Expert Guide to advertising regulations in Bulgaria

  1. Chapter 1: The framework boiled down
  2. 1. What are the relevant laws which regulate advertisement in your country?
  3. 2. Which are the competent bodies to decide on the compliance with the local legislation on advertisement?
  4. 3. Regulation of advertising via social media and influencers?
  5. 4. What are the legal consequences (e.g. penalties) for non-compliance with the local legislation on advertisement?
  6. Chapter 2: Specific limitations
  7. 1. Is adult content advertising allowed?
    1. 1.1 Adult content
    2. 1.2 Pleasure products
    3. 1.3 Dating websites/mobile applications
  8. 2. Is alcohol advertising allowed?
    1. 2.1 Beer
    2. 2.2 Spirits
    3. 2.3 Wine
  9. 3. Is tobacco advertising allowed?
    1. 3.1 Cigarettes
    2. 3.2 Electronic devices for smoking and supplements (such as tobacco sticks etc.)
  10. 4. Is healthcare products advertising allowed?
    1. 4.1 Prescription medication
    2. 4.2 Supplements/vitamins
    3. 4.3 Alternative medical treatments (such as chiropractic, cupping, acupuncture, massage, etc.)
    4. 4.4 Advertisements for mental health professionals (such as counselors, psychiatrist etc.)
    5. 4.5 Cosmetic surgery/procedures (such as cool sculpting, botox, rhinoplasty, breast augmentation, etc.)
  11. 5. Is gambling advertising allowed?
    1. 5.1 Online gambling
    2. 5.2 Betting
    3. 5.3 Are state-run lotteries allowed?
  12. 6. Is financial services advertising allowed?
    1. 6.1 Banks (incl. bank accounts), credit and debit card services, insurances etc.
  13. 7. Is travel services advertising allowed?
    1. 7.1 Transportation
    2. 7.2 Airbnb and similar home sharing/renting sites 
    3. 7.3 Concerts and other live events such as musicals, or sports games
  14. 8. Is politically-related advertising allowed?
    1. 8.1 Issue-based advertising
  15. 9. Is it obligatory to use the official language in advertising?

Chapter 1: The framework boiled down

1. What are the relevant laws which regulate advertisement in your country?

  • Protection of Competition Act;
  • Consumer Protection Act; 
  • Health Law;
  • Regulation (EU) 2017/2394; 
  • Act on Tobacco and on Tobacco and Related Products
  • Gambling Act   
  • Election Code
  • Ordinance no 1 of 25 January 2012 for the requirements on advertising medications and medical products 
  • F5National Ethical Standards for Advertising and Commercial Communication in Bulgaria

2. Which are the competent bodies to decide on the compliance with the local legislation on advertisement?

  • Commission for Protection of Competition / Consumer Protection Commission
  • National Council for Self-regulation

3. Regulation of advertising via social media and influencers?

National Ethical Standards for Advertising and Commercial Communication in Bulgaria.

Administrative measures and/or fines.


Chapter 2: Specific limitations

1. Is adult content advertising allowed?

1.1 Adult content

Partially.

Commercial Communications about activities which are usually associated with adults are, generally speaking, not prohibited. However, there are some points that should be borne in mind for these advertisements. For instance, the advertisements should not contradict the principle of morality, e.g. by broadcasting inappropriate content. Likewise, as per the laws of Bulgaria, the dissemination of pornographic content, in any form, is now allowed. The rationale for this is the potential negative outcomes for the minors as well as the dignity of the people involved in the advertisement. 

1.2 Pleasure products

N/A

1.3 Dating websites/mobile applications

Partially.

The above applies for online dating sites. Generally speaking, should the Commercial Communication be appropriate without showing anything contradicting the principle of morality, it will be allowed.  

2. Is alcohol advertising allowed?

2.1 Beer

Yes.

2.2 Spirits

Partially.

Spirit drinks are products with an alcohol content above 15% ABV. Advertising beverages is allowed, however certain ethical rules must be complied with. Commercial communications should not encourage or condone excessive or irresponsible consumption, nor present abstinence or moderation in a negative way. Advertisements should not be aimed at minors nor show minors consuming beverages. Commercial Communication should only promote beverages in print and broadcast media for which at least 70% of the audience are reasonably expected to be adult 18 years or older. They should not promote beverages in print and broadcast media, or events for which more than 30% of the audience is known or reasonably expected to be minors. Finally, Commercial Communications should not create the impression that consumption of beverages enhances mental ability or physical performance or has an energizing effect, e.g. when engaging in activities requiring concentration in order to be safely executed

2.3 Wine

Yes.

3. Is tobacco advertising allowed?

3.1 Cigarettes

No.

The general rule is that Commercial Communication about tobacco is prohibited. However, there are some exceptions to this rule. For example, Commercial Communication about tobacco is allowed if the advertisement is on the territory of the producer. Moreover, the advertisement will be allowed if it neither involves minors nor targets them or their attention. 

3.2 Electronic devices for smoking and supplements (such as tobacco sticks etc.)

No.

Тhe same applies to electronic smoking devices. 

4. Is healthcare products advertising allowed?

4.1 Prescription medication

Partially.

Products, requiring medical prescription can only be advertised to medical practitioners. 

4.2 Supplements/vitamins

Yes.

Accordingly, there are strict rules that should be complied with. Pharmaceutical companies work with several target audiences, including doctors, end users – patients. The Advertising Agency monitors and controls the advertising of medications. Thus, for an advertisement to be broadcast, it needs to be approved by the Advertising Agency first. Only medications that do not require medical prescription can be advertised, in other words, OTC – Over-the-counter – products. 

4.3 Alternative medical treatments (such as chiropractic, cupping, acupuncture, massage, etc.)

N/A

4.4 Advertisements for mental health professionals (such as counselors, psychiatrist etc.)

N/A

4.5 Cosmetic surgery/procedures (such as cool sculpting, botox, rhinoplasty, breast augmentation, etc.)

N/A

5. Is gambling advertising allowed?

5.1 Online gambling

Partially.

The advertising of gambling activities is prohibited, however raising awareness of the name of the operator, name of the games, the outcomes of the games, possible winnings, and withdrawals are allowed. These are seen as indirect advertisement. Moreover, these advertisements must not encourage minors to participate in gambling or show minors in the act of gambling. No use may be made of representations or claims that especially appeal to minors. Commercial communication about gambling should also not be conveyed by media, the majority of whose content addresses minors. It should not also suggest that gambling can counter mental disorders and/or psychosocial conflicts, in particular fear or loneliness. 

5.2 Betting

Partially

5.3 Are state-run lotteries allowed?

No.

In terms of lotteries, it is worth mentioning that the Bulgarian parliament has backed a ban on private lotteries. Accordingly, the same rules apply as for state-run lotteries. 

6. Is financial services advertising allowed?

6.1 Banks (incl. bank accounts), credit and debit card services, insurances etc.

Yes.

7. Is travel services advertising allowed?

7.1 Transportation

Yes.

7.2 Airbnb and similar home sharing/renting sites 

Yes.

7.3 Concerts and other live events such as musicals, or sports games

Yes.

8.1 Issue-based advertising

Partially.

The depiction of political figures such as the President and the Prime minister is prohibited in commercial advertisements. Moreover, no issue-based advertising is allowed for 24 hours before election day. 

9. Is it obligatory to use the official language in advertising?

Yes.

Commercial Communications targeting the population of Bulgaria should be in the Bulgarian language. However, if the advertisements focus on foreigners, foreign languages may be used so that the advertisement can convey its message to its audience. 

Portrait ofAntonia Kehayova
Antonia Kehayova
Counsel
Sofia