Code of Ethics

NCSR Ethical Rules Declaration of "SPORTNI NOVINI" AD

"SPORTNI NOVINI" AD, UIC 208793555, with registered office and address of management: Sofia 1000, Vazrazhdane district, 46 Hristo Botev Blvd., in its capacity as owner and publisher of the media outlet sports-news.co.uk, accepts and undertakes to comply with the National Ethical Rules for Advertising and Commercial Communication in the Republic of Bulgaria (hereinafter referred to as the "Code" or the "NCSR Ethical Rules"), adopted by the National Council for Self-Regulation (NCSR).

By this declaration, "SPORTNI NOVINI" AD joins the voluntary commitment of the advertising and media industry in Bulgaria to apply ethical standards in the creation, broadcasting and control of commercial communications on its channels and platforms.

Who creates the Ethical Rules

The National Council for Self-Regulation (NCSR) is an independent self-regulatory body in advertising and commercial communication in Bulgaria. After consultation with distinguished specialists, the NCSR creates, revises and ensures the voluntary application of ethical rules and good practices in the industry for the protection of the consumer, the principles of competition and the public interest. To this end, the NCSR sets up its own working bodies – an Ethics Committee, an Appeals Committee, a Working Group for the Interpretation of the Code, a Monitoring Committee, etc.

Members of the NCSR may be associations and individual legal entities and natural persons from the advertising industry – advertisers, marketing professionals, advertising agencies, media, as well as prominent public figures and specialists. The basis of self-regulation in commercial communication is these National Ethical Rules for Advertising and Commercial Communication in the Republic of Bulgaria.

The Code was adopted by the General Assembly of the National Council for Self-Regulation in 2009 in accordance with the statutes of the association, the legal framework of the Republic of Bulgaria and the Consolidated Code of Advertising and Marketing Communication of the International Chamber of Commerce – both in form and in content. The Code is subject to development, and the National Council for Self-Regulation regularly reviews its clauses to ensure that they continue to reflect the latest developments in technology, marketing practices and society. The NCSR also adopts Rules for the Application of the Code.

Who the Code applies to

The National Ethical Code is universally applicable to all participants in the advertising industry in the Republic of Bulgaria – advertisers, marketing professionals, advertising agencies, media and all persons concerned with advertising and any form of commercial communication, and defines the rules of professional conduct in the industry. In addition to the Code, the NCSR may apply business-specific industry ethical rules, provided that they do not contradict the Code.

Compliance with the Code does not rule out cases where a medium may refuse an advertisement if it does not meet other, stricter, criteria of its own for accepting commercial communications. "SPORTNI NOVINI" AD reserves the right to refuse to broadcast an advertisement that does not meet the editorial standards of the publication, even when the advertisement in question does not formally violate the Code.

Who applies the rules

The NCSR examines complaints within the scope of the Code against any participant in the advertising industry in the Republic of Bulgaria that carries out advertising and commercial communication in breach of the ethical rules. NCSR members voluntarily undertake to apply the Code and to ensure compliance with it. The decisions of the NCSR are binding on its members. They voluntarily undertake not to carry out or accept any activities in breach of the Code and to change or cease any communication that the NCSR has judged to be in breach of the Code.

NCSR members work to promote the Code and encourage compliance with its aims and rules by all other business entities and persons in the advertising industry.

For persons who have not yet accepted the Code, the decisions of the NCSR bodies are not binding. In these cases, the NCSR's powers are limited to publicising the decisions of its bodies, suspending broadcasting by a medium that is a member of the NCSR and, where necessary, notifying the relevant law enforcement authorities.

The Code and the law

The Code does not have the force of law and does not apply to matters regulated by law. The Code is always applied within the framework of applicable legislation, but it does not displace the laws regulating advertising and commercial communication in Bulgaria and is their "ethical supplement". For this reason, the texts of the Code are more detailed than those in the laws. To avoid ambiguity, where matters that are the subject of the Code are also regulated in normative acts, the relevant law enforcement authority rules on the lawfulness of the case.

The Code offers an easy and accessible way to resolve disputes that arise and often prevents civil and criminal claims, but the application of the rules of self-regulation does not remove the obligation of business entities and citizens to comply with the Constitution and the laws of the Republic of Bulgaria. No written or oral communication from the National Council for Self-Regulation or its members will be taken as legal advice or a recommendation.

