ADVERTISING ACT("Off. Herald of RS", No. 6/2016) |
Article 1
This Act regulates the content of the advertising message, general rules on advertising, special rules and restrictions, direct advertising, sponsorship, legal protection and supervision.
Article 2
Certain expressions used herein have the following meaning:
1) Advertising is any form of presentation connected to business operations, i.e. professional or business activity in order to stimulate sales of goods and services, sales of real estate, as well as the transfer of rights and obligations;
2) Advertising message is a notification that makes the content of advertising, regardless of the form, manner or means by which it is being conveyed;
3) Advertiser is a person who advertises, and who has the status of a merchant pursuant to the regulations governing trade, or works in the name and for the account of a merchant, i.e. performs professional or business activity of selling goods and services, real estate, as well as transfer of rights and obligations, in accordance with special regulations;
4) Advertising message carrier is a person who conveys an advertising message through a means owned by him, a medium published by him, or a domain registered by him, or who has the right of use or any other right over such means and domains based on which he is authorized to convey advertising messages, as well as the organizer of public manifestations and events at which the advertising messages are conveyed.
Article 3
Provisions of this Act apply to advertising regardless of the manner and means by which it is carried out.
Provisions of this Act apply also to activities that do not have the features of advertising in terms of Article 2, paragraph 1, item 1) of this Act, such as:
1) Publishing of personal messages, i.e. other ads made by natural persons that are not related to their business or professional activity;
2) Public notification carried out by state authorities, i.e. other holders of public authority, while carrying out activities from their scope (e.g. public invitations, public announcements for sale of obsolete weapons and military equipment, notifications, public awareness campaigns and etc.), in accordance with the statute that regulates the field of public information, and other forms of activities that are, for the purpose of promotion and presentation of their programs, projects, actions, works, etc, carried out by the Republic of Serbia, Autonomous Province, local government units, as well as institutions and other legal entities that are majority owned by the state or who are completely or predominantly financed from public revenues;
3) Election campaigns and other promotional activities of political organizations, which are performed in accordance with the regulations governing elections, as well as regulations governing the electronic media;
4) Dissemination of information carried out by associations, trade unions and other legal persons, as part of the activities that are not related to sale of goods and services, including activities, the sale of real estate, as well as the transfer of rights and obligations;
5) Informing the public about activities of socially responsible behavior, unless such activities have the elements of sponsorship in terms of this Act.
II GENERAL RULES OF ADVERTISING
Article 4
Advertising is free, both local and foreign legal and natural persons have the same rights and obligations.
Nobody shall prevent the publication of an advertising message because of the ideas or opinions on public issues contained in the advertising message.
Advertising is carried out in accordance with the law, other regulations, good business practices, professional ethics and other forms of self-regulation.
Article 5
Independent regulation of business rules (self-regulation) implies a set of rules defining procedures in commercial communication which include advertising in relation with one or more business processes or business fields, i.e. the rules of the profession, and which are imposed in accordance with the provisions of this Act and special regulations.
Business rules are adopted by all advertising participants who are responsible for the formulation, acceptance, implementation, monitoring and review thereof.
Professional ethics, in terms of this Act, is a special skill and care standard which may be reasonably expected from advertisers, producers or carriers of advertising messages, in relation to the recipients of advertising messages, and which is equal to the fair business (market) practice and the general principles of good faith in professional performance of activities of all advertising participants.
The subject of business rules may be certain areas, i.e. commercial sectors, as well as the manners of conduct in the area of specialized advertising services.
Article 5а
Advertising message carriers who are the media service providers, in terms of the statute governing the electronic media, may, with the approval of the regulatory authority for the electronic media, independently or jointly establish special business rules regarding inappropriate advertising of food or beverages that contain ingredients with nutritional or physiological effect whose excessive consumption is not recommended, especially fats, trans fatty acids, salt/sodium or sugar, which is broadcast before, during or immediately after the programming targeting or specialized for children.
Article 6
Advertising shall be based on the principle of using the permitted means of achieving the goal and other principles of social responsibility.
Advertising message shall not provoke hatred or intolerance, abuse trust, relationship of dependency, gullibility, lack of experience or knowledge and superstition of the recipients of the advertising message.
Advertising message shall not contain statements or visual presentations that may be regarded offensive.
Advertising message shall be true, in accordance with law, good business practices of fair competition and professional ethics.
If the advertising message refers to opinions of certain scientists, experts or consumers, those must be verified, documented and trustable.
Prohibition of Advertising of Certain Persons, Goods, Services and Activities
Article 7
Advertising that recommends an advertiser, activity or production and marketing of goods and services which are prohibited by law or by an individual order of the competent authority is prohibited.
If the advertisement subject is from the scope of activities that may be legally performed only based on consent, permit or other document issued by a state authority, the advertising is prohibited if such consent, permit or other document has not been issued by a competent authority.
Advertising that calls for illicit actions, boycott, termination or not establishing relations with others, is prohibited.
Prohibition of Incitement of Discrimination
Article 8
It is prohibited that an advertising message incites, directly or indirectly, discrimination on any grounds, and particularly on the basis of beliefs, national, ethnic, religious, gender or racial affiliation, political, sexual or other orientation, social background, financial situation, culture, language, age, or mental or physical disability.
Prohibition of Advertiser Discrimination
Article 9
It is prohibited to unreasonably refuse to publish, i.e. broadcast an advertising message, or to otherwise unreasonably discriminate or treat unequally, exclude, restrict or give priority to different advertisers in the same or similar situations.
Prohibition of Incitement of Health and Safety Endangerment
Article 10
It is prohibited to encourage by means of an advertising message the behavior that endangers health or safety of the recipient of the advertising message, and in particular:
1) Scenes of violence and destruction of buildings and nature, except in order to prevent such behavior;
2) Displays that can cause fear and aggression;
3) Sexual harassment, shown as acceptable, desirable or common social behavior;
4) Display minors in connection to sexuality, as well as men and women as boys or girls with adult sexual characteristics;
5) Encouraging or approving actions that are prohibited by regulations on environmental protection, as well as making false statements (e.g. by highlighting the words "ecologically safe", "ecologically harmless", "ecological food", "organic product" and similar words or symbols) that goods or services have a positive or harmless effect on the protection of health or the environment.
Article 11
Misleading advertising is prohibited.
Misleading advertising is any advertising which, in any way, including its manner of presentation, is deceiving or is likely to mislead the recipients of the advertising message, and which, due to its misleading nature, may influencetheir economic behavior, or which as a consequence, harms or is likely to harm the interests of advertiser’s competitor.
When determining whether a specific advertising is misleading, all its features aretaken into account and in particular every piece ofinformation contained in the advertisement that relates to:
1) Properties of the goods or service, such as: nature, composition, availability, quantity, specification, method of use and suitability for use for certain purposes, geographical or commercial origin, method and date of manufacture of goods, the manner and time of rendering service, results that can be expected from the use of goods or service, results or other indicators of the tests or verificationscarried out on the goods or service;
2) Price or manner of price calculation, as well as conditions for sale of goods or conditions for rendering services;
3) Business information, characteristics and rights of the advertiser, such as its identity and assets, qualifications, commercial property or intellectual property rights, awards and recognitions received by the advertiser.
Article 12
Surreptitious advertising is prohibited.
Surreptitious advertising is presentation of goods, services, business name, trademark or other mark, i.e. activity of a natural or legal person which engages in production of goods or provision of services, when such presentation is intended for advertising purposes and may mislead the public as to its actual nature, with the proviso that it is considered that the intent particularly exists if it is carried out with cash or other consideration.
When assessing the presence of surreptitious advertising, it is particularly taken into account whether there are justified grounds for presentation of goods, services, business name, trademark, or other mark, i.e. activity, i.e. justification of their prominent display during program, and whether certain goods, services, trademark or other mark, i.e. activity is displayed or mentioned in the programin a manner which is warranted on editorial grounds (e.g. justified frequency of display or mentioning of goods, services or mark, or whether a certain producer or service provider is being favored in the program, etc.).
