ADVERTISING STANDARDS COUNCIL
(Complete wording approved by the PA ASC on 20 November 2001
with innovations approved by the PA ASC on 10 February 2004)
In accordance with the European trend to create national bodies of advertising ethical self-regulation, subjects active in the marketing communication process in the Slovak Republic decided to enact the Advertising Standards Council.
The Opening Clause
The Foundation members of the Advertising Standards Council (hereinafter “Council“) decided to establish this association at the meeting on 3 March 1995 by their written statements immediately after the meeting was held.
The Name and Address
(1) The name of the Council is: “Rada pre reklamu” abbreviation “RPR”.
(2) The foreign-language modification in English is: “The Advertising Standards Council”.
(3) The Address of the Council is:”Bratislava, Cukrová 14”.
The Legal Form
(1) The Council is a legal person, established as an association form in accordance with § 2 section 1 of the following Act No. 83/1990 Coll. on assembling.
(2) In the legal relationships the Council acts under an assumed name and it is responsible for its liabilities by its property.
The Foundation and Creation
(1) The Council was established at the constituent meeting in Bratislava, on 3 March 1995.
(2) The Council came into existence on 25 April 1995, when the decision of the Ministry of Interior of the Slovak Republic (No. VVS/1-900-90-10580) on the Council registration as the association took effect.
(3) The Council is established for the indefinite time.
The Foundation Members
(1) The Foundation Members are persons, who met the membership conditions and were present at the constituent meeting, where they agreed with these Council Regulations or in case of their absence they declared their accord after, by written statement in the term of 10 days from the day when the constituent meeting was taking place.
(2) The Foundation Members of the Council are:
Club of Slovak Advertising Agencies (Klub reklamných agentúr Slovenska)
Outside Advertisement Association (Asociácia vonkajšej reklamy)
Slovak Independent Broadcasters Association (SIBA) (Asociácia nezávislých rozhlasových a televíznych staníc Slovenska (ANRTS))
Association of Periodical Press Publishers (Združenie vydavateľov periodickej tlače)
Slovak International Tobacco, S.I.T., Inc. (S.I.T., a.s.)
Tobacco, Ltd. (Tabak, s.r.o. (Philip Morris Slovakia))
The refinery and petrochemical company „Slovnaft, a.s.“
The bank institution „Prvá stavebná sporiteľňa, a.s.“
The financial company “Prvá slovenská investičná spoločnosť”
Euroskop, a.s. (Euroskop – Ringier)
The media agency “Prvá slovenská mediálna agentúra”
IP Bratislava, s.r.o.
Strategie na Slovensku
Asociácia PR agentúr
OMV Slovensko, s.r.o.
IDV Slovakia, s.r.o.
Škoda auto Slovensko
The bank institution „Slovenská poisťovňa, a.s.“
The Aim of the Council
The aim of the Council is:
a) to codify and update ethical principles of the advertising practice in the Slovak Republic (hereinafter „Code“),
b) to enforce stated ethical advertising principles in the society,
c) to maintain of the ethical advertising,
d) to enforce and plea for the interests of the marketing communication process participants.
The Matter of activity of the Council
The Council performs following activities:
– publishes and amends the Code,
– decides on questions of ethical advertising by the Arbitration Committee,
– carries on the further education,
– represents its members in the European Advertising Standards Alliance,
– co-operates with the public bodies, courts, associations and other institutions in the Slovak Republic and abroad on questions of ethical advertising,
– performs further activities to fulfil its aim,
– defends interests of the advertising community in relation to public bodies and other institutions and introduces expert analysis and other documents concerning legal modifications in the field of marketing communication.
The Membership Conditions
(1) There are full members and honorary members in the Council.
(2) Any legal or natural person may become a full member of the Council, if it meets one of the following requirements:
– It is an active subject in the field of media, advertising and marketing communication, public communication or the organisation that merges such subjects
– It is an advertiser with a significant post on the advertising market or an organisation merging such advertisers or
– It is an organisation, which aim is to protect customer’s interests.
(3) Only an adult natural person, confidential in the field of media and advertising or marketing communication, may become an honorary member
The Membership Foundation
(1) The Foundation Members are persons, who have agreed to become Council members in accordance with the regulation in Article V. section 1 of these Regulations.