Scope

The Code applies to every form of advertising and marketing communication, understood in the broadest sense of commercial communication – activities that directly or indirectly stimulate the sale of any kind of goods and services (including corporate and institutional ones) or promote trademarks and names, regardless of the channels and means of communication used, including, but not limited to:

• audio-visual communications – television, radio and other broadcast media, cinema, video, etc.;
• print communication – newspapers, magazines, brochures, posters, bulletins, catalogues, etc.;
• communication in other media displayed in public places, including moving images;
• commercial communication on packaging, instructions for use and other promotional materials;
• advertising messages published in return for payment in money or in return for another reciprocal obligation, where the content is under the control of the advertiser/marketing professional and not of the publisher – such messages must comply with the requirements of the Code and must be expressly labelled and clearly distinguished from independent editorial material;
• public service advertising and advertising related to charity, sponsorship, etc.;
• commercial communication by local and central government bodies;
• communications related to promotional activities, including at points of sale, tastings, games and lotteries, event-based commercial communications;
• communication in electronic means of processing and transmitting information, including, but not limited to – displays (static and moving images), text messages, paid inclusions or searches, internet banners, viral commercial messages (virals), marketing communication on company websites, ads in online games, red button, online corporate communications, DVD/CD-ROM, digital billboards, SMS and MMS messages, fixed and mobile telephones and other electronic communications.

Outside the scope

The Code does not extend indiscriminately to every kind of communication. For example, the Code does not apply to:

• editorial content;
• corporate communication, including corporate public statements, press releases and other media statements; information in annual company reports and similar documents; corporate statements on social and political issues;
• information that must be entered on product labels as required by law;
• political communication that aims to influence the electorate during local, national or international elections or referendums;
• search sites;
• blogs;
• viral commercial messages and user-generated content produced and distributed by individual consumers, without the assistance and support of an advertiser/marketing professional;
• communication with an educational purpose or information on topics important to society, where such communication is not connected with the commercial interest of its initiator;
• communication whose main purpose is to entertain or educate rather than to be commercial;
• communication from state bodies;
• works of art displayed publicly or privately;
• the products themselves.

Purpose of the Code

Because of the particularly important role of advertising in the country's economy, the purpose of the Code is to ensure that it is carried out as a public service in such a way as to take into account the impact it has on the consumer. The principles of the Code are the ethical basis of self-regulation. It is designed to stop activities that run counter to the above-mentioned purpose, even if those activities are formally within the bounds of the applicable law. The Code is intended to achieve the following objectives:

• to demonstrate responsibility and good practice in advertising and marketing communication in the Republic of Bulgaria;
• to increase public trust in commercial communication;
• to respect the privacy of personal information and consumer preferences;
• to ensure special responsibility with regard to commercial communication for children and young people;
• to protect the freedom of expression of persons engaged in commercial communication (in accordance with Article 19 of the UN International Covenant on Civil and Political Rights and the Constitution of the Republic of Bulgaria);
• to uphold the principles of fair competition;
• to provide practical and flexible solutions;
• to minimise the need for detailed national and/or international legislation or regulations.

