Expert Guide to advertising regulations in Bosnia and Herzegovina

In Bosnia and Herzegovina there is no specific legislation (lex specialis) that regulates the matter and area of advertising in a comprehensive manner, whether it is standard/traditional and/or online/internet advertising (e.g., a specific Law on Advertising). Therefore, the general rules/principles on product and service advertising (prescribed by the legislation on consumer protection) apply as well as laws and bylaws for specific types of products and services which inter alia regulate the advertising of particular products/services in more detail. Furthermore, the general legislation related to advertising currently in force in BiH is mostly outdated and does not explicitly define the matter of online/internet advertising. The said legislation generally regulates advertising over the mainstream and traditional audiovisual media and communications, i.e., TV and radio. In other words, the BiH Law on Consumer Protection (“Law on Consumer Protection”), the FBiH and RS Law on Unallowed Advertising , as well as the FBiH and RS Law on Obligation Relations represent the basis for the general regulation of advertising and to some limited extent to online/internet advertising. Furthermore, mutis mutandis, the BiH Code on Commercial Communications (“Code”) can be applied to internet advertising to a certain degree, especially due to the lack of other relevant legislation. In addition, certain lex specialis and their accompanying by-laws, which regulate specific products or services or specific areas, more precisely regulate the matter of advertising (e.g., pharmaceuticals, politics, religion, weapons, etc.).

The Communications Regulatory Agency of Bosnia and Herzegovina for compliance with Code of Commercial Communications. In addition, relevant competent courts have competence over other relevant legislation.

There are no specific law provisions regulating such advertising. Please refer to the answer under question number 1.

Under the Law on Consumer Protection, an advertiser (if a natural person) and/or advertising agency (if a legal entity) can be held liable for fraudulent and deceptive advertising, unlawful comparative advertising or incorrect advertising. Namely, under the said law, any advertiser actions whose goal is fraudulent advertising, illegal comparative advertising or incorrect adverting will be prohibited by the competent authorities, whereas the said authorities may order a ban on fraudulent advertising, illegal comparative advertising or unfair advertising that have not yet been published, event without the proof of an actual loss or damage or an intent or negligence of advertisers. Furthermore, the competent authorities may request the advertiser to submit a proof of the actual assertions in the advertisement, i.e., the actual assertions may be considered incorrect if the requested evidence has not been provided or is considered insufficient. As a result of such situation, the competent authorities may order a disclosure of (i) a whole or partial decision, and (ii) a corrective statement.

Under the general advertising principles, the BiH legislation does not prohibit adult advertising. However, if the advertisements directly contain any graphic content (imagery) or explicit language or any other content that may be deemed as immoral or contrary to human dignity, then such advertisements may only be displayed from 11:59 p.m. until 6 a.m. the next day. In addition, in relation to the exposure of children (persons under the age of 14) to pornography, the FBiH and RS Criminal Act stipulates that any individual who sells, shows or publicly displays or otherwise makes available to a child documents, images, audiovisual and other items of pornographic content or shows her/him a pornographic performance, will bear criminal liability and sanctions in accordance with the law.

In practice restrictions primarily pertain to access to adult content websites, which are generally secured by a technical barrier such as a barrier page allowing only adults (persons over the age of 18) to enter such websites.

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There are no specific provisions under the BiH legislation in this regard. General advertising rules apply to dating sites as well.

The general advertising principles in BiH do not prescribe particular restrictions on the advertisement of certain types of beverage or beverages classified by alcohol content.

Bearing in mind the general advertising principles under the BiH legislation, the advertising of alcoholic beverages is not prohibited, however such advertisements must not: 

1. be specifically targeted at minors, and the persons involved in consuming the alcoholic beverages must not be minors;
2. connect alcohol consumption with improved physical fitness or operating a motor vehicle; 
3. claim that alcohol has medicinal properties, that it is a stimulant, sedative or an agent for solving personal problems; 
4. encourage excessive alcohol consumption or show abstinence or moderation in a negative light; 
5. emphasize the high alcohol content as a positive property of an alcoholic beverage; or 
6. create the impression that alcohol consumption contributes to social or sexual success.

The general advertising principles in BiH do not prescribe particular restrictions on the advertisement of certain beverages or beverages classified by alcohol content.

The general advertising principles in BiH do not prescribe particular restrictions on the advertisement of certain beverages or beverages classified by alcohol content.

With respect to additional restricted advertising categories, please note that advertising tobacco is strictly regulated in BiH, but advertising electronic cigarettes is not yet regulated within the applicable laws in BiH.

In FBiH, advertising tobacco products in print media, on radio or television, through cinema slides, films, billboards, boards, stickers, and other forms of advertising in public places, on buildings, and means of transport (vehicles) through illuminated advertisements, books, magazines, calendars, or clothing, including the sponsorship of sports, cultural or other public events by a company manufacturing or selling tobacco products is prohibited. 

