Information law. Advertising (most important)

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Information law. Advertising (most important)

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84. ADVERTISING

Federal Law "On Advertising" regulates relations arising in the process of production, placement and distribution of advertising in the markets for goods, works, services (hereinafter referred to as goods) of the Russian Federation, including the markets for banking insurance and other services related to the use of funds by citizens (individuals) and legal entities, and as well as the securities markets.

Objectives of the Law are protection against unfair competition in the field of advertising, prevention and suppression of inappropriate advertising that can mislead its consumers or harm the health of citizens, property of citizens or legal entities, the environment, or harm the honor, dignity or business reputation of these persons, as well as infringing on public interests, principles of humanity and morality.

Advertising - information disseminated in any form, by any means about an individual or legal entity, goods, ideas and undertakings, intended for an indefinite circle of persons and designed to generate or maintain interest in these individuals, legal entities, goods, ideas and undertakings and promote the sale of goods , ideas and initiatives.

Improper advertising is unfair, unreliable, unethical, knowingly false and other advertising, which violates the requirements for its content, time, place and method of distribution established by the legislation of the Russian Federation.

Counter-advertising - refutation of improper advertising, distributed in order to eliminate the consequences caused by it.

Advertising must be recognizable without special knowledge or without the use of technical means, precisely as advertising immediately at the time of its presentation, regardless of the form or the means of distribution used.

Advertising on the territory of the Russian Federation is distributed in Russian and, at the discretion of advertisers, additionally in the state languages of the republics and native languages of the peoples of the Russian Federation. This provision does not apply to radio broadcasting, television broadcasting and print publications carried out exclusively in the state languages of the republics, native languages of the peoples of the Russian Federation and foreign languages, as well as to registered trademarks (service marks).

The use of objects of exclusive rights (intellectual property) in advertising is allowed in the manner prescribed by the legislation of the Russian Federation.

Advertising should not incite citizens to violence, aggression, incite panic, and also incite dangerous actions that can harm the health of individuals or threaten their safety.

Advertising should not encourage actions that violate environmental laws.

Legal entities or citizens violating the legislation on advertising bear civil liability in accordance with the legislation of the Russian Federation.

Persons whose rights and interests have been violated as a result of improper advertising have the right to apply in accordance with the established procedure to the court, arbitration court with claims, including claims for damages, including lost profits (i.e. lost income), for damages, caused to health and property, compensation for non-pecuniary damage, as well as a public refutation of inappropriate advertising.

Author: Yakubenko N.O.

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