Expert Guide to advertising regulations in Slovenia

Slovenia has the SOK (The Slovenian Advertising Code), a self-regulatory tool in the advertising profession. It is a set of principles and rules that advertisers must respect when designing their ads. Furthermore, various sector-/product-/service-specific acts regulate advertising for the products/services in question. In addition to SOK, the Consumer Protection Act regulates the indecent, misleading and comparative advertising of goods and services, while the Consumer Protection against Unfair Commercial Practices Act regulates companies’ unfair commercial practices towards consumers. The Audiovisual Media Services Act governs television advertising and teleshopping. The Mass Media Act governs advertising practised by media and explicitly prohibits surreptitious advertising.

In addition to more general laws, special legislation, such as Restrictions on the Use of Tobacco Products and Related Products Act, Restrictions on the Use of Alcohol Act, the Health Services Act, the Gaming Act, the Complementary and Alternative Medicine Act, etc., regulates advertising of specific goods or services.

The Court of Arbitration at the Slovenian Advertisement Chamber is the competent body for reviewing questions under the SOK. In addition, the Market Inspectorate or any other competent inspection body has the authority to decide on advertising’s compliance with laws, and to regulate the advertising of goods and services. Last but not least, civil courts have the ultimate authority in individual matters to decide whether advertising is compliant with the appropriate laws. 

Social media and influencers are not yet regulated in Slovenia. They are not considered as media, consequently the Mass Media Act and its provision on surreptitious advertising cannot be applied for them. 

Advertising technology (AdTech) has also not been regulated in Slovenia. 

According to the Consumer Protection against Unfair Commercial Practices Act, fines range from EUR 300 to EUR 40,000 for violating the law, varying dependent on whether the law is infringed by a legal entity, sole trader, its responsible person or an individual. 

On the other hand, the fines imposed for the violations of articles of the Advertising of Goods and Services of Consumer Protection Act range from EUR 400 to EUR 40,000 for a legal entity, sole trader or its responsible person and a self-employed person, depending on the violator.

Fines for acting contrary to the advertising provisions of the Audiovisual Media Services Act for a supplier of audiovisual services which can be either a legal entity or a sole trader range from EUR 6,000 to EUR 60,000. 
According to the Mass Media Act, fines range from EUR 1,050 to EUR 83,500 for a legal entity or sole trader that violates the law. 

The abovementioned laws that regulate advertising in Slovenia stipulate in their penal provisions the ranges of fines for violating the laws. Fines range from hundreds of EUR to tens of thousands of EUR. 

The Market Inspectorate or any other competent inspection body will issue a decision temporarily prohibiting an advertisement for goods or services that is contrary to the Consumer Protection Act, or the publication of such advertisement, if it has not yet been published but its publication is imminent. 

Furthermore, under the scope of administrative control, the Market Inspectorate or any other competent inspection body will issue a decision prohibiting the use of unfair practice if it considers that doing so could harm consumers, no matter the fault of the company. 

If the appeal about an advertising message at issue is well-founded, the Court of Arbitration of Slovenian Advertising Chamber is allowed to give a public call to the advertiser and/or the medium to withdraw or correct part of the advertising message that does not comply with the Slovenian Advertising Code, or publicly call for the advertiser and/or the medium to stop publishing a particular advertising message (if the conditions to make a public call are cumulatively met). 

Furthermore, the Court of Arbitration is allowed to report to the Market Inspectorate or any other competent body, and/or to report the action with signs of criminal offence to competent bodies, regarding the advertising message at issue.  

Partially.

The Slovenian laws do not prohibit adult advertising. However, the advertising content cannot be contrary to the principles of morality or human dignity, although the applicability of this general clause would require a case-by-case analysis. Additionally, under the Slovenian criminal code, it is prohibited to disseminate any pornographic content in a way that enables minors under the age of 15 to become acquainted with it, as well as to display any pornographic content in a manner that may impose it on another person against his/her will. Doing either of these is subject to criminal sanctions. 

Yes.

There is no explicit regulation of advertising of pleasure products. Nevertheless, advertising of the latter should comply with general principles of the Slovenian Advertising Code and the abovementioned rules. 

Partially.

Same as stated above under section adult content. 

Yes.

There are no advertising restrictions imposed on the type of alcohol but on the volume level. Alcoholic drinks with an alcohol content exceeding 15% may not be advertised. 

Partially.

Alcoholic drinks with an alcohol content exceeding 15% may not be advertised. Alcoholic drinks with an alcohol content of 15% or less may be advertised, however there are certain restrictions of which the following apply to the case at hand:

• alcoholic drinks should not be advertised to minors;
• alcoholic drinks should not be advertised in connection with events or content targeting youth (including sponsorships);
• advertisements should not show intoxicated or drinking persons that are younger than 25 years;
• advertisements should not show abstinence or moderate drinking in a negative light;
• advertisements should not show alcohol having any uplifting or calming effects or any health benefits (unless such advertisement is approved by ministry of health);
• advertisements should not show any positive effect of drinking alcohol on the solving of personal issues, on a person’s social or sex life, or on physical performance;
• advertisements should not show any positive correlation between drinking and driving;
• advertisements should not mislead the consumer by referencing high or low alcohol content levels to induce drinking.

In addition, each advertisement needs to contain a written warning.

Yes.

As above.

No.

