Almost any socially significant phenomenon should be regulated by law. Advertising is one such phenomenon. In the Russian Federation, it is mandatory to comply with 38- "On Advertising", which establishes the basic principles of the activities of advertisers. This bill will be considered in detail in the article.
Objectives of the Federal Law
Article 1 38- "On Advertising" defines the objectives of this regulatory act. The law aims to develop markets for services, goods and work based on the principle of fair competition. It is through competition that the quality realization of consumer rights can be ensured. Advertising is one of the main drivers of competition. However, advertising activities must be controlled, which is what the bill is doing.
Art. 3 38- "On advertising" defines the concept of "advertising". According to the law, this is information distributed in any way addressed to an indefinite number of persons in order to draw attention to a particular product or service.
Types of Advertising
Chapter 1 of the Law "On Advertising" describes the main types of advertising activities. According to the normative act, it can be:
- Promotional event advertising. The object of advertising can be various contests, games, events, etc.
- Social advertising companies. The object here can be almost everything that is somehow connected with the promotion of the right way of life. This, for example, the fight against alcoholism and smoking, the promotion of a healthy lifestyle, a story about family values, etc.
- Advertising of goods and services. This can be said to be a classic form of advertising aimed at attracting attention to a certain type of product. It is with this type of advertising that the greatest number of restrictions and requirements are imposed by the controlling authorities. Art. 19 38- "On Advertising", for example, states the technical regulations to which outdoor advertising must comply. Art. 20 establishes a similar regulation for vehicles.
How can advertising be distributed? 38- "On Advertising", namely its second chapter, provides an answer to this question.
Advertising distribution
Article 14 38- "On Advertising" establishes the requirements for advertising in television programs. So, for example, it is not allowed to interrupt advertising with religious programs, news, and also programs lasting less than 15 minutes. Article 15 establishes similar requirements for commercial breaks in radio programs and radio programs.
Article 16 states the need to make notes with the words โadvertisingโ in the case of print media. Article 17 prohibits advertising at all during a film screening. The only possible option here is to launch small clips or trailers before the start of the session.
The law establishes the largest number of requirements in Article 19, which enshrines the basic requirements for outdoor advertising. For example, it is worth highlighting the ban on the installation of advertising structures that cover road signs, or the mandatory compliance with all outdoor advertising regulations.
Advertising Features
There is a product whose advertising is either prohibited at all or subject to strict control. This, for example, alcohol, cigarettes, medicines, securities, jewelry, etc. Article 21 38- "On advertising", for example, states that it is prohibited to advertise alcohol if the material contains the following features:
- condemnation of abstinence from alcohol;
- appeal to minors;
- allegations of the alleged "socially important role" of alcoholic beverages, etc.
If we are talking about drugs, then the prohibitions are similar. You can add, perhaps, the responsibility for creating the impression of the "unnecessary treatment of a doctor", a ban on exaggerating data on the effect of a particular drug, etc.
Prohibition of certain types of advertising
Article 7 38-FZ "On Advertising" (as amended) enshrines certain types of goods whose advertising is strictly prohibited. What are these products? As you might guess, these are products whose sale is prohibited on the territory of the Russian Federation. This includes narcotic drugs, psychotropic substances, explosive materials, human organs or tissues, goods without state registration, tobacco products, smoking accessories, as well as medical services for termination of pregnancy.
This list is often amended. It is worth recalling, for example, the decree of Dmitry Medvedev as president of Russia. Dmitry Anatolyevich imposed a ban on the advertising of any alcoholic beverages. However, most recently this ban was lifted.
What is the responsibility of negligent advertisers? This will be discussed a little further.
About self-regulation
Chapter 4 38- "On Advertising" is devoted to self-regulation in the field of advertising. What is this all about? According to article 31, we are talking about creating an association of advertisers, content makers and distributors of information. The creation of such a union will help protect the rights and interests of its members, as well as create better information products. But the most important thing here is, perhaps, ensuring control over the creators of advertising.
A self-regulatory organization may have the following types of rights:
- development, installation and publication of organization rules;
- participation in the consideration of cases by the antimonopoly authorities;
- representation of the legitimate interests of members of the organization;
- control over the activities of members of the organization;
- challenging in court the complaints filed against the organization, etc.
The law on advertising, therefore, regulates in detail the activities of self-regulatory organizations.
State supervision
Articles 33-35 state the rights of advertisers during audits by antitrust authorities. But what rights does the antimonopoly service body itself have? Here is what is enshrined in the law:
- issuance of advertisers orders for violation of the law;
- issuance of the same instructions to state authorities, with information on the violations committed by one or another body;
- suing the arbitral tribunal;
- application of liability measures in accordance with the legislation of the Russian Federation;
- organization and conduct of checks for compliance with the requirements of the law, etc.
Advertising companies themselves must submit timely information about their work to the antimonopoly authority.
What opportunities, according to the Law "On Advertising", do advertisers possess during inspections by the relevant authorities? It is worth highlighting two main points:
- the right to familiarize yourself with the protocol or the course of the audit;
- the right to challenge decisions in a judicial proceeding.
What liability threatens violators of the Federal Law of March 13, 2006 No. 38-FZ "On Advertising"? About it further.
Advertiser Responsibility
Punishment of unscrupulous employees in the field of advertising takes place in accordance with the norms of the Civil Code of the Russian Federation. If a particular advertisement violates the interests and rights of a person, then it is worthwhile to file a corresponding complaint with the arbitration court or a court from the general jurisdiction system (depending on the complaint).
The antimonopoly authority will also enter the case, whose task will be to prove the non-compliance with the law "On Advertising" of certain types of activities carried out by the advertising organization.
The law sets the norm according to which 40% of the fine paid by an unscrupulous advertiser will go to the federal budget, and the rest to the regional budget.