PUBLIC RELATIONS AND ADVOCACY VERSUS LOBBYNG IN SPORT: A CASE STUDY OF THE REPUBLIC OF SERBIA AND COMPARATIVES INTERNATIONAL PRACTICE

UDK: 796:328.184

Nenad Vasić1; Daniel Heler2,3

1 Institute of International Politics and Economics, Belgrade, Serbia

2 University of Belgrade, Faculty of Political Sciences, Belgrade, Serbia

3 Charles University, Faculty of Social Sciences, Praha, Czech Republic

Introduction

Every mentioning of lobbying is important, for people and any person in particular. Also, professional lobbying appears to be essential. At the same time, many dilemmas and ambiguities are present as most people do not know what lobbying is, as well as how and what actually lobbyists do while performing their professional work. Thus, there are many issues and dilemmas related to lobbying and no one should be surprised that this is the case. In this scientific paper, we shall try to consider different aspects and dilemmas regarding lobbying, and also clarify the relationship between three partially related but essentially different professions: 1. public relations, 2. advocacy and 3. lobbying. In particular, the focus will be on the lobbying in sport. We will start, first with the re-actualization and thematization of lobbyist-related questions. What are lobbyists or who are they? The correct and simplest answer we can give is that they are lobbyists, people who formally or informally do lobby. Besides, it should be mentioned on this occasion, that not all the people, who are famous and powerful, are involved in lobbying. In order to simply understand what lobbying is, it is necessary to give a definition of the phenomenon. “Lobbying is a set of professional measures, practical skills and official legal procedures, implemented through the lobbyist’s relationship with the lobbied in the interest of the client”(Vasić, 2015). Lobbying is a part of lobbystology. In this context, a question inevitably arises: what is the lobbystology? Let’s clarify. Lobbystology is a brand new science in the corpus of the social sciences and humanities that was discovered and published for the first time in the world in 2015 in Belgrade, Republic of Serbia by scientist Dr. Nenad A. Vasić from the Institute of International Politics and Economics, and theoretically fully defined in 2017, when the book entitled Introduction to Lobbystology (in Macedonian Voved vo lobistologijata) was published for the first time in Skopje, then the Republic of Macedonia, with an international board of reviewers, which represented the first international recognition of lobbystology. “Lobbystology is the science of lobbystologists who study the theory and practice of different types of lobbying” (Васиќ, 2017). The first scientific recognition in the Republic of Serbia, was achieved in 2019 with the holding and subsequent publication of a hosting lecture of the scientist Dr. Nenad A. Vasić entitled: The relevance of lobbying in sport: National position of the Republic of Serbia and international perspectives (Vasić, 2019). After all that has been mentioned and clarified regarding lobbyists, lobbying and lobbystology, we should first analyse and comment on what is the differentia specifica in-between public relations, advocacy and lobbying in the modern world and in our case study of the Republic of Serbia. When we deal with the public relations, advocacy and lobbying, specifically lobbying in sport, we should point out the fact that it is not professionally treated and legally regulated in the same way internationally. In some countries, it is possible for established public relations professionals or lawyers to engage in lobbying, since often it is legally possible and socially acceptable, but sometimes it is not the case. Take, for example, the United States, where there is the Lobbying Act (United States Congress on December 19, 1995) and where anyone who wants to lobby is required to register and possess a license to legally lobby. All contracts between lobbyists and their lobbying firms are traditionally legal, public, and readily available at the United States Department of Justice. Therefore, in the United States, lobbyists are people who are engaged in any legal business or profession, being trained and duly registered in the register of lobbyists. “The term ‘lobbyist’ means any individual who is employed or hired by a client for financial or other compensation for services involving more than one lobbying contact, other than persons whose lobbying activities account for less than 20% of time spent in services, while the individual and client are engaged for more than six months” (Lobbying Disclosure Act, 1995). This bill requires to register and submit six-month reports to the Senate Secretary for all lobbyists paid for lobbying in Congress. U.S. lobbying legislation was amended by the 1998 Lobbying Disclosure Technical Amendments Act of 1998. Lobbyists are obliged to present their financial reports, which is quite understandable and acceptable. In January 2004, an omnibus ethical reform was carried out in the Senate, including the disputed Article 220 of the Law on Lobbying, which stated that the basis of lobbying is public communication of citizens with official representatives of the American government. After the protests of a large number of influential officials from various organizations, they pointed out that the influence of their representatives is the centre 307 of representative democracy. Finally, after the mentioned request and successful protests, by the decision of the American Senate, the disputed Article 220 was abolished on January 18, 2007. Prior to that, the Lobbying Transparency and Accountability Act of 2006 (H.R. 4975) was enacted. It has further improved the transparency in lobbying. As for the profession of lobbyist and lobbying companies, the Honest Leadership and Open Government Act, passed on September 14, 2007, is important. Contrary to the 1995 law, the current law on lobbying contains amendments with the aim of increasing the control of the work of registered lobbyists while prescribing new conditions for lobbying (110th Congress, Washington D.C. 2007). This law was signed by the then President of the United States of America, George Walker Bush Jr. Additionally, the attempt to regulate lobbying in the United States in 2007 was the Executive Branch Reform Act, (H.R. 985). Lobbying laws enacted in the United States contain the following provisions: A. definition of lobbying (what is officially considered lobbying and what is not), B. who are the subjects or actors of lobbying (clients and lobbying firms), C. administrative procedures as per the registration of a lobbying firm is handled, D. official report on implemented lobbying activities, E. economic elements and the way of functioning of lobbying firms, F. manner of termination and suspension of active work of lobbyists, G. the relationship and connection of lobbying laws with other applicable legislation and H. rights, obligations and responsibilities of lobbyist. In lobbystology and legal science, the American Law on Lobbying is considered a glaring example of good and successful legal regulation of the lobbyist profession. With the election of Barack Hussein Obama as the President of the United States and his arrival at the White House on January 21, 2009, two executive orders and three presidential memoranda were signed. One of those executive orders directly concerned lobbyists. There are three priority and binding legal principles of Obama’s executive order, as the President of the United States, which concerns the new obligations of lobbyists. • First, all those lobbyists who enter his service will not be able to perform lobbying activities, which also applies to the agency they worked for in the last two years. • Secondly, all those officials who leave his service will not be able to lobby in it for their clients while he is the President of the United States of America. • Third, officials are prohibited from receiving gifts from lobbyists. “1. Prohibition of lobbying gift. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee” (Obama, 2009). Already in the mentioned point 1, the officials of the administration are explicitly forbidden to receive any gifts from registered lobbyists and their lobbying companies. In the U.S. legal practice regarding lobbying, the provision of the institute of prohibition known as the Revolving Door, or the Cooling off Periods, is traditionally used. “2. Ban on the Revolving Door for all appointees entering the Government. I will not for a period of 2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts” (Obama, 2009). In addition to the above-mentioned prohibitions, an important provision of prohibitions on lobbyists is written in point 3 of the Obama’s executive order. “3. Revolving Door ban for lobbyists entering the Government. If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 6, I will not for a period of 2 years after the date of my appointment: (a) participate in any particular matter on which I lobbied within the 2 years before the date of my appointment (b) participate in the specific issue area in which that particular matter falls; (c) I will not for a period of 2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts” (Obama, 2009). The provisions of the Revolving Door Institute, the aforementioned act of the then President Obama, also apply to item 4 (regulates the departure of appointed officials from the Government and a ban on lobbying for 2 years), and item 5 (regulates the departure of appointed officials from the Government and their lobbying in it). However, despite all the efforts of former President Obama, his administration had a different approach and treatment of certain lobbyists. “Despite, some officials work in the administration, thanks to certain exceptions from the president’s executive decision” (http://www.voanews. com/serbian/news/Lobbying-Influencing-Policy-Part-Two-09-05-2010-102257629.html). In the campaign for the second presidential election in the United States in 2012, Barack Obama received money for the election campaign through consulting firms, associated with lobbyists. Thus, Eric Lichtblau, a New York Times journalist who conducted UDK: 796:328.184 308 the research, stated that 15 lobbyists through consulting firms in the presidential election are “involved in different aspects of the lobbying and influence industry, representing a range of corporate interests from telecommunications and high-tech software to Wall Street finance, international commerce and pharmaceuticals” (http://www.nytimes. com/2011/10/28/us/politics/obama-bundlers-have-ties-to-lobbying.html). Learning from the previous experience of former President Obama with lobbyists and the implementation of restrictions on their rights, the restriction of the rights of lobbyists was also implemented by the next President of the United States of America, Donald John Trump. In his election campaign, Trump had already announced the reduction of lobbyists’ rights. That didn’t happen long afterwards. After his triumph in the presidential elections in the United States of America, on November 8 2016, President Trump announced his program for the first 100 days of his rule in six points a day later. Of those six, three were directly related to lobbyists and their lobbying, which Trump shall conduct from the first day of his rule. “* FOURTH, a 5 year-ban on White House and Congressional officials becoming lobbyists after they leave government service; * FIFTH, a lifetime ban on White House officials lobbying on behalf of a foreign government; * SIXTH, a complete ban on foreign lobbyists raising money for American elections” (http://www.npr. org/2016/11/09/501451368/here-is-what-donald-trump-wants-to-do-in-his-first-100 -days). After the inauguration ceremony on January 20, 2016, US President Trump signed on January 28, 2016 – Executive Order: Ethics Commitments By Executive Branch Appointees. For lobbyists in the United States, Section 1, Ethical Pledge, is particularly relevant. According to this, every appointee in every executive agency appointed on or after January 20, 2017, shall sign, and upon signing shall be contractually committed to, the following pledge upon becoming an appointee: “As a condition, and in consideration, of my employment in the United States Government in an appointee position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law: “1. I will not, within 5 years after the termination of my employment as an appointee in any executive agency in which I am appointed to serve, engage in lobbying activities with respect to that agency. “2. If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions. “3. In addition to abiding by the limitations of paragraphs 1 and 2, I also agree, upon leaving Government service, not to engage in lobbying activities with respect to any covered executive branch official or non-career Senior Executive Service appointee for the remainder of the Administration. “4. I will not, at any time after the termination of my employment in the United States Government, engage in any activity on behalf of any foreign government or foreign political party which, were it undertaken on January 20, 2017, would require me to register under the Foreign Agents Registration Act of 1938, as amended. “5. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee. “6. I will not for a period of 2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts. “7. If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 6, I will not for a period of 2 years after the date of my appointment participate in any particular matter on which I lobbied within the 2 years before the date of my appointment or participate in the specific issue area in which that particular matter falls. “8. I agree that any hiring or other employment decisions I make will be based on the candidate’s qualifications, competence, and experience. “9. I acknowledge that the Executive Order entitled ‘Ethics Commitments by Executive Branch Appointees,’ issued by the President on January 28, 2017, which I have read before signing this document, defines certain terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that Executive Order as a part of this agreement and as binding on me. I understand that the obligations of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Government service” (https://www.whitehouse.gov/the-press-office/2017/01/28/ executive-order-ethics-commitments-executive-branch-appointees). In contrast to the United States, in the European Union (Lađevac, 2016), which is an international organization sui generis with international legal subjectivity, there is a Register in which all registered lobbyists are signed, but there is no central law on lobbying. Besides, the legal regulation of lobbying has been done except for few member states of the European Union, such as: the Republic of Austria, the Republic of Slovenia, the Republic of Poland and the Republic of Lithuania. UDK: 796:328.184 309 As of 23 June 2011, all individuals and representatives of lobbying firms lobbying the European Commission and the European Parliament have been required to register in the Transparency Registe (http://europa.eu/transparency-register/). In relation to the old Register of Lobbyists, the possibility of lobbying has been extended to law firms, non-governmental organizations, think tanks, i.e. all individuals and representatives of organizations dealing with the creating of public policies in the European Union, but also in their implementation. An active campaign for the introduction of the Register of Lobbyists in Brussels was led by representatives of the Alliance for Lobbying Transparency and Ethics Regulation (ALTER-EU) (http:// www.alter-eu.org/). The ALTER-EU was created as a reaction to the European Transparency Initiative (ETI), in Brussels in June 2005. In the history of lobbying in the European Union, it has been noted that the changes of the Transparency Register were opposed by officials of two lobbying associations, who wanted to preserve a lesser degree of publicity and old privileges: a) The European Public Affairs Consultancy Association – EPACA and b) Society of European Affairs Professionals – SEAP. Professional opposition to the introduction of the Transparency Register was also expressed by commercial lobbyists who are dominant among lobbyists in Brussels and Strasbourg. The process of re-registration in the Transparency Register lasted a year and was completed on June 23, 2012. The statistics (http://europa.eu/transparency-register/) of the Transparency Register of the European Parliament and the European Commission as of October 29, 2020, had 12,024 registered legal actors. Out of that, the most numerous are business lobbyists, 6,377 of them. In second place are lobbyists of non-governmental organizations (NGOs), 3,263. In third place are Think tanks, research and academic institutions, 907. Fourth place occupy professional consultants, lawyers and independent consultants, 850 of them. In fifth place there are organizations representing local, city and regional authorities, other public and mixed actors, 568. In sixth place organizations representing church and religious communities, 59.