Article 13
If the advertising message appears together with other information that is not advertising by nature, advertising message shall be clearly marked with the recognition label.
Recognition label is a graphic, visual, i.e. audio label, which, depending on the mode of advertising, indicates the character of a given message as the advertising message (e.g. "paid content", "advertising message", etc.).
Surreptitious advertising in any particular situation is excluded by application of the recognition label.
Article 14
Comparative advertising is advertising that directly or indirectly identifies a competitor or its goods or services.
Comparative advertising, in terms of the comparison itself, is allowed if:
1) It is not misleading within the meaning of Article 11 of this Act and in terms of the provisions regulating misleading business practices and omission which misleads the consumers, as prescribed by the law governing consumer protection;
2) It compares goods or services intended to satisfy the same needs or the same purposes;
3) It objectively compares one or more material, relevant, verifiable and representative features of those goods or services, which may include price;
4) It does not belittle or devalue trademarks, trade name, geographical origin or other marks by which the competitor is recognized or distinguished, its goods or services, activities or circumstances in which the competitor is;
5) In a specific case, relates to the products marked with the same origin label;
6) It does not abuse the reputation of a competitor, its trademark, trade name or other mark by which the competitor is recognized or distinguished, or marks of origin of the competing product;
7) It does not present goods or services as imitations or replicas of goods or services which bear the trademark or trade name;
8) It does not stir confusion regarding the identity of the advertiser relating to the competitor, as well as confusion in respect of goods or services, trademarks, trade names or other labels by which the advertiser and its competitor are recognized or distinguished.
Use of Personal Good in Advertising
Article 15
If an advertising message includes a personal good on the basis of which it is possible to establish or recognize the identity of the person concerned, that advertising message may not be published without prior consent of the person to whom the personal good relates.
A personal good is considered to be personal data, personal record, image recording (photograph, drawing, graphic, film, video and digital recording), sound recording of the voice, and spoken words of a certain natural person.
If a person to whom the personal good relates is deceased, the consent in terms of paragraph 1 of this Article is given by the spouse, children or other relative in direct downward line, including also adoptive relatives, parents of the deceased, i.e. the person who is specified in the last will.
The consent referred to in paragraph 3 of this Article is not necessarily obtained after expiry of 70 years from the death of the person whose personal good is used.
For a natural person who has no contractual capacity, the consent in terms of paragraph 1 of this Article is given by his legal representative, and for a child without parental care and an adult who has been deprived of contractual capacity, the guardian with the prior consent of the public guardianship authority.
The consent of the person to whom the personal good relates, given for the use of the personal good for some other purpose, with or without compensation, and not for the purpose of advertising, shall not be simultaneously considered as consent for its use in the advertising message.
Consent given for the use of personal good in one advertising message or for a certain advertising period, for a certain manner of advertising, i.e. for advertising of a specific cause, is not considered to be a consent for the repeated or prolonged advertising, other manner of advertising, i.e. advertising for other causes.
If the person to whom the personal good relates retained the right to revoke consent for the use of personal good in an advertising message, the advertising messages may not contain the personal good after the receipt of revocation.
The person to whom the personal good relates is entitled to revocation even when such right has not been retained at the moment of initial consent to the use of personal good, if, according to the circumstances in specific case, such advertising would cause damage to his interests that could not have been anticipated.
If the consent for use of the personal good is revoked in accordance with this Act, the advertiser is entitled to compensation of damages caused by the revocation of consent for the use of the personal good.
If the person whose personal good has been used in the advertising message subsequently agrees to such use, such person is entitled to request adequate compensation for the use of his personal good.
Article 16
Advertiser shall, when advertising sales incentives, indicate in the advertising message all the elements contained in the sales incentives offer, in accordance with the statute that governs trade.
It is prohibited to advertise sales incentives that advertise alleged sale or ostensible reduction of prices of goods or services, volume of reduction or similar, if the previous price was wrongly presented or the goods were offered for sale at previous price in a negligibly short term.
If goods or services are advertised at preferential prices for certain categories of persons, for a certain area, and for a certain period of time, such categories of persons, area and period, for which the price applies, shall be precisely specified.
The promise of gift when using the words "free of charge", "gratis", "pay for one, take two", "two for one" and similar, is permissible only if the goods or services involved have been already offered at the regular (current) price.
If the prices of products or services of different quality, i.e. the prices of products with and without defects, are compared in an advertising message, it shall be stated that the lower price is owed to lower quality, i.e. existence of a defect.
Article 17
An advertising message that refers to a telephone number or another user service to which special rates apply, shall noticeably, clearly and legibly display the amount of such rates, i.e. the overall price of such service (call connection and rate per minute and similar).
Use of State Symbols of the Republic of Serbia, Foreign States and Symbols of International Organizations
Article 18
The use of the flag, anthem and coat of arms of the Republic of Serbia in advertising shall be carried out in accordance with the statute governing the use of such state symbols.
Advertising message shall not contain symbols whose use is contrary to regulations, business practices or morality.
The use of the flag, coat of arms, anthem and other symbols of foreign governments and international organizations shall not be indecent, and in particular shall not be of such kind so as to expose them to ridicule, or to insult the dignity of a foreign state or its citizens, or an international organization.
Article 19
Advertising declaration is a document containing identification data of the advertiser and the advertising message carrier, the content of the message and estimated period and manner of advertising, which the advertiser submits to the advertising message carrier.
If consent, permit or some other document of a competent authority is a legal requirement to carry out a business activity which is the subject matter of advertising, the number and date of such permit, consent, or other document, and the issuing authority are inscribed into the advertising declaration.
The advertising declaration with the data referred to in paragraph 1 of this Article are kept by advertiser and advertising message carrier during the period of advertising to which it relates, and 30 days from the end of such advertising.
If the advertising message carrier does not possess the advertising declaration with the data referred to in paragraph 1 of this Article, it shall take the place of the advertiser in respect of the obligations and responsibilities stipulated by this Act, unless such data can be reliably determined from the advertising message.
Advertising declaration is made in writing or in the form of an electronic document furnished with electronic signature.
Liability of the Advertising Message Carrier
Article 20
Advertising message carrier and the advertiser are jointly and severally liable for any damage arising from publishing or otherwise disseminating the advertising message which is obviously or after regular review in contravention of this Act, provided that such carrier has not obtained a properly written declaration.
Advertising message carrier may execute an agreement with the advertiser in order to assume the exclusive liability for obligations and responsibilities of the advertiser which are prescribed by this Act.
When advertising in open spaces, the owners, holders of the right of disposal or use, or other rights to chattel, premises or asset, shall have the rights and obligations of the advertising message carriers, which include their authority to make independent decisions regarding posting or displaying the advertising message, including the authority to collect pecuniary compensation for advertising.
Advertising message carrier is liable for advertising whose advertising message which is contrary to the provisions of this Act or any other statute or secondary legislation regulating the content of advertising, if they knew or must have known from the regular verification of circumstances of a specific case (e.g. by examining the content) that the advertising message is contrary to the mentioned regulations, if they do not possess the advertising declaration referred to in Article 19 of this Act.
III SPECIAL RULES AND RESTRICTIONS
1. Special Rules on Protection of Children and Minors
Protection of Children and Minors from Inappropriate Advertising
Article 21
Advertising message shall not:
1) Contain the representation of a child or minor in a dangerous situation;
2) Directly invite children or minors to purchase goods or services, or invite them to request such purchase from their parents;
3) Incite children or minors to a behavior that may harm them;
4) Directly incite children or minors to purchase or lease the goods and services, by abusing their inexperience and gullibility;
5) Abuse special trust that children and minors have in their parents, teachers or other persons.
