphasis on brand or other sign of alcoholic drink or producer of such drinks, as opposed to the prohibition mentioned in the Article 68 paragraph 1 of the present Law;
17) if it shall advertise beer and wine as opposed to the provisions of the Article 68 paragraph 2 of the present Law or if it shall emphasize the brand and other sign of a producer of such products, or if it shall emphasize the brand or other sign of alcoholic drink and producer of alcoholic drinks, except beer and wine, in the advertising message not recommending the producer of alcoholic drink, including the advertising message recommending the sponsored activity, as opposed to the prohibition mentioned in the Article 68 paragraph 3 of the present Law;
18) if the advertising message shall display the consumption or simulation of consumption of alcoholic drinks (the Article 69);
19) if it shall display the brand or other sign of alcoholic drink or producer of such drinks in the advertising message recommending breaking of a habit of consuming alcoholic drinks and fight against alcoholism (the Article 70 paragraph 2);
20) if it shall advertise lawyers and legal services as opposed to the regulations prescribed by the Code of the Lawyers’ Professional Ethics (the Article 71).
In case the advertising that can be presented as a business offence mentioned in paragraph 1 resulted in a profit higher than a one half or in case it exceeds the upper amount of a set fine mentioned in paragraph 1, than the company or other legal entity shall be fined harder than a fine mentioned in paragraph 1, in the proportion with the caused damage, unperformed commitment or value of goods or other items, i.e. with the benefit presenting the subject of the business offence, but maximally up to the triple value of a profit gained in such a way.
A responsible person in the company or other legal entity shall also be fined from 50.000 to 200.000 dinars for a business offence mentioned in paragraph 1 of the present Article.
Along with the sanction for business offence mentioned in paragraph 1 of the present Article, a protective measure prohibiting performance of certain business activity for a period from one to five years may also be imposed to the legal entity, i.e. a protective measure prohibiting performance of certain duties to the responsible person for a period from one to five years and a protective measure of publicly publishing the sentence.
Article 108
A legal entity shall pay a fine from 100.000 to 1.000.000 dinars for a misdemeanour in the following cases:
1) if it shall not respect the advertising principles by acting against the provisions of the Articles 3-10 of the present Law;
2) if it shall not deliver the declaration containing prescribed data mentioned in the Article 11 paragraphs 1 and 3 along with the advertising message, i.e. if it shall broadcast or transmit the advertising message as opposed to the provisions of the Article 11 paragraph 2 of the present Law;
3) if it shall not respect the duration or broadcasting timings of TV advertising and TV sales in programs of commercial television stations, i.e. programs of public broadcasting service or if it shall not clearly mark by both picture and sound the TV sale telecast as a TV sale (the Articles 15t and 16);
4) if it shall broadcast advertising messages and TV sale messages as opposed to the provisions of the Article 17 of the present Law;
5) if it shall broadcast advertising messages during sporting telecasts through public broadcasting service as opposed to the provisions of the Article 18 of the present Law;
6) if it shall broadcast slots of advertising messages and TV sale messages as opposed to the provisions of the Article 19 of the present Law;
7) if it shall sell TV advertising and TV sales services on programs belonging to public broadcasting service institutions as opposed to the provisions of the Article 20 paragraphs 1-5 of the present Law, i.e. if it shall mediate, represent or take on the advertiser’s role on behalf of the third person as opposed to the provisions of the Article 20 paragraph 6 of the present Law;
8) if advertising in open space shall not provide safety for pedestrians, motor vehicles and other traffic participants, protection of cultural and historical monuments and goods of general interest and image preservation and promotion of the city, i.e. the populated place(the Article 24);
9) if it shall place the advertising board, poster and/or advertising instruments on the public surface as opposed to the provisions of the Articles 25 and 26 of the present Law, including the placing of other advertising instruments in open space, such as posts, balloons, public transportation stops, screens, electronic displays, luminous letters etc.;
10) if it shall place the poster in a non-public space without the owner’s consent (the Article 27) or if it shall place the panel or the advertising message carrier to the health care institution as opposed to the provisions of the Article 28 of the present Law;
11) if it shall inaccurately mark the advertiser’s identity, his/her activity, product or service (the Article 30 item 1));