Publishing information on the quality and other characteristics of tobacco products in professional publications, magazines, and other publications intended exclusively for the manufacturers or sellers of tobacco products is not considered advertising. Displaying signs with the company name is also not considered advertising.  

The information referred to above cannot be published on radio or television, or in publications intended mainly for young people. Even though this is not explicitly stipulated, it can be argued that abovementioned restrictions apply to internet advertising as well.

In RS, advertising tobacco is understood as any form of commercial communication that has the aim of directly or indirectly giving publicity to tobacco products or otherwise promoting them in any way. This also includes advertising other products apart from tobacco if their appearance, logo or purpose encourages the use of tobacco products, which includes displaying the tobacco manufacturer’s name.

Depicting public personalities (political, cultural, sports, music and other) live, on television, in photographs and other media is also considered to constitute tobacco and tobacco-product advertising if tobacco and tobacco products are placed in the background or near the personalities.

Any form of advertising tobacco and tobacco products is prohibited:

1. in print media, such as: newspapers, magazines, books, calendars, and other print media,
2. on radio-shows,
3. on television and in films,
4. through sponsorship, including cultural, sports and other public events,
5. via other media and methods that can be used for advertising purposes, such as billboards, illuminated advertisements, clothing, gifts, coupons, discounts, competitions, or programmes for customers, as well as the free distribution of tobacco products,
6. via internet, posters, stickers, brochures, leaflets, inscriptions on transportation vehicles, point of sale and other places and objects, prize games and games of chance, and all other types of advertising.

In both BiH entities, advertising smoking-cessation products (e.g., nicotine patches and similar products), which are sold without a prescription, is not prohibited under the applicable legislation.

The advertisement of electronic cigarettes is not yet regulated within the applicable laws in BiH.

Under the BiH legislation, it is prohibited to advertise pharmaceutical products and medical devices that are available on medical prescription only.

Under the general advertising principles and the BiH Rulebook on Food for Special Dietary Needs , advertising dietary supplements is generally allowed. When advertising this type of product, the properties of prevention, treatment or treatment of human diseases must not be attributed to these products, nor should the advertisement imply that they have such properties and they must be clearly identifiable as supplements. The advertisements must be fair, true and verifiable, and comply with the rules on the protection of the individual from harmful consequences. 

In relation to the advertisement of vitamins, the restriction on advertising of such products depends on the regulatory status of an individual product and needs to be assessed on a case-by-case basis. The vitamin products/preparations may be classified as dietary supplements or pharmaceutical products depending on their content, i.e., primarily the amount of an active ingredient.

Having in mind the applicable legislation, whether alternative medical treatments can be advertised depends on the regulatory status and classification of specific alternative treatment. 

As a general note, health care institutions in BiH, i.e. privately owned practices that provide professional medical services/treatments/procedures, including those that provide alternative medicine treatments, cannot be subject to advertising. However, they can publicly provide information on the name of their private practice, seat, activities determined by the decision on fulfilling the conditions for performing health care activities, as well as working hours and contact information – this form of providing information to the public is not considered advertising under the applicable legislation. 

Furthermore, advertising health services, professional medical procedures, and methods of health care, including those involving alternative medicine, is prohibited if they are performed in a private practice. 

Under the applicable legislation, counselors (psychologists) and similar non-medical professionals are not restricted in advertising their privately owned practices.

Advertisement of all other mental health professionals is subject to restrictions.

Under the assumption that such procedures would be classified as health services/medical treatments, professional medical procedures and methods of healthcare, then institutions/practices conducting such procedures are prohibited from advertising.

In BiH, the matter of gambling is regulated at the entity level, i.e., at the level of FBiH and RS. Thus, the answers below are provided separately for each of these two administrative units. 

In FBiH, advertisements related to games of chance (in local: “igre na sreću”) may not be broadcast in radio and television shows for children and youth, nor published in printed material and internet portals intended for children and youth. In addition, advertising from all organizers that organize games of chance via the internet is prohibited without prior approval from the FBiH Ministry of Finance.

The sale, holding, transfer, issuance, advertising and any other presentation of foreign lotteries and tickets for games of chance on the territory of the FBiH is prohibited, however, the BiH Lottery (national state-owned lottery) may organize games of chance in cooperation with lotteries of other states, other entities, as well as with other specialized organizations with the consent of the FBiH Ministry of Finance.

Please note that there is no website where the licences/permits/authorizations can be verified; however, a notification on approvals issued to entities that are allowed to organize games of chance via the internet in FBiH can be accessed here.

Please note that, pursuant to unofficial information, a draft of the new Law on Games of Chance in FBiH is being prepared; however, there is no official information on the expected date of adoption.

In RS, advertisements related to games of chance may not be broadcast in radio and television shows for children and youth, nor published in printed material and internet portals intended for children and youth.

