Hungary

[HU] Amendment to the Code of Conduct for the Hungarian Advertising Industry

IRIS 2005-10:1/26

Márk Lengyel

Körmendy-Ékes & Lengyel Consulting, Budapest

On 29 September 2005 the representatives of the Magyar Reklámszövetség (Hungarian Advertising Association - MRSz), the Önszabályozó Reklám Testület (Hungarian Advertising Self-regulatory Board - ÖRT)-thetwo main self-regulatory organisations of the national advertising industry - and of further 20 professional associations involved in matters of advertising -- signed the amendment to the Magyar Reklámetikai Kódex (HungarianCode of AdvertisingEthics).

This code of conduct serves as the common basis of self-regulatory practices in the Hungarian advertising industry. Its original version was adopted in 1981, being the first document of such a nature in the Central-Eastern European region. The code is applied both by the Committee of Ethics of the MRSz and by the ÖRT.

The general purpose of the code is twofold. Some of its rules are of a clear consumer protection nature. In this respect the document:

- sets up general standards of advertising ethics, such as the protection of natural, cultural and historical values, the protection of the Hungarian language, the protection of religious belief, the prohibition of discrimination among ethnic groups, the protection of health, etc.;

- provides detailed rules concerning comparative advertising, and prohibits misleading advertising and

- gives guidance on questions relating to the protection of minors and human dignity.

On the other hand the code is also aimed at solving the occasional internal conflicts of the advertising industry: in this respect it also provides rules inter alia on the prohibition of illicit use of brands and on the protection of advertising ideas.

In relation to the existing statutory regulation, the code has a clear complementary nature; its conceptual basis is provided byAct LVIII. of 1997 on commercial advertising activities (Advertising Act) , and it contains mainly more detailed rules than the act.

By the most recent amendment the Code of Advertising Ethics was completed by a series of new provisions relating inter alia to

- advertising beverages and foodstuffs;

- advertising on the Internet or via any other means of electronic communication (i.e. sms, mms, e-mail);

- social advertisement.

In addition to these major changes the rules of the code relating to misleading and comparative advertising, advertising aimed at children or including references to warranty were also subject of amendments.

The amendments to the code entered into force on the date of its signature.