12) if it shall mislead about the identity of the advertiser, his/her activity, product or service and about other recommendations addressed at the advertising message recipient by omitting important data, by using indefinite or multi-meaningful expressions, archaic and out-of-date quotes or other data (the Article 30 item 2));
13) if advertising shall present the imitation or copy of other person, his/her activity, product or service, or if advertising shall belittle, suspect or in other unworthy way present the other person’s identity, his/her activity, product or service (the Article 30 items 3) and 4));
14) if it shall compare an advertiser, his/her activity, product or service with another advertiser, his/her activity, product or service, at the expense of the latter, i.e. for the purpose of achieving a material gain (the Article 30 item 5));
15) if it shall advertise by hinting broadly at somebody else, his/her business name, firm, trade mark, activity, product or service, if it shall exploit the other persons’ reputation and thus mislead the advertising message recipients (the Article 30 item 6));
16) if the advertising shall hide important imperfections, dangerous or harmful characteristics of products, services or other contents recommended to the advertising message recipient (the Article 31);
17) if advertiser, his/her activity, product or service shall be untruly compared with competitor’s activity, product or service or if the advertising shall mislead consumers between the advertiser and the competitor (the Article 32 paragraph 1);
18) if advertiser, his/her activity, product, service or price shall be inaccurately compared with other advertiser, his/her activity, product, service or price, providing such activities, products or services are of a different kind or have different goal or purpose (the Article 32 paragraph 2);
19) if it shall advertise the product or service as an imitation or true copy of a product or service carrying the protected commercial logo or commercial name, or if it shall take the advantage of the protected commercial logo or other designation the competitor is recognized for (the Article 32 paragraph 3);
20) if the advertising shall use the reputation or advertising messages of other person, without this person’s approval (the Article 33);
21) if the advertising shall invite to boycott other person, to interrupt or prevent establishing relationship with other person (the Article 34);
22) if the advertising message shall contain symbols which are opposed to regulations, commercial habits or moral, or if it shall use trademark, brand, commercial name, commercial logo, sign of product’s origin or other sign the competitor is recognized for, or if it shall use the flag, national anthem or coat-of-arm against the law (the Article 35);
23) if it shall advertise the pornographic contents as opposed to the prohibition mentioned in the Article 36 paragraph 1 of the present Law or if it shall advertise as opposed to the provisions of the Article 36 paragraphs 2-4 of the present Law;
24) if the advertising shall feature the use of force or threat to use the force without a good reason (the Article 37);
25) if it shall advertise by unjustifiably displaying the person of one sex having the dominant position over the person of other sex, especially by presenting typical forms of authority or other forms of a person of one sex having the dominancy over the person of other sex (the Article 38);
26) if the advertising message shall display the sexual harassment as acceptable, desirable or usual social behaviour (the Article 39);
27) if the advertising message shall link minors under the age of 16 with sexuality (the Article 40 paragraph 1);
28) if the advertising message shall present men and women as boys and girls with sexual distinctions of adults (the Article 40 paragraph 2);
29) if the advertising shall unjustifiably exploit people’s consternation for preserving health or environment, as well as their lack of knowledge concerning ways and means of environmental protection (the Article 41);
30) if the advertising shall urge or approve with procedures that are not in line with regulations on environmental protection (the Article 42);
31) if the advertising message shall contain untrue claims the product or service has positive or negative impact on health care or environmental protection, particularly by emphasizing words such as "ecologically safe", "ecologically harmless", "eco food", "healthy food" and similar words or symbols with the same meaning (the Article 43);
32) if the advertising message shall contain personal good mentioned in the Article 44 of the present Law without prior consent of a person the personal good relates to, i.e. persons mentioned in the Article 44 paragraphs 2 and 3 of the present Law if on the basis of the advertising message the person the personal good relates to may be established or recognized;
33) if it shall use the personal good of public persons as opposed to the provisions of the Article 48 of the present Law;
