Proposed Amendments to the Current Law on Advertising
The Serbian Government has adopted proposed amendments to the current Law on Advertising (“Official Gazette of RS” No. 6/2016 and 52/2019), which are now pending approval by the Parliament.
The proposed amendments are brought in response to practical issues that arose during the implementation of the law, as well as the need for harmonization with Directive (EU) 2018/1808.
The amendments mainly clarify existing terminology and introduce new definitions. Notably, the definition of “advertiser” is expanded to include legal entities, entrepreneurs or individuals promoting a product or service for commercial purposes, including those acting on their behalf. Digital platforms are formally recognized as carriers of advertising messages, and it is stated that digital platforms are obliged to provide equal conditions for all advertisers.
New definitions are also introduced for the terms of “audiovisual commercial communication” (that includes, inter alia, TV advertising, sponsorships, TV sales and product placement) and “invitation to play” (in the context of games of chance).
Definition of invitation to play in relation to use of the words such as “play”, “buy”, “win” or other similar words is given in the context of classical games of chance (e.g., lotto, bingo, etc.) or special games of chance (e.g., sport betting, casino games, etc.). These rules do not apply with respect to games of chance in goods and services.
Most of the proposed changes focus on clarifying and expanding the scope of certain provisions, improving implementation, and more detailed regulation of personal data protection. It is clearly stated that advertising on platforms for video content exchange is considered as electronic media advertising. The duration of TV advertising and TV sales has also changed.
It is worth mentioning that under the proposed amendments, product placement will be generally permitted, with restrictions applying only to specific types of content – primarily programs intended for children, informational broadcasts, political shows, consumers programs and religious programs.
It is explicitly stated that this law applies also to advertising in catalogues, leaflets, booklets, brochures and similar printed materials. Usage of the Serbian language or language of minority groups is mandatory in advertising.
There are stricter rules with respect to advertising of games of chance (especially betting shops) and additional obligation are introduced for organizers of games on chances (i.e. to adopt and publish internal rules of socially responsible advertising on their homepage).
Additionally, new provisions regulate the advertising of hospitality services via online platforms, including those with domains registered abroad.
For further information or legal assistance regarding how these regulatory changes may affect your business, please feel free to contact us as via e-mail: office@pricapartners.com.
June 13, 2025