For all registered lobbyists in the European Union, a binding “Code of Conduct”(https://ec.europa.eu/ transparencyregister/public/staticPage/ displayStaticPage.do?reference=CODE_OF_CONDUCT&locale=en#en) is also important. If someone wants to succeed in international business, they should have active communication with lobbyists “in Washington and Brussels”(Mahoney, 2007). In our case of the Republic of Serbia, although the Law on Lobbying was passed on November 9, 2018 in the National Assembly of the Republic of Serbia, the provision of Article 4 enables lobbying ever in case of unregistered lobbyists who are unjustifiably and unnecessarily equated with registered lobbyists. “Lobbying may be performed by a natural person registered in the Register of Lobbyists, in accorUDK: 796:328.184 310 dance with this Law (hereinafter: lobbyists) or a company, i.e. an association registered in the Register of Legal Entities Performing Lobbying in accordance with this Law (hereinafter: legal entity conducting lobbying). Lobbying may be performed by a natural person who is not registered in the Register of Lobbyists if he/she is a legal representative or is employed by a lobbying user or represents interests of an association or company of which the lobbying user is a member (hereinafter: unregistered lobbyist)” (Zakon o lobiranju, 2018). Unregistered lobbyists should be gotten rid of by the first amendment to the Law on Lobbying.