34) if the advertising message shall compare previous prices and current prices for the same product or service of the same tenderer, providing the previous price was set as a fictitious price or the previous price was essentially higher than the market price; if the product or service was for irrelevantly short period of time offered in the market under the previous price or was never offered under that price or if difference between the previous and the current price is irrelevant (the Article 53);
35) if the price of the product or service compared with the price recommended in the advertising message has been untruly presented (the Article 54);
36) if the product price in the advertising message shall be compared with the price suggested by the producer or wholesaler, providing the suggested price is essentially higher than the market price (the Article 55);
37) if the advertising message shall compare prices of products or services of different quality, i.e. prices of products with or without an imperfection, without stating that lower price results from the lower quality, i.e. imperfection (the Article 56);
38) if the advertising message referring to the telephone number for which the special rate is applied to shall not contain the rate scale noticeable throughout the duration of the advertising message (the Article 57);
39) if the advertising message intended for minors shall abuse minors’ lack of experience or knowledge or their credulity, particularly by incapacitating and hindering to know reality from imagination (the Article 73);
40) if the advertising message intended for minors shall contain untrue data on advertised product or service, particularly in the view of the size, value, nature, duration, speed, colour and other characteristics (the Article 74);
41) if the advertising message shall present drawing, workmanship, assemblage and modelling results, and the ability to achieve such results shall not respond to the average ability of minors the advertising message is intended for or if such an advertising message shall not state the age of minors the advertising message is intended for (the Article 75);
42) if the advertising message intended for minors, along with information on price, shall also contain the judgement opinion on price, and particularly words "only", "bargain", "for a mere trifle", "attractive price" and the like (the Article 76);
43) if the advertising message intended for minors shall recommend the product or service not intended for minors (the Article 77);
44) if the advertising message intended for minors shall recommend medicaments and medical instruments, including vitamins, except children’s toothpaste (the Article 78);
45) if it shall advertise milk, other food and drink for newborns and babies, as well as equipment for their use (the Article 79 paragraph 1);
46) if it shall execute advertising that promotes behaviour which is endangering health, mental and moral development of minors, or if the advertising message shall contain information prompting that person to behave in such a way to hurt his/her physical, mental, emotional or other integrity (the Article 79 paragraphs 2 and 3);
47) if the advertising message intended for minors shall present a minor in the dangerous situation, such as: climbing onto insecure objects; entering unknown premises; talking to unknown persons; using matches, lighter, petrol, medicaments and electric appliances in the household, unless the advertising message shall contain warning about danger for health and safety of a minor, i.e. his/her integrity (the Article 80);
48) if the advertising message intended for minors shall contain violent scenes, including violent scenes between animated characters, dolls and the like (the Article 81);
49) if the advertising message intended for minors shall contain data suggesting that minors using this product or service shall have physical, intellectual or other social edge over other minors not using such a product or service (the Article 82);
50) if the advertising message intended for minors, looking at it from the minor’s point of view, shall contain information violating the reputation or authority of parents, brothers and sisters and other family members or if the advertising message intended for minors shall refer to violating the reputation of preschool and school institutions (the Article 83);
51) if the advertising message intended for minors shall contain information abusing minor’s trust towards other persons, and particularly towards parents, brothers and sisters and other family members, pedagogues, teachers and doctors (the Article 84);
52) if it shall advertise in the school, preschool institution or other institution intended for minors, unless the advertising message shall serve to protect the general interest and minor’s interest and if it shall not recommend a particular product produce or service provider (the Article 85);