The Restriction on the Use of Tobacco Products and Related Products Act governs tobacco advertising. 

The following is prohibited: 

• any donation or sponsorship to an event or activity or individual, or any direct or indirect advertising and promotion of tobacco, tobacco products and related products, including through information society services;
• any promotional gifts, gift certificates, stamps and discount coupons or any other similar offers related to the purchase of tobacco, tobacco products and related products;
• to promote the sale of tobacco, tobacco products and related products;
• to advertise products that could encourage the consumption of tobacco, tobacco products and related products by their appearance and intended use;
• to display or use tobacco, tobacco products, and related products in the context of television content and public appearances intended for persons under 18 years of age, except in films, series, and serials. 

The publication of information on the quality and other characteristics of tobacco, tobacco products and related products in professional books and magazines and publications, which are intended solely to inform manufacturers and sellers of such products and whose distribution is limited to such persons or companies, shall not be deemed advertising pursuant to the mentioned Act. 

No.

The same rules apply as stated above because the Act governs related products as well. Related products are electronic cigarettes and nicotine-free electronic cigarettes, herbal products for smoking and novel tobacco products.

Partially.

Under Slovenian law, prescription medicinal products may not be advertised to the general public, but only to the professional public in professional publications and by directly informing the persons authorized to prescribe or dispense medicinal products.

Yes.

Advertising supplements/vitamins is generally allowed. Advertisements for food supplements should not contain information that makes claims about their ability to prevent, treat or cure diseases. Further, advertising food supplements should not indicate or suggest that a balanced and varied diet does not enable the intake of adequate amounts of nutrients. Advertising of food supplements should comply with regulations on food labeling and regulations on provision on food information and food claims. 

In case of doubt about whether the product is a food supplement or a medicinal product, the rules on medicinal products apply. 

Yes.

Advertising alternative medical treatments, which are regulated by the Complementary and Alternative Medicine Act, should not be misleading. Advertising is deemed misleading if it contains ambiguities, excessive exaggerations or other similar components about the effects of complementary and alternative medicine systems and methods, which would exploit the inexperience or ignorance of the clients for profitable purposes. A company may publish information on its company name, its registered seat and its medical treatment.

Yes.

In case mental health professionals provide their services under the Health Services Act, the following restrictions apply: advertising of a healthcare activity should not be misleading, indecent or unlawfully comparable. In addition, advertising that (i) misleads or may mislead in any way, including the presentation of healthcare providers, healthcare professionals or healthcare services, (ii) exploits or could exploit patients due to their inexperience, ignorance or ignorance for profitable purposes, or (iii) contains ambiguities, excessive exaggerations or other similar content that is misleading or could be misleading, is deemed misleading. Further, audiovisual commercial communications for healthcare activity, healthcare services or healthcare providers are prohibited.

Pursuant to the Code of Medical Ethics, which is applicable to MDs in Slovenia, advertising health care activities should be limited to providing professionally correct information and should not emphasize the commercial interest of the healthcare provider. The Code of Medical Ethics applies to psychiatrists as well. In general, the regulatory status of mental health counseling in Slovenia is not clearly regulated. 

Yes.

Provided these services are classified as healthcare activities, the same restrictions as stated above apply.  

Yes.

Generally, Slovenian law does not specifically prohibit ads for gambling. Only the self-imposed rules of the Slovenian Advertising Code apply. Under these rules the advertising of games of chance, including online gambling, must not unrealistically present the possibility of making a profit and, above all, must not claim that the winnings may depend on knowledge or other factors that the consumer may influence. The advertising of games of chance must not be aimed at children and adolescents, nor may they be displayed in advertisements. Ads may not be published in media intended primarily for children and adolescents.

Partially.

Betting, more precisely sport betting, is governed by the Gaming Act. 

Advertising games of chance for persons not having a concession granted by the Government is prohibited. 
Classic games of chance may be operated on an ongoing basis as a business activity only by a public limited company with the registered office on the territory of the Republic of Slovenia based on a special concession (operator). 

Companies that have obtained a concession for operating games of chance, including sport betting, must warn participants about risks, particularly about gambling addiction, provide instructions for responsible playing and information where, in case of addiction, assistance may be obtained.

Yes.

Advertising the state-run lottery (Loterija Slovenije) is allowed; however, the same rules as described above apply. 

Yes.

In general, advertising financial products or services (such as bank accounts, credit and debit cards, insurance products such as life insurance, car insurance, homeowner’s insurance, etc.) is not prohibited in Slovenia. All advertisements should comply with the general rules on advertising, and, in particular, should not be misleading or constitute unfair competition or unfair market practice. 

Yes.

No specific restrictions, general rules on advertising apply. Note that ride share such as Uber is not yet allowed/regulated in Slovenia, but it is expected that regulations on the matter will be adopted soon. The general rules on advertising apply for ads for ride sharing.

Yes.

No specific restrictions; general rules on advertising apply.

Yes.

No specific restrictions; general rules on advertising apply.

Partially.

During the electoral cycle, issue-based advertising may be regarded as election canvassing – such canvassing may not be posted during the pre-election silence (24 hours before election day). 

Yes.

The general rule is that any advertisement targeting Slovenian customers should be in the Slovenian language. However, if the advertisement is not only targeting local users but foreign users as well, other languages may be used too but only in addition to Slovenian (which should not have a lesser role).