Dangerous situations referred to in paragraph 1, item 1) of this Article are in particular considered to be climbing on unsecured objects, entering the unfamiliar premises, talking with unfamiliar persons and similar, or representation of a child without parental supervision in possession or near hazardous substances or equipment, such as matches, lighters, petrol, medicines, electrical household appliances etc., unless the advertising message is directly promoting child safety and protection of their integrity.
During a children program, i.e. program intended for minors, only advertising messages and TV home shopping messages that are appropriate for child’s age, i.e. minor’s age may be broadcasted.
In terms of paragraph 3 of this Article, during and for at least ten minutes before or after broadcasting children programs, i.e. programs intended for minors, it is in particular prohibited to broadcast advertising messages and TV home shopping messages which recommend:
1) Alcoholic beverages;
2) Games of chance;
3) Ignition tools, flammable materials, and other dangerous devices which may endanger a child or a minor;
4) Weight loss products, methods of treatment, institutions that provide such services, drugs, medical devices and dietary supplements.
The provisions of this Article apply mutatis mutandis to TV and radio programs and on-demand media services that are specialized for program content intended for children, i.e. minors.
A child, within the meaning of this Act, is a person under 12 years of age.
A minor, within the meaning of this Act, is a person who has reached 12, but not 18 years of age.
Advertising Message Intended for Children and Minors
Article 22
Advertising message intended for children, in terms of this Act, is an advertising message which is, directly or indirectly, addressed to children.
Advertising message intended for minors, in terms of this Act, is an advertising message which is, directly or indirectly, addressed to minors.
Misuse of Inexperience, Ignorance and Gullibility
Article 23
An advertising message intended for minors shall not abuse their lack of experience or knowledge, or their gullibility.
In addition to the condition referred to in paragraph 1 of this Article, an advertising message intended for children, shall not prevent or impede differentiation between reality and fantasy.
An advertising message intended for children, i.e. minors shall not include untrue data on the advertised goods or services, particularly with regard to its true size, value, nature, service life, properties, speed, color and similar.
If the result of drawing, producing, assembling, model-making and similar is being shown in an advertising message, the capability for achieving that result shall correspond to the average capability of a child or minorto whom the advertising message is intended for.
In case referred to in paragraph 4 of this Article, the age group of children, i.e. minors to whom the advertising message is intended for, shall be stated.
An advertising message intended for children, i.e. minors, shall not, along with the information about the price, contain an opinion thereof, particularly the words "only", "a mere trifle", "a good bargain" and the like.
An advertising message intended for children, i.e. minors shall not, along with the goods or service intended for them, recommend a product or service that is not intended for them.
Protection of Health and Development
Article 24
It is prohibited to advertise milk, other foods and beverages for infants up to six months of age, as well as the utensils for their use.
The advertising that incites or leads to behavior that endangers health, physical or mental development of children or minors is prohibited.
Article 25
An advertising message intended for minors shall not contain a depiction of violence, including scenes of violence between animated characters, dolls and the like.
An advertising message intended for minors shall not abuse their trust in certain people, especially in parents, teachers, physicians and the like, by diminishing their authority and opinion.
An advertising message intended forminors shall not suggest that the use of goods or services is conducive to the achievement of bodily, intellectual or other social advantage over other minors, i.e. that failure to use the goods or services will have the opposite effect.
Provisions of this Article apply mutatis mutandis also to advertising intended for children.
Advertising in Educational and Upbringing Institutions
Article 26
Advertising is prohibited in a school, preschool institution or other institution intended for children or minors, unless it serves for the protection of general interests and interest of children or minors, as well as for an upbringing, educational and sport activity.
2. Special Rules regarding Advertising Method
а) Advertising in Electronic Media
Definition and Types of Advertising in Electronic Media
Article 27
Advertising in electronic media is advertising in radio and television program contents, as well as in program contents available on-demand via networks of electronic communication, in exchange for pecuniary or other consideration or for self-promotional purposes.
Advertising in electronic media is carried out by images with or without sound (audio- visual commercial communication) or by sound, namely in the form of: television or radio advertising, sponsorship, television and radio sale and product placement.
Advertising in electronic media shall be clearly recognizable.
Advertising in programs that are retransmitted on the territory of the Republic of Serbia in accordance with the regulations on the electronic media and the provisions of the European Convention on Transfrontier Television ("Official Herald of RS - International Treaties", No. 42/09) is allowed only if such advertising is an integral part of the original program, i.e. if the original programis not altered or edited with such advertising (interrupted flow of the signal).
Product Placement
Article 28
Product placement is a form of advertising in electronic media which consists of display or reference to goods, services, trade mark or other label during program content, in such a way that the display or reference is embedded into the content and makes its integral part, in return for pecuniary or other consideration.
Product placement is prohibited.
Notwithstanding the prohibition referred to in paragraph 2 of this Article, product placement is permitted:
1) In fiction films, television movies, fiction series, sports and entertainment shows, unless they are intended exclusively for children; or
2) If particular goods or service is displayed within the program content as production prop or reward, provided that it is not done in exchange for a financial compensation, but the goods or service is appropriated or provided for free in exchange for their appearance or mentioning in such program content.
Product placement referred to in paragraph 3, item 2) of this Article is prohibited in the news, programs about current social and political events and in children's programs when placement of goods in such programs is done in exchange for compensation, except in sports news and weather forecast.
The regulatory authority for electronic media prescribes in more detail the conditions and manner of presentation and referencing in program contents to goods, service, trademark or other label referred to in paragraph 1 of this Article.
Prohibited Manners of Product Placement in Program Contents
Article 29
In program contents which engage in product placement it is prohibited to:
1) Directly incite to purchase, lease or use goods or a service that is the subject of placement;
2) Improperly present the goods, service or trademarks which is the subject of placement, especially by close-ups of goods or by presenter, guests and other participants of the program emphasizing the quality of the goods;
3) Influence the content and broadcasting schedule in a manner that endangers editorial independence of the media service provider.
The subject of product placement shall not be goods, service or trademarkwhose advertising in electronic media is prohibited.
Product Placement Notification
Article 30
Program contents containing product placement shall be clearly marked with the product placement notification, notably at the beginning and at the end, as well as after the commercial breaks, unless such program contents are produced or ordered by the media service provider itself or an entity associated to it within the meaning of the statute that governs the status of companies.
Duration of the product placement is not calculated in the duration of television advertising and TV home shopping during one full hour of broadcasting.
The regulatory authority for electronic media specifiesin more detail the form, duration and location of the product placement notification.
Article 30а
Provisions of Art. 28-30 of this Act refer only to program contents produced after 13 August 2014.
Television and Radio Advertising and Television and Radio Sales
Article 31
Television, i.e. radio advertising is a form of advertising in electronic media consisting of broadcasting advertising messages in television, i.e. radio program(hereinafter: TV advertising).
Television, i.e. radio sales are a form of advertising in electronic media consisting of broadcasting advertising messages (TV and radio home shopping messages) in television, i.e. radio program, which contain offer or invitation for an offer to execute a contract whose subject matter is goods, services real estate, as well as and rights and obligations (hereinafter: TV home shopping).
A regulatory authority for electronic media specifies the manner and conditions of broadcasting of TV advertising, i.e. TV home shopping.
The provisions of this Act relating to TV advertising and TV home shopping apply mutatis mutandis to radio advertising and radio sales.
Recognizability
Article 32
TV advertising and TV home shopping shall be easily recognizable and clearly and prominently distinct from other program contents by use of acoustic, optical or spatial means.
Broadcasting of TV Advertising and TV home shopping between Shows or during Intermissions
Article 33
As a rule, TV advertising and TV home shopping is broadcast in blocks and between individual shows, in such a manner as to continuously broadcast several advertising messages, i.e. TV home shopping messages.
Notwithstanding paragraph 1 of this Article, broadcasting of an individual advertising message, i.e. TV home shopping message is permitted if that is required due to the length of the advertising message or TV home shopping message, or the nature of the program content whose broadcasting is interrupted.