Public relations and lobbying

Lobbyists are in a business relationship with media professionals as well, influencing public opinion through public relations. Every lobbyist who is professionally engaged in political lobbying, for example, should very carefully and responsibly strike a balance between public relations skills and lobbying strategy, in order to enable the formation and to direct the development of a coalition of common interests in the desired direction. In this way, a lobbyist engaged in political lobbying influences the creation of “public opinion in support of the goals set by politicians, which will then help them to make decisions more easily and justify these to themselves and to the public”(Dejvis, 2005). However, most lobbyists do care that, and it is understandable and justified, not to be included as a part of public relations. All of them usually want to be independent, to have their own identity, but also to acquire and preserve professional credo. To achieve their goals, lobbyists are actively using public relations resources. Lobbyists are not part of public relations, rather the opposite: public relations is a part of lobbying. “Successful public relations depends on achieving an effective connection of public relations organization and wise management” (Filipović, Kostić – Stanković, 2008). Therefore, in lobbying there is what we call influence managment.

Advocacy and lobbying

Advocate is a term that originated from the Latin word advocatus, from voco ad which means I call, specifically I call for help. In fact, a lawyer is essentially a person who, in accordance with the valid constitution and other legal regulations of the state in which he/she performs professional activities, practices law. The profession of lawyer (Sibinović, 2019) is highly specific and important both for people who are lawyers and for the users of their services. The occupation of a lawyer is to represent his/her clients in court proceedings, and, if necessary, in organizations or institutions of the state administration. In this regard, lobbyists can represent their clients, and sometimes lobby for their own interests, as lawyers do. According to the Code of Professional Ethics of Lawyers adopted by the members of the Serbian Layers Association at the meeting on February 11, 2012, all lawyers are not prohibited from lobbying in their work. In Part II – Principles, in the provision of Article 11, item 11.3, which concerns incompatibility, it is strictly stated which of the functions are compatible with the advocacy and which are not. “It is incompatible with the advocacy to practice any other profession and activity at the same time, except in the fields of science, literature, art, journalism, legal education, mediation, humanitarian work, translation and sports (Advokatska komora Srbije, 2012). In, Part IV – Inadmissible Acquisition of Clients, in the already mentioned Code of Professional Ethics of Lawyers, all lawyers are strictly prohibited by Article 17 advertising, Article 18 unfair competition, and finally by Article 19 dishonest or other illicit acquisition of clients. Contemporary lobbyists, in order to succeed in the business, actually need to find connections between lobbying, public relations and advocacy (Gelak, 2008) (public representation). “Thus, advocacy is a central function of both public relations and lobbying”(Berg, 2009). Therefore, most lobbyists are fully aware that without using public relations, they diminish the possibility of their success in the lobbying process. However, for a lobbyist, just like for a lawyer, the most important thing is to have clients. The business rating directly depends on the number of clients and the success of the lawyer or lobbyist. The fact is that both lawyers and lobbyists need to be visible and recognizable among people who voluntarily are their clients in any society and state, primarily an internationally recognized member state of the United Nations. In the Republic of Serbia according to the mentioned Law on Lobbying (Provisions of Articles 2 and 4, paragraph 1, Article 8, paragraph 1 and 2), but also the provisions of the Law on Advocacy (provisions of Article 2, paragraph 1, Article 3, Item 6, Article 21, paragraphs 1 and 2) a person whose profession is a lawyer (Agencija za sprečavanje korupcije, 2020) may engage in lobbying as an activity, with the obligation to act legally, transparently, ethically and last but not least responsibly.

