Law on Advertising. Federal Law No. 38-FZ: the essence of

Recently, advertising has become incredibly much. It 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 analyzed in this article.

Scope of the law

In accordance with the Federal Law "On Advertising" the submitted process is the delivery of certain information by any legal means, using any means and in any form. Information can be directed to an undefined circle of people. It is addressed in this case to draw attention to the process object. Formation and maintenance of interest in a particular object - this is the main purpose of advertising.

The scope of the Federal Law is quite large. So, the second article is about political advertising, reference information or analytical materials, information about products, etc. All the requirements established by this law, usually refer to the manufacturer of the goods, but apply to citizens performing services and work on advertising.

Requirements for promotional products

Article 5 of the Federal Law "On Advertising" establishes the basic requirements for advertising processes. The law says that these processes can be conscientious and unfair. Here is what is characteristic of dishonest advertising:

• The content of incorrect or deceitful information about the advertised product, as well as about the goods of other manufacturers;
• Availability of information discrediting the honor and dignity of a person, including a competitor;
• The presence of prohibited methods of advertising: presentation under the guise of another product, an incorrect trademark, incorrect information about the manufacturer, etc.

Separately it is necessary to tell about unreliable advertising. It contains:

• Characteristic of the goods, not corresponding to reality;
• Incorrect information about the advantages of the advertised product over other products;
• Unreliable information about the terms of delivery, about the cost, about the assortment, etc.

Advertising in no way should call for violence, illegal actions, contain pornographic materials, etc.

Types of advertising

Articles 7-10 of the Federal Law "On Advertising" fix the main types of advertising processes. Thus, Article 7 specifies in the beginning that it is impossible to advertise under any circumstances:

• explosives;
• Unregistered products;
• Goods without certification;
• Goods without a license;
• Products, the sale of which is prohibited on the territory of the Russian state;
• Narcotic, tobacco, some alcoholic means;
• Medical abortive services.

Further, the bill indicates the main types of advertising. Here stand out:

• social advertisement;
• Political advertising;
• Advertising products and services for a remote way of selling it;
• Advertising stimulating activities.

Some specialists distinguish other classifications.

Features of advertising

Advertising, like any other phenomenon, has a number of features. In particular, here are present:

• TV advertising. Organized in accordance with the requirements of Article 14 of this Federal Law. Here it is said that it is impossible to interrupt advertising with religious and propaganda programs, as well as programs that take less than 15 minutes to complete. The norms of the running line and the duration of commercial breaks are established.
• Radio advertising. The main feature here is the length of advertising breaks, the duration of which should not exceed 20% of the daily broadcasting time.
• Advertising in printed publications. Should be accompanied by a note, and should occupy no more than 45% of the volume of the publication.
• Advertising in the cinema. Do not interrupt the tape. The only possible options - a running line or showing it before the movie.
• Advertising on telecommunications. This type of advertising is not allowed without the consent of the subscriber and the addressee.
• Outdoor advertising. It should be installed in accordance with the norms and rules for the use of stands, billboards, electronic displays, etc.

Thus, the Federal Law "On Advertising" fixes a fairly large number of rules and requirements.

About self-regulation

The fourth chapter of the Federal Law "On Advertising" (No. 38-FZ) narrates about the processes of self-regulation in the advertising field. What is this? It is here about the merger of advertisers, created in order to protect the interests of its members and representation. The association establishes and respects certain ethical standards, provides strict control over these norms.

Self-regulatory advertising organizations have fairly wide 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 body;
• Development of rules of professional activity;
• Processing of complaints;
• Collection and storage of information about the members of the organization;
• Keeping a register of members of the organization.

Self-regulation is quite a frequent phenomenon in the field of advertising.

The participation of the antimonopoly authority

We have already mentioned the active participation of the antimonopoly body in the advertising sphere. This body, according to Federal Law No. 38 "On Advertising", has the right to carry out a sufficiently large number of functions. In particular, here it is worth highlighting:

• Issuing orders to advertisers about violations;
• Filing a lawsuit against a certain advertisement;
• Appeal to the arbitration court with a statement on the invalidity of certain local regulations;
• Application of measures of responsibility;
• Organization of inspections and much more.

By the way, the audit of advertising campaigns is carried out not only by the antimonopoly authority. On the conduct of audits should be told 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 accordance with the procedure established 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 in question. What are the grounds for conducting the audits? This is what the law says:

• Expiration of the time limits for executing the order to eliminate violations;
• Receipt of complaints and applications from citizens in state bodies;
• Identification of gross violations during inspections, failure of mandatory requirements by advertising companies;
• The presence of orders from managers to conduct inspections.

The review should not take more than twenty working days. However, in exceptional cases, it can be extended.

Liability for violations

Federal Law No. 38-FZ "On Advertising" fixes the responsibility of advertisers for violating established requirements. Thus, Article 38 of the draft law states that violation of the legislation on advertising entails civil liability for legal entities and individuals (from a number of individual entrepreneurs). The claim in the arbitration court can arrive when the antimonopoly body reveals the facts of distribution of unreliable advertising. A case can also be brought about an administrative offense - mainly for advertising producers and advertising distributors.

Penalties paid by unscrupulous employees of advertising services come to the federal budget - about 40 percent of the fine. 60 percent goes to the budget of the entity.