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DIR 01/20 | Advertising and Marketing of Professional Services

 

The Kamra’s Directive 01/19 provides a brief background to the issue of advertising of professional services pursuant to the removal of Paragraph 3 of the Code of Professional Conduct in 2010, and to the requirements of Article 24(2) of the Services in the Internal Market Directive (2006/123/EC) which stipulates that:

“Member States shall ensure that commercial communications by the regulated professions comply with professional rules, in conformity with Community law, which relate, in particular, to the independence, dignity and integrity of the profession, as well as to professional secrecy, in a manner consistent with the specific nature of each profession. Professional rules on commercial communications must be non-discriminatory, justified by an overriding reason relating to the public interest and proportionate.”

Commercial communication may therefore be subject to compliance with professional rules concerning the independence, dignity and honour of the profession, professional secrecy and fairness towards clients and other members of that profession.

Since a prohibition to advertise a certain professional activity could restrict possibilities for professionals to make themselves known and to promote their services, it would constitute a restriction on the freedom to provide services. Professional rules therefore cannot impose a general and absolute prohibition of any form of advertising. Rather, a balance is to be sought between the objective of protecting the public and the profession itself, often the impetus behind such restrictions, with the rights of professionals to freely provide their services to the public.

All Warrant Holders authorised under the provisions of the Periti Act (Chapter 390 of the Laws of Malta) to provide architectural and engineering services shall abide by this Directive.

 

General Principles

  • Warrant Holders shall not communicate or promote or represent themselves or their professional services in a false or deceptive manner; nor shall they allow others to do so, whether or not acting on their behalf.
  • The Council of the Kamra tal-Periti will investigate alleged breaches in line with the afore-mentioned principles, and with the guidelines published concurrently with this Directive.
  • Any actions by Warrant Holders which are found to be in breach of this Directive will be considered as conduct which is discreditable to the profession, as provided for in the Periti Act.

 

Advertising Guidelines

 

 

Perit Simone Vella Lenicker

President

 

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DIR 01/19 | Advertising

Paragraph 3 of the Code of Professional Conduct published in 1968 stipulated that “A member must not advertise or offer his professional services to any person or body by means of circulars or otherwise, or make paid announcements in the Press except that: (a) He may apply to prospective employers for a salaried appointment; (b) He may advertise a professional appointment, open or wanted; (c) He may insert in the Press three notices of one change of address.”

Paragraph 4 also stipulated that “A member may allow signed illustrations and descriptions of his work to be published in the press, but he shall not give monetary consideration for such insertions.”

The Kamra tal-Periti consistently interpreted the above to constitute a complete ban on any form of paid advertising, while allowing periti to publish their work as long as this is not remunerated.

Through Legal Notice 116 of 2010, Government removed Paragraph 3 from the Code of Professional Conduct. The Council notes that it is a widely accepted practice across Europe for architects and engineers to advertise their services, notwithstanding this is subject to certain conditions.

Article 24(2) of the SIM Directive – 2006/123/EC reads: “Member States shall ensure that commercial communications by the regulated professions comply with professional rules, in conformity with Community law, which relate, in particular, to the independence, dignity and integrity of the profession, as well as to professional secrecy, in a manner consistent with the specific nature of each profession. Professional rules on commercial communications must be non-discriminatory, justified by an overriding reason relating to the public interest and proportionate.”

In light of the above, the Deontological Code published in 2016 by the Architects’ Council of Europe (ACE) stipulates that “No provider of architectural services shall either communicate or promote or represent themselves or their professional services in a false or deceptive manner; nor shall they allow others to do so, whether or not acting on their behalf.”

During the Annual General Meeting of the Kamra tal-Periti held on the 10th January 2019, the members present approved the following principles, which are being issued to all Warranted Periti as a Directive:

  1. The above-mentioned principles stipulated in the Architects’ Council of Europe Deontological Code are hereby being adopted by the Kamra tal-Periti, and therefore no Warranted Perit or Warranted Partnership of Periti shall either communicate or promote or represent themselves or their professional services in a false or deceptive manner, nor shall they allow others to do so, whether or not acting on their behalf.
  2. The Council of the Kamra tal-Periti shall be setting up a Working Group which will present a set of guidelines on advertising and marketing of professional services to the Council for its approval and dissemination to the profession.
  3. Until the formal publication of guidelines officially approved by the Council, periti are hereby notified that references to fees or fee structures for the provision of services in any form or advertising, publicity material, or marketing of their services or business, is not permitted.

 

The Council of the Kamra tal-Periti, as empowered by the General Meeting of 10 January 2019, will investigate any alleged breaches in line with the afore-mentioned principles, and, eventually, with the published approved guidelines. Any actions by periti which are found to be in breach of the above will be considered as conduct which is discreditable to the profession, as provided for in the Periti Act.

 

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DIR 01/09 | Listing of details in the Yellow Pages publication

The Kamra tal-Periti has on various occasions in the past, and in accordance with directives given by the Council, drawn the attention of all practicing Periti to the correct procedure to be adopted for listing their practice in the Yellow Pages Directory and other similar listings.

The Kamra wishes to draw your attention again that any advertising has to strictly abide by the Code of Professional Conduct and thus only contact details (name, address, Warrant number, telephone, mobile and fax numbers, email address and website address) of the respective Perit or partnership are to be carried.

Agreement has been reached with the publishers of the Yellow Pages to expand the range of styles that can be carried in the publication and six types were agreed to. These are referred to by the publishes as normal and bold listings, extra lines and standard in-column text boxes. Samples of these types, using details of the Kamra as a specimen are shown below.

It is to be noted that no extra wording besides those indicated in the specimens shown, except for the Warrant number, will be allowed.

It is earnestly hoped that this arrangement is to the satisfaction of all and that all listing in the next publication of Yellow Pages will be in accordance with the contents of this directive. The Kamra has the assurance of Yellow Pages (Malta) Ltd that they will be abiding by this agreement and for this we thank them.

Do not hesitate to contact the undersigned for any further clarifications.

Perit Simone Vella Lenicker
Honorary Secretary

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