(2) The membership of other persons may be founded by the decision of the PA upon his/her written application or – in the case of honorary membership – upon the suggestion of the ASC member at the Plenary Assembly of the ASC. The membership application shall be signed by the authorized person and if it is a legal person it shall be enclosed the evidence about the member foundation (certificate stating the legal status, certificate of registration at the Ministry of Interior SR e.g.) In the membership application shall be stated, whether the natural or legal person asks for honorary or full membership.
The Extinction of the Membership
(1) The membership in the Council becomes extinct:
– upon the extinction of the member as a legal subject,
– upon a notice of the member,
– by the decision of the Plenary Assembly on cancelling the membership.
(2) With the extinction of the member as a legal subject, his/her membership in the Council also ends by the day of decision of a competent authority on his/her extinction taking effect.
(3) The Membership in the Council ends upon a notice of the member on the extinction of the membership, signed by the person who may act on behalf of the member. The membership becomes extinct by the day the notice was delivered to the Council.
(4) The membership in the Council becomes extinct by the decision of the Plenary Assembly on expelling the member from the Council. The Plenary Assembly can expel the member from the Council, if:
a) the member does not meet the standards of membership,
b) the member does not acknowledge a decision of the Committee or he/she does not follow it,
c) the member violates duties, established by these Regulations, or decisions taken by the bodies of the Council, even after a written notice,
d) the full member does not pay the fee even after a repeated notice.
The proposal for expelling the member from the Council can be submitted to the Plenary Assembly by any member of the Council. The decision of the Plenary Assembly on the membership extinction is final.
The Essential Members‘ Duties
(1) The Council members are obliged to uphold the Regulations, Code, The awards of the Arbitration Committee and decisions of other bodies of the society, and they are obliged to follow them. A subject associating its own members is obliged to secure adherence to these duties by its members within the internal structure.
(2) The Full members are obliged to pay the membership fees in the amount and time according to the decision of the Plenary Assembly.
(3) The Council members are obliged to provide general co-operation to fulfil the aim of the Council activity and they are obliged to uphold the Regulations and decisions of the Council bodies. The Council members are obliged to refrain from any activity which would disable or obstruct the activity to the Council. An organisation with its own members, being a Council member, is obliged to secure adherence to these duties by its members within the internal structure
The Primary Rights of the Members
(1) All full members of the Council are qualified to vote and to be elected to the bodies of the Council, take part at the meeting, submit drafts and vote at the Plenary Assembly of the Council and according to these Regulations they have the right to be informed about activities of the bodies of the Council and Council management.
(2) All honorary members of the Council are qualified to be elected to the bodies of the Council, take part at the Plenary Assembly of the Council, and they have the right to be informed about the activities of the bodies of the Council.
The Bodies of the Council
The bodies of the Council are:
The Plenary Assembly,
The Arbitration Committee,
The executive director,
The Control Commission.
The Plenary Assembly
(1) The Plenary Assembly is the supreme body of the Council. Each member is being represented by his/her legitimate representative at the Plenary Assembly.
(2) The Plenary Assembly is competent to carry on all decisions in matters concerning the activity of the Council, except issuing awards, which are being issued exclusively by the Arbitration Committee. The activities of the Plenary Assembly are:
– to elect and withdraw bodies of the Council in compliance with these regulations,
– to accept the Code and to change the Code,
– to take decisions on new members acceptance,
– to take decisions on expelling members,
– to take decisions on amount of the membership fees,
– to agree on the Standing order of the Arbitration Committee,
– to agree on the Council economy by agreeing on the budget,
– to agree on the extinction of the Council in accordance with the legal regulations,
– to agree on further questions, entrusted to the Plenary Assembly by the Council Regulations or by the other decision of the Plenary Assembly.
(3) Each member has one vote when voting at the Plenary Assembly. The Plenary Assembly is quorated, if an absolute majority of all the members is present at the meeting. To adopt the decision, approval of two thirds of the present members is necessary. The voting of the Plenary Assembly is open, until the Plenary Assembly decides otherwise.
(3a) When taking decisions on membership foundation, according to the article IX. of these regulations and coherent, decision may also be taken by the “per rollam” form. This means that the Presidium submits a written suggestion to every member, and by the term of 30 calendar days each member will submit his/her written opinion regarding that suggestion. The decision is accepted, when at least two thirds majority of all members submitted their agreement. If any of the members does not declare his/her opinion within the 30 days, it is taken as a negative statement and as that he/she does not agree with the matter.