GENERAL RULES Article 1 – General provisions

• 1.1. All commercial communication must be prepared with a sense of responsibility to the consumer and to society.
• 1.2. All commercial communication must comply with the law and be decent, honest, fair and truthful.
• 1.3. Advertisers bear responsibility for the lawfulness of commercial communication. No commercial communication may disregard any legal provision or contain elements that violate the law; it must not encourage anyone to violate or circumvent the law.
• 1.4. All commercial communication must be prepared with due professional responsibility and must meet the principles of fair competition.
• 1.5. No communication may undermine public confidence in advertising and marketing.
• 1.6. Self-regulation is applied with respect for everyone's fundamental right to freedom of expression and the freedom of commercial communication.
• • Article 2 – Decency
• Commercial communication must not contain statements or audio or visual products that offend good morals or that may be characterised as vulgar or repulsive, according to the generally accepted moral norms in the relevant country and culture.
• • Article 3 – Honesty
• 3.1. Commercial communication must be prepared in such a way that it does not abuse consumers' trust or their lack of experience or knowledge.
• 3.2. The relevant factors likely to influence consumers' decisions must be communicated in such a way and at such a time that consumers are able to take them into account.
• 3.3. Where information is given in a footnote, it must be sufficiently visible, legible, in an adequate font size and of sufficient duration to allow it to be read and taken into account.
• 3.4. Commercial communication must not damage the good name and trust in competitors, or the goods or services they offer, by asserting or spreading false information, or by presenting facts in a distorted manner.
• 3.5. Commercial communication must not use or disclose professional or trade secrets in contravention of fair trade practice.
• • Article 4 – Social responsibility
• 4.1. Commercial communication must respect all aspects of human dignity.
• 4.2. Commercial communication must not contain, incite or tolerate any form of insult or discrimination, including on the basis of race, national origin, religion, social or political affiliation, sex, age, disability or sexual orientation, without this list being exhaustive.
• 4.3. Commercial communication must observe the principle of equality between women and men.
• 4.4. Commercial communication must not exploit feelings of fear or misfortune or suffering without good reason.
• 4.5. Commercial communication must not abuse feelings of pity for the sick, babies, children, elderly people and disadvantaged persons.
• 4.6. Commercial communication must not contain, tolerate or incite violent, unlawful or antisocial behaviour.
• 4.7. Commercial communication must not contain, tolerate or incite a threat to human life and health; to nature and animals; or to personal or public property.
• 4.8. Commercial communication must not contain pornographic scenes or contain, tolerate or incite sexual violence.
• 4.9. Commercial communication must not show excessive eroticism or promote excessive susceptibility to sexuality by depicting encouragement and readiness for sex, exposure of the human body in an inappropriate manner, and must not present the product as a means of removing sexual barriers. The human body may be shown only with respect for personal rights and human dignity.
• 4.10. The fact that a given commercial communication may be unacceptable to some individuals is not, in principle, sufficient reason for refusing commercial communication for the product in question altogether.
• 4.11. The use of natural, historical, scientific or cultural values in commercial communication must be done in a way that will not damage respect for them.
• 4.12. Commercial communication must not use the Bulgarian language in an offensive way.
• 4.13. Where commercial communication is lawfully published in a foreign language, that language will enjoy the same protection as Bulgarian.
• 4.14. State symbols may be used in commercial communications only in accordance with the law and in a way that does not abuse their importance and does not demean their dignity.
• Article 5 – Truthfulness
• 5.1. Commercial communication must be truthful and must not be misleading.
• 5.2. Commercial communication may not be hidden and operate at a subliminal level.
• 5.3. Commercial communication must not distort or fraudulently use technical and scientific data and terminology.
• 5.4. Commercial communication must not conceal or hide significant defects or dangerous properties of the products offered.
• 5.5. Commercial communication must not contain any statements or audio or visual presentation which, directly or indirectly, is likely to deceive or mislead the consumer, and in particular, but not limited to, in relation to:
• a) characteristics of the product that are essential – composition, consumer properties, quantity, quality, manufacturer, seller; method, place and date of manufacture; source and method of acquisition or use; effectiveness and performance, commercial or geographical origin, environmental impact, etc.;
• b) the value of the product and the final price that the consumer must pay;
• c) conditions for delivery, replacement, return, repair and maintenance;
• d) warranty conditions;
• e) copyright and intellectual property rights;
• f) compliance with standards;
• g) official recognition or approval, awards such as medals, trophies and diplomas;
• h) donations to charitable causes, public and cultural campaigns, etc.;
• i) the possibility of making quick profits.
• 5.6. Commercial communication must not use misleading messages about prices, price reductions and other commercial terms when offering products.
• 5.7. The word "new" will be used only for a certain reasonable period of the life cycle of a product that is new or has undergone a significant change.
• Article 6 – Use of technical/scientific data and terminology
• 6.1. Where commercial communication uses technical and scientific data (research results or quotations from technical and scientific publications), it must be possible to confirm and support them with evidence.
• 6.2. Commercial communication must present statistical data in such a way that it does not exaggerate the real value of the claims about a product.
• 6.3. Technical and scientific data of limited validity must be clearly identified as such and must not be presented in a way that makes them appear universally valid.
• 6.4. Commercial communication must use terminology or vocabulary in such a way that it does not wrongly suggest that claims about a product are scientifically based.
• Article 7 – Use of the terms "free" and "guarantee"
• 7.1. The term "free" must be used only when:
• a) the offer involves absolutely no obligation;
• b) the only obligation is to pay the costs of participation, sending and transport, which must not exceed the approximate costs incurred by the marketing professional, or the consumer's possible travel;
• c) in connection with the purchase of another product, provided that the price of that product has not been increased to cover all or part of the cost of the offer.
• 7.2. Offers with a trial period must not be described as free if the consumer has to pay the costs of possibly returning the product, unless this is expressly stated in the offer.
• 7.3. Where a free offer requires the consumer to pay applicable taxes and fees, this information must be clearly stated in the commercial communication.
• 7.4. Unless it is true, commercial communication must not claim or imply that a "guarantee", "right" or any other expression with the same meaning offers the consumer additional rights beyond those secured by law.
• Article 8 – Substantiation
• 8.1. Data and descriptions used in commercial communication are subject to verification and must be capable of being substantiated.
• 8.2. Such evidence must be available so that it can be provided within a reasonable time and on request to the self-regulatory bodies responsible for the application of the Code.
• Article 9 – Identification
• 9.1. Commercial communication must be clearly distinguishable as such, regardless of its form and the channel used.
• 9.2. When an advertisement appears on a channel containing news or editorial material, it must be presented in such a way that it is clearly recognisable as an advertisement. All sponsored publications, native integrations and PR materials on Sportni-news.co.uk are expressly labelled as "Advertisement" or "Sponsored content".
• 9.3. Commercial communication must not misrepresent its true purpose. For example, it must not be presented as market research or a consumer survey if its purpose is commercial (the sale of some product).

Final provisions "SPORTNI NOVINI" AD undertakes to inform its advertising partners, advertisers and counterparties of the adopted NCSR Ethical Rules and to require their compliance in cooperation within the Sportni-Novini.bg media outlet. Reports of violations of the Ethical Rules within the Sportni-Novini.bg site may be submitted to: office@sportni-novini.bg. Complaints about violations of the Code may also be submitted directly to the National Council for Self-Regulation (NCSR).