Croatia will soon have its first-ever Lobbying Act, aiming to regulate lobbying activities that are often perceived negatively and associated with murky and corrupt dealings. This perception stems largely from the absence of regulation and the fact that lobbying typically involves communication with public officials and decision-makers, amidst widespread distrust in politics and politicians in Croatia.
The tradition of lobbying dates back to ancient times, with modern interpretations linked to the United States in 1869, when President Grant referred to many visitors at the Willard Hotel – where he relaxed with drinks and cigars – as lobbyists seeking his support in Congress. The legal regulation of lobbying in the U.S. began in 1938 with the Foreign Agents Registration Act. The complexity of this area is evident in the fact that the U.S. has amended its Lobbying Act multiple times to minimize opportunities for inappropriate actions and enhance transparency.
In the European Union, lobbying practices are strictly regulated and highly transparent. In Croatia, lobbying activities intensified after joining the EU, as numerous new laws were enacted or existing ones adjusted, serving as a crucial link between the private and public sectors.
The term “lobbying” originates from the word “lobby,” which from the 17th century referred to the lobby of the House of Commons in the English Parliament, where representatives of various interest groups met with MPs to influence decision-making.
In public relations, we use the broader term “Public Affairs,” which involves communication with all publics to explain the organization’s, company’s, or institution’s views and perspectives during decision-making processes, while maintaining reputation and gaining stakeholder understanding.
Many public relations practitioners consider lobbying a subset of public relations, defining it as “a specialized part of public relations aimed at establishing and maintaining relationships with government bodies.” The Chartered Institute of Public Relations (CIPR) describes lobbying as “a discipline within public relations with the general intention to inform and influence public policy and law.” However, communication professionals, whose job descriptions include communication and building public relations, are often mentioned in a negative context regarding lobbying activities or simplistically as a profession for which lobbying should not be part of the job description. This often arises from a misunderstanding of what we actually do, as PR is still often equated with media relations.
There is nothing controversial about lobbying itself, nor about communication professionals engaging in lobbying. In countries with developed lobbying practices, lobbying and public relations often complement each other, with effective communication at the core. Of course, ethical behavior and transparency are imperative to maintain trust.As a profession, we can welcome the enactment of the Lobbying Act, as it will, as Minister Malenica himself stated, demystify the work of lobbyists.
However, the key issue is not in that, and as is customary when laws are enacted in Croatia, the “but” arises in this case as well.
Namely, this law still does not address the fundamental problem: unauthorized lobbying, primarily conducted by those referred to in the Lobbying Act as “lobbied persons.” Unfortunately, the increasing scandals we witness in the media have arisen from unauthorized lobbying by public officials.
These prominent figures in these scandals have been exclusively engaged in lobbying on various sides, not for the public good, but solely for personal interest.
It seems that this draft law also fails to clearly define the roles and obligations of lobbied persons, especially concerning transparent reporting of lobbying activities.
