Bulgaria

[BG] Prohibition of Advertising of Tobacco and Tobacco Products in the Media

IRIS 2006-8:1/36

Rayna Nikolova

New Bulgarian University

In the context of the accession of Bulgaria to the EU the Bulgarian National Assembly adopted amendments to the Tobacco and Tobacco Products Act and the Radio and Television Act in August 2006 (see IRIS 2002-2: 3).

A new clause is introduced in the Tobacco and Tobacco Products Act prohibiting the advertising of tobacco and tobacco products in the mass media. The advertising of tobacco and tobacco products is explicitly prohibited in radio and television programmes (Art. 35, para. 2 Tobacco and Tobacco Products Act).

The advertising of tobacco and tobacco products in the press or other printing materials is permitted only in the following cases:

1. the publication is aimed exclusively at professionals in the field of trade with tobacco and tobacco products, whose main scope of activities is the production or trade with tobacco and tobacco products;

2. the publication is printed or published in a third country and is not intended for the market of a Member State of the EU and other countries party to the Agreement establishing the European Economic Area (Art. 35, para. 3 Tobacco and Tobacco Products Act).

Other forms of advertising of tobacco and tobacco products in the press and the other printing media are strictly prohibited (Art. 35, para. 4 Tobacco and Tobacco Products Act).

It is also prohibited that persons having as their main scope of activity the production and trade of tobacco and tobacco products sponsor:

1. radio and television programmes;

2. events or activities, which take place in several Member States of the European Union and in other countries parties to the Agreement establishing the European Economic Area or in any other way having trans-border effect (Art. 35, para. 5 Tobacco and Tobacco Products Act).

The Radio and Television Act has also been amended in order to be in line with the texts of the amended Tobacco and Tobacco Products Act. Article 80, para. 2 Radio and Television Act has been amended as follows: “The advertising of tobacco and tobacco products is forbidden”.