Expert Guide to advertising regulations in Montenegro

Montenegro does not have a systemic law that regulates advertising in general. The only general advertising law is the Illicit Advertising Act (“IAA”) that bans misleading advertising and forbidden comparative advertising. Certain rules on advertising are also contained in the Montenegrin Electronic Media Act (“EMA”). Although the EMA applies to broadcasters of TV and radio programmes and not to internet webcasting it seems appropriate to apply EMA rules to online broadcasting as well (e.g. protection of minors).

In general, various inspectorates and misdemeanor courts are responsible for ensuring compliance with the advertising rules set out in the consumer legislation. On the other hand, the primary focus of the IAA is to provide protection in B2B transactions.

N/A

Breaches of advertising rules against consumers are qualified as a misdemeanor. Competent courts in Montenegro may impose fines to undertakings starting from EUR 700 up to EUR 10,000. Misdemeanor courts may also prohibit a company or entrepreneur from conducting certain business activities for a period between two and six months.

Partially.

The EMA forbids TV and radio broadcasters from broadcasting pornographic content; while for broadcasting programmes containing pornography a legal entity may be fined in the amount of 500 up to 6,000 EUR.

Advertising of pornographic content as such – offline or online – is not explicitly regulated. Following EMA rules, it should be concluded that advertising pornographic content on TV and radio is forbidden. Online advertising of pornographic content should not be considered expressly forbidden; however, such advertising would need to be compliant with the general advertising rules.

Under the EMA, the broadcasters are generally obliged to protect the integrity of minors. That means, the broadcasters are obliged to publish an audible and visual warning for program contents that may endanger the physical, health, moral, mental, intellectual, emotional, and social development of minors and clearly mark such programmes with a visual symbol throughout its duration and broadcast those programmes at a time and in a manner that minors are least likely to hear or see under normal circumstances. The broadcaster may only make a service that may impair the physical, mental, or moral development of a minor available in a manner that ensures that minors will not normally hear or see such a service. Also, commercial audiovisual communications are prohibited from causing material or non-material damage to minors, directly encouraging minors from buying or renting products or services, taking advantage of their inexperience or gullibility, directly encouraging minors to persuade parents or others to buy advertised goods or services, exploiting the trust that minors have in their parents, teachers, or other persons, unnecessarily portraying the minors in dangerous situations. Although EMA applies to radio and TV broadcasters, as mentioned above, we believe that these measures to protect minors should be observed for all advertising, including online advertising.

The Montenegrin Criminal Code (“CC”) also sets forth a criminal offence “Child Pornography” that the ad content and targeting should be aware of:

Whoever sells, presents, displays or publicly displays to a child, pornographic content or shows him/her a pornographic performance , whoever incites or uses a child for the production of images, audiovisual or other objects of pornographic content, will be punished by imprisonment ( Same is true for persons who unauthorizedly record, produce, offer, make available, distribute, import, export, procure for themselves or others possess etc images, audiovisual or other objects with pornographic content (child pornography).

There is no specific regulation of pleasure products in Montenegrin law. However, rules for adult content advertising should apply.

There is no specific regulation of dating websites in Montenegrin law. However, rules for adult content advertising should apply in case of dating ads.

Yes.

Advertising alcoholic beverages is generally permitted subject to the following conditions:

1. they must not create the impression that consuming alcohol can improve one’s physical condition or driving ability;
2. they must not give the impression that the consumption of alcohol contributes to social or sexual success;
3. they must not claim that alcohol has medicinal properties or that it is a stimulant, sedative, or a means of solving personal problems;
4. they must not encourage excessive alcohol consumption or show abstinence or moderation in a negative sense;
5. they must not point to the high percentage of alcohol as a positive trait of the drink.

Alcoholic beverage ads must target minors or encourage them to consume alcoholic drinks. A fine in the amount of 500 up to 6,000 EUR will be imposed on a legal entity for non-compliance with the above-stated rules.

Yes.

Same as above.

Yes.

Same as above.

No.