Notwithstanding paragraph 1 of this Article, broadcasting of a certain show may be interrupted in order to broadcast TV advertising, i.e. TV home shopping, provided that the integrity of the show, taking into account natural intermissions, its duration and nature, and the rights of the holder of copyright or similar rights, are not violated.
If the conditions referred to in paragraph 3 of this Article have been met, the broadcasting of a feature movie, television film (excluding fiction and documentary series) and news program may be interrupted in order to broadcast TV advertising, i.e. TV home shopping, once for each scheduled period of the show that lasts at least 30 minutes.
If the conditions referred to in paragraph 3 of this Article have been met, the broadcasting of a children’s show may be interrupted in order to broadcast TV advertising, i.e. TV home shopping, once for each scheduled period of the show that lasts at least 30 minutes, provided the scheduled duration of the program is longer than 30 minutes.
Live broadcast of a religious service shall not be interrupted in order to air TV advertising, i.e. TV home shopping.
Provisions of this Article do not apply to television programs that are entirely intended for advertising and TV home shopping, as well as to television programs entirely intended for self-promotion.
Transmitting of TV Advertising and TV Home Shopping without Interruption of the Show
Article 34
TV advertising, i.e. TV home shopping may be transmitted simultaneously with the ongoing show, i.e. without interrupting its time continuum by using electronic, graphic or other technical means (e.g. virtual advertising, split screen, inscriptions on the screen, inserters, etc.) provided that:
1) The integrity of the show is not violated, taking into account natural breaks, its duration and nature, and rights of the holders of copyright or similar right;
2) They are separated from other parts of the program content during which they are transmitted, by use of acoustic, optical or spatial means and if that does not interfere with watching of the program content.
Duration of TV advertising, i.e. TV home shopping transmitted in the manner referred to in paragraph 1 of this Article is calculated into the total advertising time in one full hour of broadcast program.
At least five minutes shall elapse between broadcasting of TV advertising, i.e. TV home shopping in the manner referred to in paragraph 1 of this Article and broadcasting of advertising messages in the manner referred to in Article 33, paras. 1 and 2 of this Act.
Between broadcasting of certain forms of TV advertising and TV home shopping in the manner referred to in paragraph 1 of this Article, at least five minutes shall elapse.
It is prohibited to simultaneously broadcast different forms of TV advertising, i.e. TV home shopping in the manner referred to in paragraph 1 of this Article.
It shall be prohibited to broadcast TV advertising, i.e. TV home shopping in the manner referred to in paragraph 1 of this Article in the news programs, shows solely intended for children or minors, religious programs and programs on current social or political events.
The regulatory authority for electronic media specifies the forms and conditions of broadcasting of TV advertising i.e. TV home shopping referred to in paragraph 1 of this Article.
Duration of TV Advertising and TV Home Shopping
Article 35
Within one full hour of transmitted commercial media service providers’ program, TV advertising and TV home shopping shall not take up more than 20% of time.
Within one full hour of broadcast program of a public broadcasting service institution and civil sector media service provider, TV advertising and TV home shopping shall not take up more than 10% of time.
A full hour of transmitted program is considered to be an hour that starts in zero minute and finishes upon expiry of 59th minute (e.g. 00:00:00-00:59:59), regardless of the moment in which the media service provider started broadcasting its program on a given day.
Live broadcasts of international sports events of national importance, included in the list of the most important events of special importance for all citizens, provided by the institutions of public broadcasting service, may be interrupted by TV advertising and TV home shopping up to nine minutes per hour, where the total daily TV advertising and TV home shopping may not last up to 10% of the total daily broadcast sports program.
Provisions of this Article do not apply to television programs exclusively devoted to advertising and TV home shopping, as well as to television programs totally intended for self-promotion.
Contents not Calculated in Total Duration of TV Advertising and TV Home Shopping
Article 36
Total duration of TV advertising and TV home shopping during one full hour of transmitted program does not include:
1) Announcements of content in own program;
2) Announcements of ancillary products directly derived from program;
3) Sponsorship notices;
4) Product placement;
5) Announcements of public interest, if broadcasted free of charge;
6) Calls to participate in charity, if broadcasted free of charge;
7) TV home shopping as separate program content;
8) Opening and closing credits for broadcasting of TV advertising and TV home shopping, unless they contain advertising message or TV home shopping message;
9) Notifications on contemporary cultural and artistic products and other contents in the area of culture, which have been financially supported by the ministry responsible for culture, or approved by the National Council for Culture.
Announcements of content from media service provider’s own program (so called promo content) referred to in paragraph 1, item 1) of this Article, are considered to be contents whereby the media service provider announces or recommends program contents that will be broadcasted in the program wherein such announcement is transmitted or in some other of its programs (e.g. if the broadcaster transmits several programs), where such announcements are not calculated in TV advertising and TV home shopping duration, regardless of the manner of their broadcasting (e.g. broadcasting between certain shows or during a show, announcement made by the show’s host, transmission by split-screen or inscription on the screen etc.).
Announcements of ancillary products directly derived from programs referred to in paragraph 1, item 2) of this Article are considered to be contents which recommend products or services stemming directly from the program content independently produced by the media service provider, and which enable the users of media services a better and more comprehensive communication in connection with such program content or to achieve better interaction with that program content.
Announcement of public interest referred to in paragraph 1, item 5) of this Article is considered to be an announcement whereby the state authorities or other holders of public authority, during exercise of the activities from their scope, make public notification about the activities and measures that are of importance to the citizens (e.g. public invitations, notifications, public campaigns, etc.).
Call to participate in charity referred to in paragraph 1, item 6) of this Article is considered to be a statement of a non-profit or other organization about charitable or humanitarian activities, and in particular their invitation to take part in these activities.
TV Home Shopping as a Separate Program Content
Article 37
Broadcasting of TV home shopping as separate program content is considered to be broadcasting of TV home shopping as a separate show that represents an independent program entity within a program and separated from the rest of the program by adequate credits.
A separate TV home shopping show shall be clearly marked by image and sound, notably by use of opening and closing credits containing textual notification whose content clearlyindicates that this is a separate TV home shopping show (TV sale or TV purchase) with a minimum uninterrupted duration of 15 minutes.
TV home shopping as separate program content shall not be transmitted within another show, but only between certain shows.
TV home shopping of medicinal products that are subject to a regime of marketing approval is prohibited.
Article 38
Print media, in terms of this Act, are daily newspapers and periodicals and other printed means of mass communication.
Digital editions of daily newspapers and periodicals, i.e. other printed means of mass communication, which are equal to the printed edition and are available on demand to users on the internet, shall be deemed print media in terms of this Act.
Provisions of this Act apply to advertising in print media.
Definition
Article 39
Outdoor advertising is a form of advertising by means suitable for permanent display of advertising message to public, posted on surfaces that are outdoors and publicly available, i.e. available to unspecified number of recipients.
Advertising in outdoor space within the limits of an indoor space with public access, i.e. access to unspecified number of advertising message recipients, shall not be considered as outdoor advertising, regardless of the specifics of spatial areas within such space (e.g. shopping malls, hotels, hospitals, etc.).
As a rule, means of outdoor advertising are the advertising panel (billboard), poster, display, light signs, etc.
Protection of Safety of Persons and other Public Interest
Article 40
Outdoor advertising shall not violate the interest of safety of pedestrians, motor vehicles and other traffic participants or the interest of preservation and improvement of the appearance of the municipality, protection of cultural and historic monuments or other public interest, i.e. the requirement of safety of persons and goods.
Conditions and manner of the advertising referred to in paragraph 1 are specified by the local government unit.
Placing Advertising Panels in Areas of Public Jurisdiction
Article 41
In outdoor areas where a state authority or local government unit body have the right of management or are authorized to determine the manner of management in accordance with special regulations (hereinafter: public areas), an advertising panel may be placed only with prior approval of the competent authority.