Lobbying in sport

From the point of view of the lobbystology, a successful combination of sport and lobbying is the sport lobbying. In this context, a justifiable accompanying question arises: what is the sport lobbying? Here are the scientific definitions, from the standpoint of the lobbystology – sport lobbying. UDK: 796:328.184 311 “Sport lobbying is a set of professional measures, practical skills and official legal procedures, implemented through the lobbyist’s relationship with the lobbyied in the interest of the client” (Vasić, 2019). Besides, let us also mention this: sport lobbying can be constituted as an independent scientific discipline in the sport science, i.e. the science of sport, as its integral part in the corpus of social sciences and humanities. Let´s clarify the sport lobbying scientifically and theoretically. The subject of the sport lobbying is the study of sport, specifically of a sport task, which the lobbyist forms as the subject of his/her lobbying, and which is contractually ordered as an obligatory relationship in the domain of the obligation law by a known client, and of course in his interest. The method in the sport lobbying is the influence on a lobbyied, that is, on the person who decides on someone or something. Influence can also be exerted on a group of people, who also make decisions about someone or something. If a man is an athlete, powerful and involved, so he/she got elected or selected to power in one of the organizations and institutions of a democratic state, such as the government or one of the ministries, but which is also the case in one of many international sport organizations, it does not mean a priori that he/she is also a professional lobbyist. In order to be a professional lobbyist, it is necessary to be legally recognized and acknowledged, i.e. to be a licensed lobbyist in a lobbying system, as is the case with the lobbying system of the Republic of Serbia. In a smaller number of states and societies, lobbying is regulated by bylaws, and also in these cases accreditation is often required. At the same time, athletes who would also like to professionally engage in lobbying in sport clubs, sport federations, the President’s Office, ministries of the national government, judicial system where lobbyists are allowed to lobby, and relevant international sport organizations, where lobbying is allowed too, but also in diplomatic lobbying, they need to have certain specialized knowledge and skills. They do so in order to influence public decisions, official legal processes and procedures as well as sport policy guided by the interests of actors involved in certain sport, political or diplomatic affairs.

Final considerations

In this scientific paper, various aspects and dimensions of public relations, advocacy and lobbying in sport with comparative international practice are considered. Public relations and advocacy, as professions, appears to be the opposite of lobbying, and specifically lobbying in sport, according to the previously found and expertly commented arguments. Thus, there we find different professions, legal regulations, but also codes of ethics in conduct and management. However, lobbying is the profession that unites them, because their common characteristic is the impact on people with all the rights, obligations and responsibilities, in addition to the mentioned prohibitions. Considering that lobbying is a recognized and affirmed profession, it should also be in the Republic of Serbia, since now that is not the case or legal possibility. Lobbying in sport is certainly important for all athletes, sport federations and international sport organizations as well as for all those people who are involved in the sport lobbying. For that reason, people who play sports should be educated in order to realize their various sport, professional and general interests. Lobbying in the Republic of Serbia, and so lobbying in sport, can be conducted by all those people who have obtained the legal license from the Agency for Prevention of Corruption of the Republic of Serbia in Belgrade, after successfully completing required course, be it public relations professionals or lawyers.

References

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