Recently, there has been an incredible amount of advertising. She surrounds us everywhere: on the Internet, on the street, on television, etc. Naturally, such an extensive and complex system as advertising should be subject to strict regulation. The federal law "On Advertising" with comments will be discussed in this article.
Scope of the law
In accordance with the Federal Law "On Advertising", the process presented is the reporting of certain information by any legal means, using any means and in any form. Information can be sent to an indefinite circle of people. It is addressed at the same time to attract attention to the object of the process. The formation and maintenance of interest in a particular object - this is what is the main goal of advertising.
The scope of the federal law is quite large. So, the second article says about political advertising, about reference-informational or analytical materials, about information about goods, etc. All the requirements established by this law, as a rule, apply to the manufacturer of the goods, but apply to citizens performing services and advertising.
Promotional Product Requirements
Article 5 of the Federal Law "On Advertising" sets forth the basic requirements for advertising processes. The law says that these processes can be bona fide and dishonest. Here is what is characteristic of unfair advertising:
- the content of incorrect or false information about the advertised product, as well as products of other manufacturers;
- the presence of information discrediting the honor and dignity of a person, including competitive ones;
- the presence of prohibited methods of advertising: a presentation under the guise of another product, an incorrect trademark, incorrect information about the manufacturer, etc.
Separately, it is worth talking about false advertising. It contains:
- product characteristics that are not true;
- incorrect information about the advantages of the advertised product over other products;
- Inaccurate information on delivery conditions, cost, assortment, etc.
Advertising should in no case call for violence, illegal actions, contain pornographic materials, etc.
Types of Advertising
Articles 7-10 of the Federal Law "On Advertising" enshrines the main types of advertising processes. So, article 7 first indicates that you can’t advertise under any circumstances:
- explosives;
- unregistered products;
- goods without certification;
- goods without a license;
- products whose sale is prohibited on the territory of the Russian state;
- narcotic, tobacco, some alcoholic substances;
- medical abortion services.
Further, the bill indicates the main types of advertising. It stands out:
- social advertisement;
- political advertising;
- advertising products and services with the remote method of its sale;
- promotional events promotion.
Some experts identify other classifications.
Advertising Features
Advertising, like any other phenomenon, has a number of features. In particular, there are:
- TV advertising. Organized in accordance with the requirements of Article 14 of this Federal Law. It speaks of the impossibility of interrupting advertisements for religious and campaign programs, as well as programs that take less than 15 minutes. The norms of the running line and the duration of commercial breaks are established.
- Radio advertising. The main feature here is the duration of commercial breaks, the duration of which should be no more than 20% of the time of daily broadcasting.
- Advertising in print media. It must be accompanied by a mark, and should occupy no more than 45% of the publication.
- Advertising in the cinema. Do not interrupt the tape. The only possible options are a running line or showing it before the movie.
- Telecommunications advertising. This type of advertising is not allowed without the consent of the subscriber and addressee.
- Outdoor advertising. It must be installed in accordance with the rules and regulations for the use of stands, billboards, electronic displays, etc.
Thus, the Federal Law "On Advertising" enshrines a fairly large number of rules and requirements.
About self-regulation
The fourth chapter of the Federal Law "On Advertising" (N 38-) describes the processes of self-regulation in the advertising field. What is this all about? We are talking about a union of advertisers, created in order to protect the interests of its members and representative offices. The association establishes and observes certain ethical standards, and ensures strict control over these standards.
Self-regulatory advertising organizations have fairly broad rights. Here, in particular, it is worth highlighting:
- representation of their legitimate interests;
- appeal of normative acts in court;
- consideration of cases by the antimonopoly authority;
- development of the rules of professional activity;
- filing complaints;
- collection and storage of information about members of the organization;
- maintaining a register of members of the organization.
Self-regulation is a fairly common phenomenon in the field of advertising.
Competition Authority
We have already mentioned above the active participation of the antimonopoly authority in the advertising field. This body, in accordance with Federal Law No. 38 "On Advertising", is entitled to perform a sufficiently large number of functions.
In particular, it is worth highlighting:
- issuance of advertisements for violations to advertisers;
- suing the court to ban a particular advertisement;
- appeal to the arbitration court with a statement on the invalidity of certain regulatory acts of a local type;
- application of measures of responsibility;
- organization of inspections and much more.
By the way, inspections of advertising companies are carried out not only by the antimonopoly authority. It is worthwhile to talk about conducting inspections further.
Advertising Checks
Article 35.1 of the Federal Law "On Advertising" (as amended on March 28, 2017) states that state supervision in the field of production and display of advertising should be carried out in the manner prescribed by the laws of the Russian Federation. The subject of inspections is the banal execution by officials of the requirements established by the Federal Law under consideration.
What should be the basis for conducting inspections? This is what the law says:
- expiration of the execution order for elimination of violations;
- receipt of state complaints and applications from citizens;
- identification of gross violations during inspections, failure by advertising companies to comply with mandatory requirements;
- availability of orders from managers to conduct inspections.
The audit should last no more than twenty business days. However, in exceptional cases, may be extended.
Responsibility for Violations
Federal Law No. 38- "On Advertising" establishes the liability of advertisers for violation of established requirements. Thus, article 38 of the bill states that violation of advertising legislation entails civil liability for legal entities and individuals (from a number of individual entrepreneurs). A lawsuit may be filed with an arbitration court when the antimonopoly authority reveals the facts of the distribution of false advertising. An administrative offense may also be instituted, mainly for advertising producers and advertising distributors.
Fines paid by dishonest employees of advertising services go to the federal budget - about 40 percent of the amount of the fine. 60 percent goes to the budget of the subject.