Competent authority referred to in paragraph 1 of this Article adopts a plan for placing advertising panels in public areas and based on such plan announces competition for selection of users of locations designated for placing panels in such areas.
More detailed conditions and criteria for carrying out the competition referred to in paragraph 2 of this Article, including the manner of determining the fee for placing panels, i.e. other advertising means in public areas, are determined by a bylaw of the competent body of local government unit.
If the prescribed conditions have been fulfilled, the competent authority referred to in paragraph 1 of this Article may refuse to grant approval referred to in paragraph 1 of this Article, if it finds it necessary in order to protect the safety of pedestrians, motor vehicles and other traffic participants or to protect other public interest, i.e. the requirement of safety of persons and goods.
Placing Posters in Public Areas
Article 42
Advertising on a poster placed in a public area is permitted if:
1) The public area for poster placing is designated for such purpose by a bylaw of the local government unit;
2) If a permit of a local government unit is required for poster placing in a public area, upon obtaining that permit.
Placing Other Advertising Means in Public Areas
Article 43
Placing advertising messages on facilities that are located in public areas (poles, balloons, public transportation stops, screens, electronic displays, illuminated letters, etc.) is performed in accordance with the rules for placing of advertising panels referred to in Article 41 of this Act.
Placing Posters and other Advertising Means in Remaining Areas
Article 44
In areas that are not public, placing posters and other advertising means is permitted only with consent of the owner, i.e. person having adequate right or authorization.
Article 45
Online advertising is advertising on an internet presentation, social network, application, i.e. through other form of internet communication, where the content of the advertising message undoubtedly indicates that is directed to recipients of the advertising message in the Republic of Serbia, and that the goods or service being advertised can be bought, i.e. delivered in the territory of the Republic of Serbia.
It shall be considered that the advertising message is directed to the recipient of the message in the Republic of Serbia, if:
1) It refers to the address of the office where goods or service being advertised can be purchased (if they are in the Republic of Serbia), or
2) It uses the Serbian language or the local currency, or
3) It uses a foreign language or foreign currency, but allows the delivery of goods, i.e. service being advertised in the territory of the Republic of Serbia.
As a rule, online advertising is carried out through banners, contextual messages and menus, specialized online magazines, etc.
Presentation in one’s own internet domain (internet page) is not considered to be advertising in terms of paragraph 1 of this Article.
Where the advertising message carrier is information society service provider, in terms of the law governing electronic commerce, it shall provide clear identification of the person being advertised during the advertising period and 30 days after the advertising ended.
Where the advertising message carrier is information society service provider, in terms of the law governing electronic commerce, it shall not be responsible for the content of the sent message and its sending, if it has not:
1) Initiated transfer;
2) Selected data or documents that are being transferred;
3) Exempt or amended data in the content of the message or document;
4) Selected the transmission recipient.
If during inspection supervision procedure, the competent authority determines that the content of an advertising message referred to in paragraph 1 of this Article is contrary to the provisions of this Act, it shall issue an order to the advertising message carrier referred to in paragraph 6 of this Article to remove such message within an appropriate deadline which may not be shorter than three nor longer than eight days counting from the day of receipt of the order.
Advertising message carrier referred to in paragraph 6 of this Article which does not comply with the order referred to in paragraph 7 of this Article within the deadline specified under such order, shall be deemed responsible for the content of the advertising message, and may be imposed with any measure envisaged by this Act.
Provisions of this Act apply mutatis mutandis to online advertising, except for the provisions of Article 19 and Article 20. Article 20 of this Act applies exceptionally if the conditions referred to in paragraph 8 of this Article have been met.
3. Special Rules with respect to the Subject of Advertising
Restriction on Advertising of Alcoholic Beverages
Article 46
Advertising of alcoholic beverages, including any displaying of the trademark or other label of alcoholic beverage is not permitted.
It is permitted to display alcoholic beverage, i.e. trademark or other label of alcoholic beverage at the point of sale, publish, as well as individually deliver to an adult who has provided previous consent thereto, a notice on the quality and other properties of alcoholic beverage at the point of sale, on trade fair stand, in professional books, magazines and other professional publications intended exclusively for producers or sellers of such products, as well as the use of the trademark or other label of the alcoholic beverage and producer of alcoholic beverage on tools of business communication and corporate gifts.
Notwithstanding the prohibition of advertising referred to in paragraph 1 of this Article, it is allowed to advertise alcoholic beverages with alcohol content of less than 20%:
1) In public space, at a location positioned at least 100 meters by air away from the nearest preschool establishment, school, health care institution or establishment intended for minors;
2) On means of transport, except public transportation (bus, tram, taxi, etc.);
3) Through electronic media, in cinemas, theatres or other places where screening of shows or performing of plays is conducted, in the period from 18:00 to 06:00 hours, except if they are thematically intended or targeted for children or minors;
4) In relation to and during sporting events;
5) Through online advertising.
Notwithstanding the prohibition of advertising referred to in paragraph 1 of this Article, it is allowed to advertise alcoholic beverages in print media, unless they are targeted or thematically intended for children or minors.
Notwithstanding the prohibition of advertising referred to in paragraph 1 of this Article, it is allowed to advertise alcoholic beverages with alcohol content of more than 20% in electronic media in the period from 23:00 to 06:00 hours.
Prohibited Modes of Advertising Alcoholic Beverages
Article 47
It is prohibited to show the consumption or make-believe consumption of alcoholic beverages in advertising messages.
Advertising alcoholic beverages shall not:
1) Incite excessive use of alcoholic beverages, or show persons who are under the influence of alcohol;
2) State that being under influence of alcohol is acceptable or present abstinence or moderation in a negative light;
3) Directly or indirectly be aimed at children or minors, or show children or minors in the context of alcoholic beverages consumption;
4) Link the consumption of alcoholic beverages to enhanced physical condition or driving;
5) Encourage or associate with violent, aggressive, illegal, dangerous or other anti-social behavior;
6) Link the use of alcohol to courage, or create the impression that the consumption of alcoholic beverages contributes towards social or sexual success;
7) Show pregnant women, or connect pregnancy or maternity with alcohol use;
8) Links their use with a healthy lifestyle;
9) Stress the high alcoholic content as a positive quality of alcoholic beverage;
10) Contain a claim that alcohol has therapeutic qualities or that it is a stimulant, sedative or means of resolving conflict situations.
Advertising Quitting, Withdrawal and Fight against Alcoholism
Article 48
The provisions of this Act on advertising of alcoholic beverages do not apply to an advertising message which recommends quitting alcoholic beverages consumption, withdrawal from addiction to alcoholic beverages consumption and fight against alcoholism.
The use of trademark or other label of alcoholic beverages or producers of such beverages in the advertising message referred to in paragraph 1 of this Article is prohibited.
Article 49
Advertising message which advertises alcoholic beverage shall also contain a warning notice that directs a ban on selling and serving alcoholic beverages to children or minors.
Advertising message which advertises alcoholic beverage shall contain a warning about responsible use of alcoholic beverages.
It shall be deemed that the advertising message contains a warning notice referred to in paragraph 1 of this Article and the warning regarding responsible use of alcoholic beverages referred to in paragraph 2 of this Article, if it contains the prescribed warning sign of the ban on sale and serving of alcoholic beverages to children or minors, and prescribed warning sign of harmful effects of excessive use of alcoholic beverages.
The minister responsible for trade prescribes the appearance and content of the signs referred to in paragraph 3 of this Article.
Prohibition of Advertising of Tobacco Products
Article 50
Advertising of tobacco and tobacco products, including any presentation of the trademark or other label of the producer of such products, is prohibited.
Distribution of gratis tobacco products to consumers is prohibited.
Displaying of the trademark or other label of the producer of tobacco and tobacco product referred to in paragraph 1 of this Article and in the advertising message that does not advertise the producer of tobacco and tobacco product, including the advertising message that advertises a sponsored activity, is prohibited, unless otherwise prescribed by this Act.
