Expert Guide to advertising regulations in Serbia

Serbia has an Advertising Act ("AA") that regulates various forms of commercial advertising, regardless of the medium used including print, online, and outdoor advertising. Certain rules on advertising are also contained in the Serbian 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. protections of minors).

The authorities responsible for ensuring compliance with the advertising rules are the Ministry of Trade, the Agency for Medicines and Medical Devices, and also local municipalities, who have certain competencies mostly in the field of consumer protection that are carried out through their own local inspection services. As for advertising on television and radio, the Republic Broadcasting Agency (Republićka radiodifuzna agencija or RRA)  is responsible for ensuring that the broadcasters meet various advertising standards. The RRA has published a self-regulatory Code of Conduct for Emitters, which establishes principles for TV and radio broadcasting.

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Breaches of advertising rules are qualified as a misdemeanor. Competent courts in Serbia may impose fines on companies starting from 300,000.00 RSD (approx. EUR 2,500) and reaching up to 2,000,000.00 RSD (approx. EUR 17,000) but also on the representatives, entrepreneurs, and public officials responsible from 50,000.00 RSD (approx. EUR 425) up to 150,000.00 RSD (approx. EUR 1,250). The Misdemeanor Court may also prohibit a company or entrepreneur from conducting certain business activities for up to one year, or bar a manager from holding the managerial position for up to one year.

Partially.

As a general rule stipulated in AA, ads that contain adult/pornographic content are prohibited – this type of advertising is allowed in pornographic publications (newspapers and magazines) (Serbian: „pornografska javna glasila“) only. 

Ads that do not contain adult/pornographic content, but which make a reference to pornography (hot-line, advertising of adult publications and movies, etc.) are generally prohibited. However, between 12 AM and 5 AM this kind of advertising is allowed on radio and TV only, as well as in adult newsletters (without any applicable restrictions). This exception, however, is not applicable to TV/radio programmes intended for children and minors or TV/radio programmes during the aforementioned period (between 12 AM and 5 AM).

Please note that the Criminal Code (“CC”) is applicable (Art. 185 “Exhibition, Procurement and Possession of Pornographic Materials and Exploiting Minors for Pornography”) to the extent that:

1. Whoever sells, shows or publicly displays or otherwise makes available texts, images, audio-visual or other items of pornographic content to a minor or shows to a minor a pornographic performance, will be punished with a fine or imprisonment of up to six months.
2. Where the offence referred to in paragraphs 1 and 2 of this Article was committed against a child, the offender will be punished for the offence referred to in paragraph 1 with imprisonment of from six months to three years, and for the offence referred to in paragraph 2 of this Article with imprisonment from one to eight years. 
3. Whoever obtains for themselves, possesses, sells, exhibits privately or publicly, or electronically or otherwise makes available pictures, audio-visual or other items of pornographic content resulting from the abuse of minors, shall be punished with imprisonment of between three months and five years.

Please note that the AA is silent on possibility of advertising adult content online (as described in previous two paragraphs). Given that for some other cases of advertising the lawmaker explicitly stipulated the possibility of online advertising (e.g. online advertising of <<20% alcoholic beverages is explicitly allowed, as described in chapter B. Alcohol), it should be analyzed thoroughly in liaison with the competent regulators whether at least some ads that include reference to adult content might be  allowed.

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Partially.

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

Yes.

Advertising of alcoholic beverages is generally allowed only under certain conditions. Advertising Alcoholic beverages with alcohol content less than 20% (most beers would fall into this category) is allowed under the following conditions:

• When advertising in a public space, the advertisement must be at least 100 meters as the crow flies from the nearest preschool, school, health or institution intended for minors;
• through electronic media, in cinemas, theatres or other spaces where performances take place, in the period from 18:00 to 06:00, unless they are thematically or specifically intended for children or minors; 
• freely on means of transport (company cars, trucks), except for public transport (busses, trams, taxis, etc.);
• freely in connection with and at sporting events;
• freely through internet advertising.

It must be noted that advertisements must not:

• show excessive use of alcoholic beverages, or show persons who are under the influence of alcohol;
• include statements that an intoxicated state is acceptable, or show abstinence from drinking or drinking in moderation in a negative light;
• be directed, directly or indirectly, at children or minors, or show children or minors in the context of the use of alcoholic beverages;
• link the use of alcoholic beverages with improved physical condition or driving ability;
• allege or associate violent, aggressive, illegal, dangerous or other anti-social behavior;
• associate the use of alcohol with courage, or create the impression that the use of alcoholic beverages contributes to social or sexual success;
• show pregnant women, or connect pregnancy or motherhood with alcohol use;
• connect alcohol use with a healthy lifestyle;
• emphasize the high percentage of alcohol as a positive property of alcoholic beverages;
• contain a claim that an alcoholic beverage has a therapeutic effect or that it is a stimulant, sedative or a means of resolving conflict situations. 