In RS, it is explicitly stipulated that advertising of an organizer of games of chance is prohibited if the entity to which the advertising relates does not have a license for organizing games of chance.

In addition, the sale, holding, transfer, issuance, advertising and any other presentation of foreign lotteries and tickets for games of chance on the territory of the RS is prohibited.

The registry of organizers of games of chance in RS can be accessed here.

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There is no clear and explicit prohibition on such advertisements and no specific rules for state-owned lotteries are prescribed, therefore, general rules for advertising apply.

Please note that according to online information from the state-owned lottery for FBIH (“Lutrija BiH”), this lottery has adopted the Code of Responsible Advertising and according to information available on the FBiH Lottery’s website, the Code is related to access to media and players, trust, persuasion, accurate and inaccurate data, vulnerable groups, minors, youth and advertising, encouragement, the impact of the game on the player, notifications of gambling addictions. It is also stated that communication about games of chance will not be directed towards minors and vulnerable social groups, and that the Lottery of BiH undertakes not to lead players to unrealistic expectations. However, this document is not publicly available at this time.

In addition, the state-owned lottery in RS (“Lutrija Republike Srpske”) in their internal act, titled Socially Responsible Gambling, states that the RS Lottery does not direct its promotional activities towards minors, nor towards vulnerable social groups. In order to clearly promote responsible playing of the RS Lottery, sign 18+ is indicated on promotional materials which clearly declares a ban on minors playing. Also, RS Lottery advertising messages are created so that current or potential players do not have unrealistic expectations.

In general, advertising of the aforementioned financial products or services is not prohibited in BiH provided both the general advertising principles as regulated under the Law on Consumer Protection are complied with as well as the special rules governing the specific financial product/service involved.  

Therefore, depending on the product/service, these rules can include, but are not limited to, both banking regulations as supervised by the FBiH/RS Banking Agencies on advertising banking products and services, and insurance regulations as supervised by the FBiH and RS Insurance Agencies in respect of insurance products.  

Advertising of stocks and bonds is subject to other specific rules relating to securities markets and financial instruments in general. Public invitations or offerings of securities are heavily monitored by the competent securities’ markets regulators who are entrusted with wide discretionary powers in supervising any dealings with securities and related products. For example, promotions of public offerings are regulated by a strict set of rules and prior notification requirements. 

As well as the above, provided the prescribed conditions are met (e.g., amount of loan, type of product covered), legislation governing protection of consumers of financial services may also apply.  

Finally, as a practical note, the local financial services and products market also includes financial and operative leasing products, microcredit products as well as factoring services that are popular amongst consumers and these are both in general, and in terms of lawful advertising, also regulated by separate regulations. 

There are no specific rules regarding advertising travel in BiH, but as a general rule, a tourism service provider/travel agency is obliged to,  visibly indicate the business name, registered seat, and the identification number in advertising and promotional materials as well as in all business documents.

There are no specific law provisions prohibiting such advertisements, therefore, the general advertising principles apply.

There are no specific law provisions prohibiting such advertisements, therefore, the general advertising principles apply.

There are no specific law provisions prohibiting such advertisements, thus, the general advertising principles apply.

Paid political advertising in BiH is allowed only during the election campaign. In other words, paid political advertising is allowed in the period from the day the official election campaign starts until the beginning of the election silence, i.e., in the period of 30 days before the day of the election. Whether certain issue-based advertising will be deemed political advertising is not explicitly regulated, therefore this mainly depends on the opinion of the competent authorities and it must be assessed on a case-by-case basis. In general, in the period from the day the elections are announced to the day the election campaign officially starts, paid political advertising through the media or any form of paid public advertising is prohibited, except paid political advertising regarding holding of internal meeting of bodies and statutory bodies of political subjects (such as general assembly, conventions, congress, etc.). Additional rules in relation to political advertising also apply such as the right of electronic media to refuse to publish an advertisement if it degrades, intimidates or incites hatred, violence or discrimination against a person or group on the grounds of sex, race, ethnicity, nationality, religion or belief, disability, special needs, age, sexual orientation, social origin or any other circumstances which have the purpose or consequence of preventing or endangering any person's recognition, enjoyment or exercise on an equal basis of his or her rights and freedoms.

As a general rule under the applicable legislation, advertisements directed to end users/consumers must be in one of the languages in official use in BiH (i.e., Croatian, Bosnian and Serbian). Exceptionally, slogans, trademark product/service names and similar  may be in another language, as may be the textual element of advertisements.

What constitutes a slogan or trademark product/service name is not explicitly regulated; therefore this mainly depends on the opinion of the competent authorities and must be assessed on a case-by-case basis.

If the ads intended for the BiH market are displayed in a different language or the website to which the ad link leads is in a different language, it can be reasonably concluded that the consumer willingly agreed and used the different language or that the specific ad (since in different language) is not primarily focused to the BiH market but to the Global market as a whole, thus, we are of opinion that the local language restriction would not apply in this instance.