(4) The Plenary Assembly meets at least once a year. The Council members will be sent an invitation for the Plenary Assembly at least twenty-one (21) days before the day the Plenary Assembly meeting will take place. The Plenary Assembly is convened and chaired by the President or by the President adjudicated representative of the Presidium.
(5) The Plenary Assembly takes decisions by the means of resolutions, which will be provided by the executive director in a written form.
(1) The Presidium supervises the Council, at the time the Plenary Assembly does not sit. The Presidium is competent to take decisions on questions, which are not adjudicated to another body of the Council by law, regulations, or by the Plenary Assembly decisions.
(2) The Presidium consists of nine (9) members, the president, the executive director, and other seven (7) members elected Council representatives. The Presidium is elected for the period minimum of one (1) year. The Presidium determines the amount of the salary of the executive director and other employees of the Council. The Presidium Takes decisions at the meeting by means of open vote, it is quorated if two thirds majority of all the members are present at the meeting and takes decisions by an absolute majority votes of present members.
The Arbitration Committee (“Committee”)
(1) The Committee is the body of the Council, which is exclusively competent to issue awards.
(2) The Committee consists of at least seven (7) members, who are elected and dismissed by the Plenary Assembly from the Council members and other persons at suit of the Presidium for the term of Office 3 years. After the expiration of the term of Office the Plenary Assembly generally substitutes one third of the Committee members.
(3) The award is a written vindication of the Committee decision, on the matter, whether a particular advertisement carried out in the past or in the present is in accordance or discordance with the Code.
(4) The award is issued by the Committee, based exclusively on a written suggestion. The suggestion may be submitted by any legal or natural person, except the members of the Committee. There is no legal remedy against the Committee decision. The law on law custody, according to § 15 Act No. 83/1990 Coll., is not touched by this.
(5) The Remedial questions on the Committee’s decision process will be adapted in the Standing Order, which is being approved by the Plenary Assembly at suit of the Presidium.
(1) The President is a statutory representative of the Council. Any representative of the Council member or any natural person, who enjoys general confidence and honour, may become the President.
(2) The President is elected and withdrawn by the Plenary Assembly at the suit of any Council member. The President is elected for a 2 years term of Office.
(3) The President represents the Council. The range of rights and duties of the President and the way he/she is salaried, may be specified only by the decision of the Plenary Assembly.
The Executive Director
(1) The executive Director is elected and dismissed at the time of the meeting by the Plenary Assembly, otherwise by the Presidium of the Council.
(2) The Executive Director supervises common activity of the Council. He/she establishes and leads the standing Office, secures information publishing about the Council activity, carries on advertising monitoring, prepares details for the Committee meeting, manages the administration and fulfils other tasks, which were assigned to him by the President, Presidium, or the Committee.
(3) The Executive Director is entitled to carry out legal acts within the extent of his tasks, in the name of the Council.
The Control Commission
(1) The Control Commission is the auditing body of the Council. It is responsible especially for the auditing of the Council budget adherence, for looking after fulfilling the decisions taken by the Plenary Assembly. The Control Commission Members are competent to look into all documents and records regarding The Council’s activity.
(2) The Control Commission consists of three (3) members, who are elected and withdrawn by The Plenary Assembly at the suit of the Council member for the term of Office of two years.
(3) The Control Commission members have the right to take part at the meetings of the Presidium and they have the right to ask for or convene the Plenary Assembly meeting.
The Plenary Assembly can also establish other bodies. At the same time it is obliged to determine their tasks, activity regulations, and determine who can become a member of the body.
The Council Management
(1) The Council is competent to gain property and manage it.
(2) The property sources are predominantly the Council membership fees, devises and donations of thirds persons and other sources.
(3) The Plenary Assembly decides on the Council Management regulations by the means of approving a budget submitted by the Presidium.
(4) In case that the membership fees would not cover the Council’s expenses in a particular year, the President is obliged to convene the Plenary Assembly meeting, which shall decide about the further solution procedure.
Expiration of the Council
The expiration of the Council follows particular law regulations.
The Final Provision
(1) The Regulations were accepted at the Advertising Standards Council constitutive meeting, which took place on 3 March 1995 in Bratislava. The Amendments were approved at the Plenary Assembly meetings on 11 November 2000, on 20 November 2001, on 21 November 2002, and on 10 February 2004.
(2) The Regulations may be changed only after the decision of the Plenary Assembly of the Council.