53) if it shall sponsor media, sport clubs, sporting events, contests, including sponsoring individuals or participants of such events, i.e. if it shall sponsor minors, their activities, as well as persons and activities whose audience mostly consists of minors, as opposed to the prohibition mentioned in the Article 89 of the present Law;
54) if it shall not clearly mark the sponsorship or if it shall by simulating other sponsor, its activity or in other way mislead the advertising message recipient in regard with the identity of a sponsor, sponsored person or activity, sponsor’s activity, characteristics of its products, its influence and potential health hazards, or if it shall not clearly emphasize the warning about potential health hazard in its advertising message, promotion and sponsorship (the Article 90);
55) if in the process of providing sponsorship it shall limit the creative freedom of a sponsored person, his/her rights to independently govern, define goal and contents of a sponsored activity (the Article 91);
56) if in the process of providing sponsorship it shall endanger the integrity of artistic, sporting or cultural contents of a sponsored activity, i.e. if it shall harm the reputation of a sponsored person (the Article 92 paragraph 1);
57) if in the process of practising sponsored activity it shall change the title, i.e. the name of the sponsor, its trademark or service mark, i.e. if it shall endanger sponsor’s reputation or image in any other way (the Article 92 paragraph 2);
58) if it shall not protect proportional interest of each sponsor, i.e. if it shall not act in accordance with the provisions mentioned in the Article 93 of the present Law;
59) if it shall practice TV sponsorship as opposed to the provisions mentioned in the Article 94 paragraphs 2 and 4 of the present Law;
60) if it shall not state the sponsor in the beginning, during and at the end of the sponsored telecast, i.e. if it shall not state sponsor’s data at the beginning and at the end of the foreseen breaks during sporting and cultural and artistic telecasts (the Article 95);
61) if by sponsoring the telecast it shall influence the content and broadcast time of a sponsored program, as well as if it shall influence the editing policy of a transmitter or if it shall sponsor the informative telecasts except sport news and weather forecast as opposed to the provisions mentioned in the Article 96 of the present Law, i.e. if it shall sponsor radio program as opposed to the prohibition mentioned in the Article 98 of the present Law;
62) if it shall not keep the broadcasted advertising message in a form which shall allow access to that message, to data on place, time and frequency of advertising, as well as to the advertising message declaration in a deadline stipulated by the Article 99 paragraph 1 of the present Law or if it shall unable access to the advertising message, data and declaration in a deadline stipulated by the Article 99 paragraph 2 of the present Law;
A responsible person in the legal entity shall be fined from 20.000 to 50.000 dinars for actions mentioned in the paragraph 1 of the present Article.
An entrepreneur shall be fined from 100.000 to 500.000 dinars, i.e. an individual from 20.000 to 50.000 dinars, for actions mentioned in the paragraph 1 of the present Article.
Along with the misdemeanour fine mentioned in paragraph 1 of the present Article, a protective measure prohibiting performing certain activities may also be imposed to the legal entity for a period from six months to one year, and protective measure prohibiting performing certain activities to the responsible person for a period from six months to one year.
Along with the misdemeanour fine mentioned in paragraph 3 of the present Article, a protective measure prohibiting performing certain activities may also be imposed to the entrepreneur for a period from six months to one year.
Article 109
An entrepreneur shall pay a fine from 100.000 to 500.000 dinars for a misdemeanour in the following cases:
1) if the advertising message shall recommend the advertiser, his/her activity, product, service or other recommendation as opposed to the condition mentioned in the Article 12 of the present Law;
2) if it shall advertise an activity that may not be performed without issued approval, permission or other state body’s act, and such an approval, permission or other state body’s act has not been issued (the Article 13);
3) if the advertising message shall untruly mark or shall mark in a way which creates misconception in regard with the producer, i.e. service provider, price, modality of sale, delivery and price payment, origin, quality, quantity, usability, warranty conditions, maintenance possibilities, official awards or other characteristic (the Article 49 paragraphs 1 and 2);
4) if it shall mark the product or service in the advertising message by expression that does not fit in terms of the composition, quality, quantity, usability or other characteristic (the Article 49 paragraph 3);
5) if advertising shall mislead the advertising message recipient in regard with the product price by advertising the sale, the apparent price reduction of a product or service, as well as by advertising the inaccurate amount of the price reduction or other conveniences (the Article 51 paragraph 1);
