Expert Guide to advertising regulations in Slovakia

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

In Slovakia, the advertising sector is regulated both by statute and also by self-regulatory soft law. The relevant statutory law is the Act no. 147/2001 Coll. on Advertising and on Amendments to Certain Acts. The relevant soft law is Code of Ethics of Advertising Practice. 

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

The Commission is the body of the Advertisement Council which has the sole power to issue findings of particular advertisement non-compliance with relevant regulation. 

Any legal or natural person, other than members of the Commission, is entitled to file a complaint. There is no appeal against the Commission's decision, however this does not affect the right to judicial protection under Section 15 of Act no. 83/1990 Coll.

3. Regulation of advertising via social media and influencers?

The legislation does not specifically deal with these aspects. However according to the Code of Ethics of Advertising Practice, the advertisement on social media (including the user generated content) is to be considered advertising for the purposes of the Code. 

The penalties under the regime of Act no. 147/2001 Coll. on Advertising and on Amendments to Certain EUR.


Chapter 2: Specific limitations

1. Is adult content advertising allowed?

1.1 Adult content

Partially.

The Slovak legislation does not expressly prohibit adult advertising. However the Act stipulates, that advertising must not "present the nudity of the human body in an offensive way". In terms of soft law, according to Act no. 147/2001 Coll. on Advertising and on Amendments to Certain Acts, advertising must not promote excessive sexuality by displaying sexual incentives, nudity or the partial nudity of the human body in an inappropriate manner and may not, without just cause, present the product as a means of removing sexual barriers. 

1.2 Pleasure products

N/A

1.3 Dating websites/mobile applications

Partially.

The advertisement of dating sites is not expressly regulated. The standards mentioned above are applicable.  

2. Is alcohol advertising allowed?

2.1 Beer

Yes.

Under the relevant legislation, advertising of alcoholic beverages is allowed, however it must not a) link the consumption of alcohol with a beneficial effect on physical or mental performance, b) claim that alcoholic beverages have medicinal properties, a stimulating or calming effect or that they help to solve personal problems, c) encourage immoderate consumption of alcoholic beverages or present abstinence or sobriety as a deficiency, (d) emphasize the alcoholic strength of beverages as an indication of their quality. Further, alcoholic beverage advertising may not be aimed at minors, while no person who can be considered a minor may be associated in advertising with the consumption of alcoholic beverages. In terms of soft law, there are further, more detailed provisions on the actual content of the alcohol advertisement. It stipulates that alcohol beverage advertising may not be placed: a) in a communication medium intended for minors, b) on a billboard or similar communication medium in the immediate vicinity of a school, playground or similar facility intended primarily for minors, c) in a building or other space intended primarily for minors, (d) in the context of a public event intended exclusively for minors. 

2.2 Spirits

Partially.

As above.

2.3 Wine

Yes.

As above.

3. Is tobacco advertising allowed?

3.1 Cigarettes

Advertising of tobacco products is prohibited on most of the usual methods of advertising, with the exception of advertising items which are distributed at points of sale of products, through the sponsorship of a tobacco product, indicating the trade mark, emblem, name or other distinctive emblem of the tobacco product. The self-regulatory provisions also deal with the advertisement of tobacco products. It mainly concerns protection of non-smokers, minors and the nature of the advertising (for example tobacco products cannot be portrayed as beneficial for social or economic success. 

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

Same as above

4. Is healthcare products advertising allowed?

4.1 Prescription medication

Partially.

Under Slovak legislation, the advertisement of prescription medicinal products to the general public is prohibited. The exceptions are either a) vaccination campaigns b) advertising to persons who are authorized to prescribe those medicinal products. 

4.2 Supplements/vitamins

Yes.

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

Yes.

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

Yes.

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

Yes.

5. Is gambling advertising allowed?

5.1 Online gambling

Yes/Partially.

The Slovak legislation does not specifically prohibit  gambling advertising. However, the soft law stipulates that gambling advertising cannot be aimed at or intended for minors. It also must not encourage reckless participation in gambling or encourage the creation or strengthening of gambling addiction. 

5.2 Betting

Yes.

5.3 Are state-run lotteries allowed?

Yes.

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.

Issue-based advertising may be problematic in connection with the electoral moratorium. Political advertising is not generally prohibited. However during a 48-hour long electoral moratorium any campaigning (including advertising) is strictly prohibited. 

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

Yes.

Under current legislation, all signs, advertisements and announcements intended to inform the public must be communicated in the Slovak language. If they contain text in other languages, other language texts must follow the text in the state language and must be identical in content with the text in the state language. 

It must use the same or smaller font as the text in the state language. Advertising must meet the requirements for public speech, adhere to the principles of language culture, grammar, spelling, and pronunciation rules of the Slovak language and established professional terminology.

Portrait ofSoňa Hanková
Soňa Hanková
Partner
Bratislava
Barbora Korenecová