Displaying of tobacco products at the point of sale for which a permit of the competent authority for retail of tobacco products has been issued in accordance with the regulations on sale of tobacco products, is not deemed to be advertising referred to in paragraph 1 of this Article.
Displaying, i.e. publishing, as well as individual delivery to an adult who has previously provided consent thereto, notice on the quality and other properties of tobacco, i.e. tobacco products at the point of sale referred to in paragraph 4 of this Article, in professional books, periodicals and other professional publications intended exclusively for the producers or sellers of such products, as well as the use of the brand or other label of producers of tobacco products on the means of business communication and corporate gifts of such producer, is not deemed to be advertising referred to in paragraph 1 of this Article.
The notice referred to in paragraph 5 of this Article contains notice about the composition, filter, packaging, taste, origin, i.e. other relevant data about the quality and characteristics of the tobacco products, and it shall contain a statutory health warning on at least 10% of the surface of such notice.
In the notice referred to in paragraph 5 of this Article, a tobacco product may be displayed as a closed pack of cigarettes or a sealed package of another tobacco product, i.e. one cigarette or another tobacco product, and may contain a valid retail price of the tobacco product, determined and published in accordance with law.
Equipment for displaying tobacco products at the point of sale, as well as the notice referred to in paragraph 5 of this Article, shall not contain images, sound or moving, light (blinking) effects or any other attractive content that would be particularly receptive to children or minors.
The notice referred to in paragraph 5 of this Article may not contain other statements in either Serbian or any foreign language, unless they relate to quality and other properties of tobacco and tobacco products.
If the point of sale referred to in paragraph 4 of this Article is a space where the catering activities are also being conducted, displaying of tobacco products near cash register, posting i.e. publishing the notice referred to in paragraph 5 of this Article, as well as displaying the brand, i.e. trademark of the tobacco products in the price list or on smoking accessories (e.g. ashtrays, lighters, matches, etc.) in a separate area exempt from the smoking ban, is not be deemed to be prohibited advertising referred to in paragraph 1 of this Article.
Article 51
Showing of smoking or make-believe smoking, i.e. use of tobacco products, as well as tobacco smoke in an advertising message is prohibited.
Advertising Fight against Smoking
Article 52
Prohibitions and limitations prescribed by this Act on the advertising of tobacco products do not apply to advertising aimed at prevention of consumption of tobacco, i.e. tobacco products or prevention of exposure to cigarette smoke, including products for quitting smoking.
The use of a trademark or other label of a tobacco product producer in advertising referred to in paragraph 1 of this Article is not permitted.
Article 53
The rules on the advertising of tobacco products apply mutatis mutandis to advertising of electronic cigarettes, liquids and parts for electronic cigarettes, as well as other products that by their function represent or replace cigarettes and other tobacco products.
Restrictions on the Places where Games of Chance are Advertized
Article 54
Advertising of classic and special games of chance in outdoor spaces, except on the site which is located at least 100 meters by air from the nearest preschool establishment, school, health care institution or establishment intended for children or minors, is prohibited.
Advertising of classic and special games of chance on the web pages that are thematically designed or targeted to children or minors is prohibited.
It is prohibited to advertise classic and special games of chance (games that are organized in gaming rooms - casinos, on the slot machines, sports betting) in radio and television broadcasts that are intended for children or minors, as well as in print media intended for such persons.
Advertising of lottery tickets and betting tickets (slips), which cannot be sold, transferred, issued or otherwise represented in the territory of the Republic of Serbia in accordance with the statute governing games of chance, is prohibited.
It shall be prohibited to advertise games of chance if the organizer has not received consent, approval, i.e. permit of the competent authority in charge of organizing games of chance.
Restrictions on the Content of Advertising Games of Chance
Article 55
Advertising of games of chance shall not:
1) Contain unfounded statements on the chances for winning or the income that participants can expect in the games of chance;
2) Suggest that the outcome of the game can be influenced by skill if this is not the case;
3) By time, place or nature of advertising, exert special pressure to participate in games of chance or belittle non-participation (by encouraging participants in games of chance to recover losses, etc.);
4) Represent participation in games of chance as socially desirable or associate participation in games of chance with success or position in society;
5) Suggest that participation in games of chance may represent a way of solving social, professional or personal problems;
6) Suggest that participation in games of chance may represent a substitute for employment, solution for financial problems or financial investment.
Time Schedule for Advertising Games of Chance
Article 56
Advertising of classic and special games of chance through electronic media, as well as in cinemas, theatres or other places where screening of shows i.e. performing of plays is conducted, is permitted, unless such shows or plays are thematically designed or targeted to children or minors.
Advertising of classic and special games of chance shall contain a warning on prohibition of participation to children or minors.
Advertising of classic and special games of chance shall not:
1) Take advantage of the inexperience or lack of knowledge of children or minors;
2) Use children or minors in advertising, i.e. direct advertising to children or minors;
3) Associate participation in games of chance with activities intended for children or minors;
4) Associate participation in games of chance with coming of age.
When advertising sales incentives for participation in games of chance (free credits, bonuses or other means of participation in games of chance offered to participants free of charge), the advertiser shall emphasize the rules for the use of sales incentives in a clear and understandable way, and particularly the special requirements that a participant must meet in order to use sales incentives.
The limitations referred to in paragraphs 1 and 2 of this Article apply mutatis mutandis to advertising of incentives for participation in the classic and special games of chance (promotion of sales incentives).
Provisions of this Article apply mutatis mutandis to advertising of prize contests involving goods and services, except for the provisions of paras. 2 and 3, items 2) and 3).
Article 57
It is permitted to advertise prize contests that are not games of chance (knowledge quiz, skills contests, bidding contests, etc.), provided that the organizer during advertising emphasizes in a clear and comprehensible manner the rules of the contest, type and amount of the prize, i.e. the rates referred to in Article 17 of this Act.
Claims on Health and Nutritional Properties
Article 58
Advertising containing claims about health, healing or nutritional properties of the goods or services being advertised (health or nutrition claim), shall be based on appropriate scientific or professional findings, i.e. such property, i.e. claim shall be confirmed and approved in accordance with special regulations.
Narcotic Drugs and other Psychoactive Controlled Substance
Article 59
Advertising of narcotic drugs is prohibited.
Advertising of other psychoactive controlled substances is carried out under conditions and in the manner envisaged by this Act and the statute governing psychoactive controlled substances.
Restrictions on Advertising Pornography
Article 60
Any advertising using pornographic content is prohibited, except in the pornographic mass media.
Advertising message content of which is not pornographic, but which refers to pornography (hot-line, advertising message for pornographic press, movies, etc.) is prohibited, except in television and radio programs in the period from 00:00 to 05:00 hours, and in pornographic mass media.
Advertisement referred to in paragraph 2 of this Article which makes reference to pornography in specialized television and radio programs intended for children or minors, as well as in television and radio programs wherein, during the period referred to in paragraph 2 of this Article, shows intended for children or minors are transmitted, or whose audience consists mainly of such persons, is prohibited.
Restrictions on Advertising Weapons and Military Equipment
Article 61
Advertising of weapons and military equipment is prohibited.
On exceptional basis, weapons and military equipment can be advertised only to professional public, consisting of authorized producers and authorized dealers of weapons and military equipment and the state and its armed forces as authorized buyers, through specialized magazines or direct advertising.
Advertising of sporting and hunting weapons, spare parts and ammunition for such weapons, is permitted.
Article 62
Direct advertising is sending of an advertising message to designated or otherwise individually specified person.
Direct advertising is conducted:
1) Remotely, by delivering letters or other addressed consignments, by putting them into home mailbox or otherwise leaving them within residential or business premises, by electronic mail or other type of direct electronic communication;
2) In direct communication, by serving material containing an advertising message or in any other form of direct communication (presentation, promotion, over the phone, etc.).
