Expert Guide to advertising regulations in North Macedonia

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

  • Law on Audio and Audio-Visual Media Services;
  • Law on E-Commerce;
  • Consumer Protection Law;
  • Law on Medicines and Medical Devices;
  • Law on Complementary and Alternative Medicine;
  • Law on Games of Chance;
  • Law on Weapons;
  • Law on Protection from Smoking;
  • Law on Tobacco, Tobacco Products and related products; 
  • Election Law; and
  • Law on Food Safety.

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

  • Audio and Audio-Visual Media Services Agency;
  • Ministry of Economy;
  • Ministry of Information Society;
  • Electronic Communications Agency;
  • Medicines and Medical Devices Agency;
  • Ministry of Health;
  • Public Revenue Office;
  • Ministry of Internal Affairs;
  • State Market Inspectorate; 
  • State Sanitary and Health Inspectorate;
  • Ministry of Agriculture;
  • Food and Veterinary Agency.

3. Regulation of advertising via social media and influencers?

There is no specific regulation on this matter. General advertisement rules apply.

Fees between EUR 500-10,000 (per offence) for the legal entity, as well as fees for the authorized person of the legal entity. Additionally, a temporary ban on business activity and criminal proceedings could apply.


Chapter 2: Specific limitations

1. Is adult content advertising allowed?

1.1 Adult content

Partially.

As a general rule, based on the Law on Audio and Audio-Visual Media Services, ads that contain adult/pornographic content are prohibited.

1.2 Pleasure products

Yes.

There are no specific provisions in Macedonian law that would regulate the advertising of pleasure products.

1.3 Dating websites/mobile applications

Yes.

There are no specific provisions in Macedonian law that would regulate the advertising of dating websites. 

2. Is alcohol advertising allowed?

2.1 Beer

Yes.

Advertising alcoholic beverages is generally not allowed, but an exception is made for beer and wine. Such advertisement should not:

  • be addressed to minors, and especially should not present images of minors drinking alcoholic beverages; 
  • link the consuming of alcoholic beverages with improved physical performance or driving ability; 
  • express or imply that consuming alcohol would bring social or sexual success; 
  • express that wine or beer could have therapeutical, stimulative, or sedative characteristics; 
  • promote unrestricted consumption and/or present alcohol abstinence in negative light; or
  • imply that a high alcohol percentage is proof of the quality of a drink.

2.2 Spirits

No.

2.3 Wine

No.

3. Is tobacco advertising allowed?

3.1 Cigarettes

No.

Advertising of tobacco products or the tobacco industry in any form, directly or indirectly, externally, or internally, is forbidden.

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

Not clearly regulated.

4. Is healthcare products advertising allowed?

4.1 Prescription medication

No.

There is a ban on advertising prescription medication to the general public according to the Law on Medicines and Medical Devices. 

Additionally, according to the relevant law, it is forbidden to:

  • publicly advertise a drug by attributing features it lacks;
  • overemphasize a drug’s positive effects;
  • exaggerate the description of the effects of the drug in an inappropriate way; and
  • compare a drug with other drugs or otherwise mislead the user of the drug.

4.2 Supplements/vitamins

Yes.

The advertising of supplements/vitamins is not strictly regulated. However, bearing in mind that advertising dietary supplements is generally allowed, it may be argued that advertising supplements/vitamins is allowed.

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

Partially.

According to the Law on Complementary and Alternative Medicine, CAM methods are chiropractic, acupuncture, quant mechanic, phytotherapy, homeopathy, cupping, etc. According to the Law, the legal entity that would advertise its CAM methods or procedures can publish its contact data and information on CAM methods and procedures on its web page, in the mass media or other public media. However, as a general rule, such advertising should not be misleading. 

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

No.

As a general rule, according to the Ethical Codex applicable for health professionals, mental health professionals such as counselors/psychiatrists may provide information on their activities (informational data) but should not use advertising for commercial purposes. For this reason, individual advertisements for mental health professionals should be analyzed on a case-by-case basis.

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

Partially.

All of the relevant abovementioned recommendations for advertising medical products are applicable. 

5. Is gambling advertising allowed?

5.1 Online gambling

Partially.

Generally, ads for online gambling are permitted, but the following are not allowed:

  • advertising of foreign lottery tickets, tombola cards, slips, tickets, electronic cards, etc.;
  • advertisements that promotes games of chance as a manner of achieving social acceptance, gaining personal or financial success, or solving economic, social or personal problems; 
  • advertisements that contain well-known people suggesting that the online games of chance have contributed to their success; 
  • advertisements that encourage minors to participate in online games of chance; and 
  • advertisements that surpasses the limits of decency.

5.2 Betting

Partially.

Please see answer above.

5.3 Are state-run lotteries allowed?

Partially.

There is no strict relevant provision for this, but there is practice of publishing such ads in N. Macedonia. Also, all of the abovementioned rules are applicable.

6. Is financial services advertising allowed?

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

Yes.

For Consumer Loan Agreements, any advertising concerning consumer loan agreements that indicates an interest rate or any data relating to the cost of the credit must clarify this clearly, concisely, and prominently by means of a representative example.

7. Is travel services advertising allowed?

7.1 Transportation

Yes.

There are no Macedonian law provisions prohibiting such advertisements. However, the general advertising rules apply.

7.2 Airbnb and similar home sharing/renting sites 

Yes.

There are no Macedonian law provisions prohibiting such advertisements. However, the general advertising rules apply.

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

Yes.

There are no Macedonian law provisions prohibiting such advertisements. However, the general advertising rules apply.

8.1 Issue-based advertising

Partially.

In general, the provisions of Macedonian law do not restrict issue-based advertising. However, according to Macedonian Election Law, political advertising is prohibited from the day the election date is announced until to the date the electoral advertising process begins. Political advertising is also prohibited during the “pre-election silence period” (24 hours before and on election day). Paid political advertisement should be clearly marked as such (“PPA”, paid political advertisement).

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

N/A

In general, the Macedonian legislation requires businesses to communicate with Macedonian consumers in the national and official language (Macedonian). However, under certain conditions, Albanian could also be treated as official language. This also applies to the practice of advertising. 

Portrait ofMarija Filipovska
Marija Filipovska Jelčić
Partner
Skopje
Zlatko Kujundjiski