Brand advertising is not explicitly regulated.  However, it is recommended that the aforementioned restrictions for alcoholic beverage advertisements (beer and wine only) to apply for brand advertisements. Considering the specifics of the matter, it is advisable to seek specific advice for each brand advertised. 

Any advertisement for alcoholic beverages must also contain a warning message referring to the ban on the sale and serving of alcoholic beverages to children or minors.

Any advertisement for an alcoholic beverage must contain a warning about the responsible use of alcoholic beverages.
Any advertisement will be deemed to contain a warning message and warning on responsible use of alcoholic beverages if it contains the appropriate sign prohibiting the sale and serving of alcoholic beverages to children or minors and the appropriate sign for the responsible use of alcohol.

It is allowed to advertise alcoholic beverages in the print media, unless they are targeted or thematically intended for children or minors.

Partially.

Alcoholic beverages containing more than 20% alcohol must follow the rules for advertising alcoholic beverages stated above and must furthermore observe an additional rule:

Advertising these alcoholic beverages with an alcohol content of more than 20% is only allowed in electronic media from 23:00 to 06:00 each day.

Partially.

The same as beer, unless Wine has more than 20% alcohol in which case, the same as spirits.

No.

Advertising tobacco and derivative products in Serbia is prohibited, this includes displaying trademarks and/or other designation of such products. 

It is prohibited to actively show smoking or any similar acts, including the simulation of smoking, and/or use of tobacco products and tobacco smoke in advertisements. 

Prohibitions and restrictions prescribed by the AA on advertising tobacco products do not apply to advertisements made for the purpose of preventing smoking and the use of tobacco products or preventing exposure to tobacco smoke, including that of quitting aids, in which case trademarks or other designations of manufacturers of tobacco products are not allowed to be shown.

No.

Advertising electronic cigarettes, liquids, and parts for electronic cigarettes, as well as of other products which, by their function, represent a substitute for cigarettes or other tobacco products including the device itself is covered by the rules on advertising tobacco products.

No.

Under the Serbian laws regarding medicines and medical devices, prescription-only medicines cannot be advertised to the general public. Prescription-only medicines may be advertised exclusively to healthcare professionals.

Yes.

There are no restrictions on advertising weight-loss supplements or similar products. 

Yes.

Advertising is not restricted as long as it complies with the general rules on the prohibition of misleading advertising.

No.

According to the Code of Professional Ethics of the Serbian Medical Chamber, any direct or indirect advertisement or publicity, whose nature is not to educate inform or protect the public, is strictly prohibited. 

When it comes to counsellors, such as psychologists, the Code of Ethics of Serbian Psychologists sets forth that announcements made by its members be restricted to providing information, i.e. that they should refrain from any kind of self-evaluation.

Yes.

Serbian law approves public and private healthcare institutions to advertise healthcare services, expert-medical procedures, and methods of healthcare protection in accordance with the registration licence issued by the Ministry of Health, as well as contact details, with the aim of providing patients with any necessary information.

Advertising games of chance in Serbia is allowed but under certain circumstances and depending on the type of games of chance in question. Advertising classic and special games of chance may be done with respect to the following rules:

• When advertising in a public space, the advertisement must be at least 100 meters as the crow flies from the nearest preschool, school, health or institution intended for minors;
• Advertising on websites that are thematically or specifically intended for children or minors is forbidden;
• Advertising in radio and television shows intended for children or minors, or in the print media intended for children is forbidden;
• It is prohibited to advertise lottery tickets and tickets that cannot be sold, assigned, issued or presented in any other way on the territory of the Republic of Serbia in accordance with the law governing games of chance;
• It is forbidden to advertise games of chance if the organizer has not obtained the consent, approval or permission of the competent body for organizing games of chance (required licences and permissions).
• Classic and special games of chance may be advertised via electronic media, as well as in cinemas, theatres or other spaces where performances take place, unless the programme/content is thematically or specifically intended for children or minors.
• Advertisements must not contain unfounded statements about the chances of winning or income that participants can expect in games of chance;
• Advertisements must not suggest that skill can influence the outcome of the game if it not the case;
• Advertisements must not  exert special pressure on people to participate in games of chance or belittle non-participation (encouraging participants in games of chance to recoup losses, etc.);
• Advertisements must not represent participation in games of chance as socially desirable or connect participation in games of chance with success or position in society;
• Advertisements must not suggest that participation in games of chance may be a way of solving social, professional or personal problems;
• Advertisements must not suggest that participation in games of chance may be a substitute for employment, a solution to financial problems or a financial investment.