Conditions for Direct Advertising
Article 63
For direct advertising towards natural persons their prior consent is required.
The consent given in terms of paragraph 1 of this Article may be withdrawn at any time, and the advertiser, i.e. advertising message carrier shall enable that.
Direct advertising towards natural persons is carried out in accordance with the rules on advertising by means of distance communication, in accordance with the regulation governing consumer protection.
If the persons referred to in paragraph 3 of this Article object to direct advertising, the advertiser, i.e. advertising message carrier shall discontinue such form of advertising in the future.
The restriction referred to in paragraph 1 of this Article does not apply to advertising towards persons who are engaged in professional or commercial activity, in connection with such an activity (business communication).
Definition and Application of Advertising Rules
Article 64
Sponsorship is any form of financial or other support of a sponsor to another legal or a natural person, or to their activities, in order to promote the sponsor's name, company name or trademark, activities or products.
It is not considered to be sponsorship as referred to in paragraph 1 of this Article when a media service provider or producer of audio-visual works participates in financing of media services or program contents.
Sponsorship of news and other informative content is prohibited, except sports news and weather forecasts.
General rules on advertising apply mutatis mutandis to sponsorship.
Article 65
Sponsorship shall be clearly marked.
Sponsored program content shall be clearly marked as such by indicating the name, label or other symbol of sponsor (e.g. by marking the names of goods or services or other distinctive mark of sponsor) at the beginning and at the end, and also optionally during the program content.
If children and religious program contents are sponsored, markings referred to in paragraph 2 of this Article are permitted only at the beginning and at the end of such content.
Sponsorship shall not, by imitating another sponsor, its activities or in some other way, mislead the advertising message recipient with regard to the identity of the sponsor, sponsored person or activity, sponsor’s business operations, properties of their products, their impact and any potential health hazard.
Where media services or program contents are sponsored by a legal or natural person whose business operations includes the production or sale of medical devices and providing health services, the sponsored service or content may promote the name, i.e. title of the sponsor.
Media services or program contents may not be sponsored by state authorities and organizations and political organizations.
The regulatory authority for electronic media specifies the content of the notification, the manner and time of broadcasting the notification on the sponsor, as well as the conditions of use of the company name or other symbol of the sponsor as the title of the sponsored program content.
Article 66
Sponsor shall not limit the creative freedom of the sponsored person, his rights to independently manage, set goals and contents of the sponsored activity.
Sponsor shall not influence the content of the sponsored audio-visual media services or program contents, or the schedule of their showing during a television broadcast, in such way as to affect the responsibility and editorial independence of the media service provider.
The contract concluded contrary to paragraph 1 of this Article is null and void.
Sponsored media services or program contents shall not directly incite the purchase or rental of goods or services, and in particular by promotional references to such goods or services.
Sponsor shall not by means of sponsoring compromise the integrity of an artistic, sports or cultural content of the sponsored activity, and shall not harm the reputation of the sponsored person.
Sponsored person shall not by means of sponsored activity change the company name, i.e. name of the sponsor, its product or service trademark, or otherwise endanger sponsor’s reputation or image.
Sponsorship of Alcoholic Beverages Producers
Article 67
Advertiser of alcoholic beverages shall not sponsor the media, athletes, sports clubs, sports contests, including also sponsoring of individuals, i.e. participants of such events.
Advertiser of alcoholic beverages shall not sponsor children and minors, their activities, as well as persons or activities whose audience is predominantly comprised of children or minors.
Prohibition referred to in paragraph 1 of this Article does not apply to advertisers of alcoholic beverages with alcohol content of less than 20%.
Prohibition referred to in paragraph 1 of this Article does not apply to sponsoring the print media and events organized by the print media, unless they are aimed and thematically targeted to children or minors.
Provisions of this Act on advertising of alcoholic beverages apply to the advertising of sponsored events the sponsor of which is an advertiser of alcoholic beverages.
Any sponsorship of the alcoholic beverages producers shall warn on the responsible use of alcoholic beverages or contain a warning notice referred to in Article 49 of this Act.
Sponsorship Provided by the Games of Chance Organizer
Article 68
Organizer of classic and special games of chance shall not sponsor children or minors, their activities, as well as persons or activities whose audience is predominantly comprised of children or minors.
Prohibited Sponsorship by Tobacco Products Producers
Article 69
Advertiser of tobacco products shall not sponsor the media, program contents, athletes, sports clubs, sports contests, including also sponsoring of individuals, i.e. participants of such events.
Advertiser of tobacco products shall not sponsor children or minors, their activities, as well as persons or activities, whose audience is predominantly comprised of children or minors.
In cases of sponsorship that is not prohibited in terms of paragraph 1 of this Article, it is permissible to use the business name and trademark of tobacco products producers in areas intended for participants of sponsored meetings and audience of sponsored events.
Using of the business name and trademark of the tobacco products producers shall not be permitted on the stage and in the backdrop of a cultural event, i.e. in any other conspicuous manner that would ensure their visibility during a possible television broadcast or recording of the event.
Using the name and trademark of the tobacco products producers shall not be permitted in advertising messages which promote the sponsored event.
The provisions of this Article apply mutatis mutandis to sponsorship provided by the electronic cigarettes producers.
StoringAdvertising Message and Data on Advertising Message
Article 70
Advertiser shall store the advertising message for 30 days after the last publication, in a form that allows the possibility of inspection of the advertising message, information about the place, time and frequency of advertising.
Advertiser shall, at the request of an interested party, no later than within a term of five days from the day of receipt of the request, provide inspection of the advertising message, i.e. information referred to in paragraph 1 of this Article.
The interested party referred to in paragraph 2 of this Article is a person whose right or interest has been compromised or violated by the advertising message.
Advertiser shall, at the request of the competent authority referred to in Arts. 74 and 75 of this Act, provide access to the advertising message, i.e. the information referred to in paragraph 1 of this Article, no later than within a term of five days from the day of receipt of the request.
Court Protection against Surreptitious and Comparative Advertising
Article 71
Any person whose right or interest has been compromised or violated by surreptitious or illicit comparative advertising may file action with the competent court, requesting the court to order discontinuation of surreptitious, i.e. illicit comparative advertising, as well as correction of the advertising message.
If surreptitious or illicit comparative advertising has not yet been published, but its publication is a certainty, the person referred to in paragraph 1 of this Article may file action with the competent court requiring ban on such advertising.
When deciding on the request referred to in paras. 1 or 2 of this Article, the court shall not take into account whether the advertising in question caused any damage, i.e. whether it could have caused the damage, as well as whether the advertiser is responsible for the surreptitious nature of advertising, i.e. whether he is responsible for the fact that comparative advertising is illicit.
By means of the judgment granting the claim referred to in paragraphs 1 or 2 of this Article, the court orders the defendant to discontinue the surreptitious, i.e. illicit comparative advertising or prohibits the defendant to perform the surreptitious, i.e. illicit comparative advertising that has not yet been done.
If it grants the claim, the court shall, by means of the judgment, order the defendant to publish, at his own expense, the judgment in whole or in part, i.e. to publish the correction of the advertising message, thereby specifying the manner in which the judgment, i.e. correction is to be published.
Unless this Act provides otherwise, the provisions of the statute governing civil procedure apply to the court proceedings referred to in this Article.
For the disputes regarding the claims referred to in paras. 1 or 2 of this Article competent is the court in accordance with the statute governing the jurisdiction of the courts.
Article 72
A person whose right or interest could be violated by surreptitious or illicit comparative advertising may request that the court by means of interim measure prohibit such advertising until final conclusion of the proceeding.
Burden of proof that there is probability that there is a risk of occurrence of violation arising from illicit advertising is on the applicant.
Article 73
Registered associations for consumer protection, associations whose objectives are related to the protection and promotion of a particular profession or occupation, as well as chambers, are also entitled to initiate a proceeding for the protection of rights in the manner referred to in Article 71 of this Act.