6) if when advertising the forthcoming or already launched sale it shall not state or it shall inaccurately state its duration, as well as the type of product the sale refers to or the type of service the price reduction refers to (the Article 51 paragraph 2);
7) if when advertising products and services with prices privileged for certain categories of persons, for certain area or for certain period of time it shall not state or it shall inaccurately state category of persons the privileged price relates to, i.e. area and period time the privileged price refers to (the Article 51 paragraph 3);
8) if it shall promise a gift in the advertising message by using words: "free", "pay for one take two", "two for one" and the like, and if it shall offer the product or service under the price that is higher than the price the tenderer currently requests for such a product or service (the Article 52 paragraph 1);
9) if promising a gift the advertising message shall mislead the product buyer, i.e. the service user, about the real value of the product or service (the Article 52 paragraph 2);
10) if when advertising product, i.e. service, it shall promise to the product buyer or service user a material gain or convenience whose value is significantly higher than the usual gift value (the Article 52 paragraph 3);
11) if it shall advertise weapons, weapon spare parts and ammunition as opposed to the provisions of the Article 63 paragraph 1 of the present Law;
12) if it shall advertise tobacco and tobacco products as opposed to the prohibition mentioned in the Article 64 paragraph 1 of the present Law;
13) if it shall distribute tobacco products to citizens free of charge, if it shall give promotional discount for tobacco products or if it shall emphasize the brand or other sign belonging to producer of tobacco and tobacco products in the advertising message that does not recommend the producer of tobacco and tobacco products, including the advertising message recommending the sponsored activity, as opposed to the prohibition mentioned in the Article 64 paragraphs 2 and 3 of the present Law;
14) if the advertising message shall feature smoking or simulation of smoking, tobacco products, their packing and tobacco smoke (the Article 66);
15) if the advertising message recommending termination, breaking of a habit and fight against smoking shall use brand or other sign belonging to producer of tobacco products (the Article 67 paragraph 2);
16) if it shall advertise alcoholic drinks, except beer and wine, including every emphasis on brand or other sign of alcoholic drink or producer of such drinks, as opposed to the prohibition mentioned in the Article 68 paragraph 1 of the present Law;
17) if it shall advertise beer and wine as opposed to the provisions of the Article 68 paragraph 2 of the present Law or if it shall feature the brand and some other sign of a producer of such products, or if it shall emphasize brand or other sign of alcoholic drink and producer of alcoholic drinks, except beer and wine, in the advertising message not recommending the alcoholic drink producer, including the advertising message recommending the sponsored activity, as opposed to the prohibition mentioned in the Article 68 paragraph 3 of the present Law;
18) if the advertising message shall display the consumption or simulation of consumption of alcoholic drinks (the Article 69);
19) if it shall display brand or other sign of alcoholic drink or producer of such drinks in the advertising message recommending the break of a habit of consuming alcoholic drinks and fight against alcoholism (the Article 70 paragraph 2);
20) if it shall advertise lawyers and legal services as opposed to the regulations defined by the Code of the Lawyers’ Professional Ethics (the Article 71).
Along with the misdemeanour fine mentioned in paragraph 1 of the present Article, a protective measure prohibiting performance of certain activity for a period from six months to one year may also be imposed to the entrepreneur.
An individual shall pay a fine from 20.000 to 50.000 dinars for actions mentioned in paragraph 1 of the present Article.
XI TRANSITIONAL AND CONCLUDING PROVISIONS
Article 110
The following provisions shall cease to be valid on the day the present Law shall commence its application:
- the Articles 17 and 18 and the Article 39 paragraph 1 items 3) and 4) of the Law on Sanitary Validity of Victuals and Objects for Public Usage ("Official Gazette of the SFRY", No.53/91 and "Official Gazette of the FRY", No.24/94, 28/96 and 37/02);
- the Articles 104-105, the Articles 107-112 and the Article 113 paragraph 1 items 16)-18) and items 20)-26) of the Law on Broadcasting ("Official Herald of the Republic of Serbia", No.42/02, 97/04 and 76/05).
Article 111
The present Law shall enter into force on the eighth day from the day of publication in the "Official Herald of the Republic of Serbia" and shall apply after the period of three months shall expire from the day of entering into force of the present Law.