Two Laws Adopted – on Advertising and Information Security

Yesterday the Deputies at the National Assembly of Serbia adopted the Law on Advertising intended to protect all consumers from misleading messages and prevent unfair competition among advertisers, as well as the Law on Information Security, intended to increase the level of protection and security of information systems in Serbia.

One key novelty of the Law on Advertising are changes regarding the advertising of alcoholic drinks.

In the future, electronic media will be permitted to advertise alcoholic drinks of up to 20 percent between 6 PM and 6 AM, while advertising for those over 20 percent will be allowed during the period from 11 PM to 6 AM.

Until now only beer and wine could be advertised in electronic media, between 6 PM and 6 AM.

Advertising alcohol is permitted for the first time without limits in print media, except for those intended for children and underage persons.

For the first time the Law defines the term of internet advertising, prohibits the advertising of electronic cigarettes and introduces clear rules regarding the content of the advertising message when advertising games of fortune and prize games.

The draft law clearly defines, contrary to the existing law, that advertising on open-air surfaces (billboards, panels) is under the exclusive competence of local self-governments, who also retain the revenues thus made.

The Law contains a number of provisions regarding the protection of children and underage persons, stating that an advertising message may not show underage persons in hazardous situations, nor call on underage persons to purchase goods, nor show a value judgement on the price along with data on the price.

The advertising of milk, other foods and beverages, as well as equipment for their use for infants of up to six months of age is prohibited, and advertising in educational institutions is likewise forbidden.

The Law on Information Security is the first umbrella law in this field, regulating measures of protection from security risks in information-communication systems, the responsibilities of legal persons in managing such systems, and the competent bodies for implementing protection measures.

The Law is in regards to information-communication systems (ICT) of particular importance, since they handle affairs of general interest for the broader community, and all security breaches in such systems can lead to significant damage.

This includes public authorities, systems processing particularly sensitive personal data, and systems dealing with activities of public interest.

In addition to increasing the level of protection and security of information systems in Serbia, the goal of the Law is also raising awareness of public administration bodies and citizens on the dangers that could follow if these systems are insufficiently protected.

The ministry competent for information security affairs received all executive authorizations in the implementation of this law, and it will undertake inspection supervision over ICT systems of particular importance.

A National Computer Emergency Response Team (National CERT) will be established within RATEL.

The National CERT is tasked with prevention and protection from security risks in ICT systems at the national level, cooperation with similar institutions from other countries, since information system incidents most frequently have a cross-border character.

The Administration for Joint Services for the Republic Bodies will form a CERT for Republic bodies to deal with information system security in Republic bodies.

The founding of a Body for the Coordination of Information Security Affairs of the Government of Serbia is also envisaged, to be comprised of representatives of those state bodies involved with information security.

Members of this body will be representatives of the ministries competent for information society affairs, defence, the interior, foreign affairs, justice, representatives of security services, the General Secretariat of the Government, the National and the Republic CERT.