Supervision Performed by the Ministry, Regulatory Authority and Local Government
Article 74
If not prescribed otherwise, the ministry in charge of commerce supervises the implementation of this Act.
Regulatory authority for electronic media supervises the implementation of this Act in terms of advertising in electronic media.
Local government units supervise the implementation of provisions of Articles 39 to 44 of this Act, as a delegated authority.
Supervision of implementation of this Act is also performed by another authority, organization or holder of public authority whose jurisdiction is determined by a special regulation, if certain matters set forth in this Act fall into the scope of work of such authority or organization.
Article 75
Inspection referred to in Article 74, paragraph 1 of this Act is performed by the ministry in charge of commerce, through market inspectors.
Inspection supervision referred to in Article 74, paragraph 3 of this Act is performed by the local government units, through municipal inspectors.
Rights, Duties and Authorizationsin Performing Supervision
Article 76
In performing supervision, i.e. inspection of implementation of the provisions of this Act, an inspector, i.e. an authorized person has all the rights, duties and authorizations determined by this Act and the statute governing inspection procedure by the competent inspection authority, i.e. actions of an authorized person during supervision.
In performing supervision referred to in Article 74, paragraph 2 of this Act, the regulatory authority for electronic media has the authorizations and duties determined by this Act and the statute governing the electronic media, and in particular to impose a measure on an advertising messages carrier (media service provider) in accordance with the statute governing the electronic media, submit a request for initiating misdemeanor proceeding against the advertising message carrier (media service provider) and inform the competent authority if there are reasons for undertaking measures against the advertiser.
Article 77
If during performance of supervision, the competent inspector determines that the advertising is being carried out contrary to the provisions of this Act, he shall issue an order prohibiting such advertising and instructing the elimination of irregularities, including the removal of the advertising message.
If during performance of supervision, the competent authority of the local government unit determines that the advertising in open spaces is being carried out contrary to the provisions of this Act, it shall issue an order for the removal of the advertising means.
The order referred to in paragraph 1 of this Article is issued within a term of 48 hours after the completion of the inspection procedure and the appeal against it may be lodged with the competent second instance authority within eight days from the day of receipt.
The appeal referred to in paragraph 3 of this Article does not stay the enforcement of the order.
The appeal against the order referred to in paragraph 2 of this Article may be lodged in accordance with the law.
Article 78
A legal person shall be fined 300,000.00 to 2,000,000.00 dinars for a misdemeanor if it:
1) Acts contrary to Arts. 7, 8, and 10 of this Act;
2) Acts contrary to Article 11 of this Act;
3) Performs surreptitious advertising referred to in Article 12 of this Act;
4) Fails to mark the advertising message with the recognition label in accordance with Article 13 of this Act;
5) Acts contrary to Article 14 of this Act;
6) Advertises sale incentives contrary to Article 16 of this Act;
7) Fails to display telephone rates in accordance with Article 17 of this Act;
8) Acts contrary to Article 21 of this Act;
9) Abuses inexperience, ignorance or gullibility of a child or minor in an advertising message intended for children or minors, contrary to Article 23 of this Act;
10) Advertises milk, other food or beverage for infants up to six months of age, as well as the utensils for their use, contrary to Article 24 of this Act;
11) In advertising message intended for children or minors, does not protect the integrity of children or minors in accordance with Article 25, paras. 1 and 3 of this Act;
12) Performs advertising in educational and upbringing institutions contrary to Article 26 of this Act;
13) Performs advertising contrary to Article 27, paras. 3 and 4 of this Act;
14) Performs advertising by product placement contrary to Articles 28-30 of this Act;
15) Performs TV advertising, i.e. TV home shopping contrary to Arts. 31-36 of this Act;
16) Broadcasts TV home shopping as separate program content contrary to Article 37 of this Act;
17) Places an advertising panel in public areas contrary to Article 41 of this Act;
18) Places posters in public and other areas contrary to Arts. 42 and 44 of this Act;
19) Fails to provide data referred to in Article 45, paragraph 5 of this Act;
20) Advertises alcoholic beverages contrary to Arts. 46 and 47 of this Act;
21) The advertising message does not contain warning notice, i.e. warning in accordance with Article 49 of this Act;
22) Advertises tobacco and tobacco products and electronic cigarettes, liquids and parts contrary to Arts. 50, 51 and 53 of this Act;
23) Displays, i.e. publishes a notice on the quality, i.e. other properties of tobacco and tobacco products and electronic cigarettes, liquids and parts contrary to Article 50 of this Act;
24) Advertises games of chance contrary to Arts. 54-56 of this Act;
25) Advertises prize games contrary to Article 57 of this Act;
26) Advertises goods or services stating claims about health, healing or nutritional properties contrary to Article 58 of this Act;
27) Advertises narcotic drugs and other psychoactive substances referred to in Article 59 of this Act;
28) Advertises pornography, contrary to Article 60 of this Act;
29) Advertises weapons contrary to Article 61 of this Act;
30) Performs direct advertising contrary to Article 63 of this Act;
31) Acts contrary to Article 64, paragraph 3 of this Act;
32) Acts contrary to Article 65 of this Act;
33) Acts contrary to Article 66 of this Act;
34) Sponsors the media, athletes, sports clubs, sports contests, including sponsoring individuals, i.e. participants of such events, as well as children or minors contrary to Article 67 of this Act;
35) Sponsors children or minors, their activities, as well as persons or activities whose audience is predominantly comprised of children or minors contrary to Article 68 of this Act;
36) Sponsors the media, athletes, sports clubs, sports contests, including also sponsoring of individuals, i.e. participants of such events, as well as children or minors contrary to Article 69, paras. 1 and 2 of this Act;
37) In cases of not prohibited sponsorship, uses the business name and trademark of tobacco products producers contrary to Article 69, paras. 3-5 of this Act;
38) Fails to store the advertising message 30 days from the day of the last publication, in a form that allows inspection of the advertising message, information about the place, time and frequency of advertising, i.e. fails to provide inspection of the advertising message in accordance with Article 70 of this Act;
39) Fails to execute the order referred to in Article 77 of this Act.
For acts referred to in paragraph 1 of this Article, a natural person or an officer of a legal person shall be fined 50,000.00 to 150,000.00 dinars.
For acts referred to in paragraph 1 of this Article, a sole trader shall be fined 50,000.00 to 500,000.00 dinars.
For acts referred to in paragraph 1 of this Article, an officer of the administration of Republic of Serbia, Autonomous province or local government unit, shall be fined 50,000.00 to 150,000.00 dinars.
Article 79
In addition to the misdemeanor fine referred to in Article 78, paragraph 1 of this Act, a protective measure of prohibition of performance of certain business activity for a period from six months to one year may be imposed on a legal person, as well as a protective measure of public announcement of the verdict.
In addition to the misdemeanor fine referred to in Article 78, paragraph 2 of this Act, a protective measure of prohibition of performance of certain job related activities for a period from six months to one year may be imposed on the officer of the legal person.
In addition to the misdemeanor fine referred to in Article 78, paragraph 3 of this Act, a protective measure of prohibition of performance of certain business activity for a period from six months to one year may be imposed on a sole trader.
Article 80
As of the day of commencement of application of this Act the following provisions shall be repealed:
1) The provisions of the Advertising Act ("Official Herald of RS, Nos. 79/05 and 83/14 - other law);
2) Article 11 of the Consumer Protection Act ("Official Herald of RS", No. 62/14);
3) Article 4, items 12)-16), Articles 56-59, Article 67, Article 111, paragraph 1, items 2)-4) and item 6), and Article 111, paragraph 2, items 2)-4) and item 6) of the Act on Electronic Media ("Official Herald of RS", No. 83/14).
Article 81
This Act enters into force on the eighth day following the day of its publication in the "Official Herald of the Republic of Serbia", and is applicable upon expiry of three months from the day of entry into force.