Advertising of classic and special games of chance must contain a warning about the prohibition of the participation of children or minors.

When advertising classic and special games of chance it is important not to:

1. exploit 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. link participation in games of chance with activities intended for children or minors or the acquisition of maturity and similar themes.

Incentives for participation in games of chance (free credits, bonuses or other means for participation in games of chance offered to participants free of charge), must clearly state the rules for using the sales incentive, and especially the conditions that the participants must meet in order to use the sales incentive.
Advertising prize games that are not games of chance (quizzes of knowledge, skills, auctions, etc.) is allowed, provided that the organizer clearly points out the rules of the game, type and number of prizes and any hidden costs or tariffs – i.e. any hidden tariff such as costs of call to enter into prize event must  be clearly and legibly marked and show the total price of that service (call establishment and tariffing per minute, etc.).

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Yes.

Advertising of games of chance is allowed but it is subject to the issuance of a valid permit for organizing a particular (in this case – advertised) game of chance, which is issued by the Government of the Republic of Serbia. 

Financial services have to be advertised in a clear and understandable manner, and advertising must not contain false or incorrect information and/or information regarding the terms under which the consumer uses financial services which can mislead that user.

When advertising deposit and loan services and leasing operations where the advertising message indicates an interest rate or any figures relating to the price or income, the bank and the lessor must specify clearly and precisely by means of a representative example:

• the type of deposit/loan/leasing object;
• the level and variability of the annual nominal interest rate;
• the effective interest rate
• the currency in which the deposit/credit/leasing is agreed;
• the period for which the deposit/credit/leasing is agreed;
• the criteria for deposit/loan/leasing indexation;
• the total amount of deposit/loan; and
• all costs payable by the consumer.

In advertisements for leasing, in addition to the information referred to in the first paragraph, the lessor must also specify the following information:

• gross purchase value of the leasing object, the amount of up-front payment and the amount of net financing;
• number and amount of rental instalments, as well as the period in which instalments are due (monthly, quarterly, etc). When advertising a loan, overdraft, credit card or leasing with a nominal interest rate of 0%, all conditions under which the service is approved must be indicated.

When advertising, it is prohibited to use terms that credit, overdraft, credit card or leasing are marked free of charge or similar expressions if the approval of that service is conditioned by the conclusion of another contract or is conditioned by anything that represents a cost for user or presents any kind of obligation.

In electronic media, the advertising message must be broadcast for a duration that is sufficient for the average user to read or hear its content without interruption.

In the case of internet advertising which is done through images with or without sound or through sound, the advertising message must be broadcast for a duration that is sufficient for the average user to read or hear its content without interruption.

Texts containing advertising messages for Internet or electronic media, as well as print  or open air advertisements must have the size and type of letters as determined by the Decision on closer conditions for advertising financial services, and must comply with the principles set out in this Decision.

It must be noted that a provider of financial services is obliged to submit to the National Bank of Serbia a semi-annual advertising plan, i.e. another document containing in particular, the data on financial services (products) whose advertising is planned during that year and the planned manner of advertising those services or products (in electronic media, printed media, through internet advertising, outdoor advertising, indoor advertising and / or direct advertising).

Yes.

There are no provisions in Serbia prohibiting such advertisements – the general rules on advertising apply.

Yes.

There are no provisions in Serbia prohibiting such advertisements – the general rules on advertising apply.

Yes.

There are no provisions in Serbia prohibiting such advertisements – the general rules on advertising apply.

Partially.

In general, the provisions of Serbian law do not restrict issue-based advertising. However, during the electoral cycle issued-based advertising may be regarded as election canvassing – such canvassing is prohibited during the pre-election silence (24 hours before the election day). 

No.

There are no requirements regarding language. However, it should be kept in mind that the official language of Serbia is the Serbian language, therefore, it would be advisable and from a marketing standpoint more appropriate if the ads were made in Serbian language as they tend to be more accessible to local users. Moreover, advertising foreign brands and/or businesses that are not present in Serbia or otherwise available to local users may be potentially challenged as a misleading advertisement.