Advertising tobacco products, electronic cigarettes, refill containers, and similar tobacco products, to covertly or openly encourage its use, via the Internet, information society services, printed and other publications, radio, and television advertising, through cinema slides, films, billboards and other forms of advertising in public places, buildings, and means of transport, as well as through illuminated advertisements, books, magazines, calendars, clothing, stickers, posters, and leaflets (if these stickers, posters, and leaflets are separate from their original packaging) is prohibited.

Similarly, products that are not tobacco products but whose appearance, name, and purpose directly encourage the use of tobacco products may not be advertised. It is also prohibited to give free tobacco products, as well as electronic cigarettes and refill containers, for advertising purposes or to sponsor events or activities of an international character to covertly or openly encourage their use. Any direct and indirect commercial notification of tobacco products is prohibited too.

No.

Same as above.

No.

Montenegrin pharma laws do not allow prescription-only medicine to be advertised to the general public. Prescription-only medicines can only be advertised to healthcare professionals (as well as in in professional literature, at professional and scientific conferences, etc.).

Yes.

There are no restrictions on advertising weight-loss supplements or dietary plans. 

No.

Under the EMA, commercial audiovisual communications that promote procedures and methods of treatment that are not in accordance with a special law governing health care are prohibited. Advertising is not restricted as long as it complies with the general rules on the prohibition of misleading advertising as well the rules of Montenegrin Law on Healthcare. 

No.

According to the Montenegrin Law on Healthcare, health institutions, health workers and health associates, as well as other legal and natural persons, may generally not advertise medical methods and procedures in the media or on any other carrier of the advertising message. Additionally, health care professionals may advertise only their name, business activity, address and telephone number as well as working hours.

No.

According to the Montenegrin Law on Healthcare, health institutions, health workers and health associates, as well as other legal and natural persons, may generally not advertise medical methods and procedures in the media or on any other carrier of the advertising message. Therefore, this applies to the listed services.

Gambling is not explicitly regulated, i.e. forbidden, and should therefore be allowed. General rules on advertising (from the IAA and the rules on the protection of minors from the EMA) should, however, be observed.
As a general remark, we point out that the Montenegrin Games of Chance Act (“GCA”) dates back to 2004 (amended several times since then) and is considered to be largely outdated. This also holds true for the advertising of games of chance, which is not explicitly regulated in the GCA. However, the Government of Montenegro has recently produced the Draft Law on Games of Chance and Prize Games which is expected to deal with this issue.

Same as above.

Yes.

Not explicitly regulated, i.e. it is not forbidden and should therefore be allowed.

Yes.

According to the Montenegrin Law on Financial Services, Financial services must be advertised clearly and understandably, and advertising may not use inaccurate and untrue data, nor data that may mislead the average user, nor use information that may create a misconception about the terms of service and mislead users, nor use data that is harmful or is likely to harm another service provider.

Yes.

There are no provisions in Montenegro prohibiting such advertisements - the general rules on advertising apply.

Yes.

There are no provisions in Montenegro prohibiting such advertisements - the general rules on advertising apply.

Yes.

There are no provisions in Montenegro prohibiting such advertisements - the general rules on advertising apply.

There are no specific restrictions related to issue-based advertising, however 15 days before the day of the elections, broadcast services and other media are not allowed to publish the results of public opinion polls, other research and analysis regarding the choice of voters to evaluate the election results.

On election day, during the voting period, no one is allowed to publish an assessment of the voting results in broadcast services and other media.

In general, advertisements targeting Montenegrin customers should be in the Montenegrin language. However, if the advertisement is not only targeting local users but foreign users as well, other languages may also be used but only in addition to Montenegrin. Also, the EMA provides that broadcasters are obliged to broadcast radio or television programmes in the Montenegrin language or another language in official use, except i) if films and other audio and audiovisual works are published in their original form; ii) if musical works are published with lyrics that are partly or entirely in a foreign language; iii) if the programmes are partially or entirely intended for learning a foreign language and script. Also, the use of the Montenegrin language is not mandatory in programmes intended for members of a minority people and other minority national communities.