Almost any socially significant phenomenon should be regulated by law. Advertising is one of such phenomena. In the Russian Federation are binding 38-FZ "On advertising", establishing the basic principles of the advertisers. The bill will be considered in detail in the article.
The article 1 38-FZ "On advertising" defines the objectives of this regulation. The law is aimed at the development of markets for services, goods and works on the basis of fair competition. Thanks to competition can be ensured high-quality implementation of consumer rights. Advertising is one of the main engines of the competition. However, promotional activity needs to be controlled and this has been presented with the bill.
St. 3 38-FZ "On advertising" defines the concept of "advertising". According to the law, is distributed in any way, information, addressed to an indefinite circle of persons in order to attract attention to a specific product or service.
Chapter 1 of the Law "On advertising" tells about the main types of promotional activities. According to the normative act, it can be:
How can this be advertising? 38-FZ "On advertising", namely the second Chapter provides the answer to this question.
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Article 14 of 38-FZ "On advertising" establishes requirements for advertising on television. So, for example, is not allowed to interrupt religious programs, news and programmes lasting less than 15 minutes. Article 15 establishes similar requirements for commercial breaks in the broadcasts and radio programs.
Article 16 States the need to make notes with the inscription "advertisement" if we are talking about printed publications. Article 17 prohibits and does to put ads during the movie. The only option here - start small commercials or trailers before the session.
The Greatest number of claims the law establishes in article 19 that set forth the major requirements is the outdoor type. Is, for example, to allocate a ban on the installation of advertising structures covering road signs, or mandatory compliance regulations all outdoor advertising.
There is products, is prohibited or which does, or is subject to strict control. This, for example, alcohol, cigarettes, drugs, securities, jewels, etc. Article 21 of 38-FZ "On advertising", for example, States on the prohibition of advertising alcohol, if the material has the following features:
If we are talking about drugs, the bans here are similar. You can add, is that the responsibility for creating impressions about the "irrelevance of treatment to the doctor", the prohibition on exaggerated data about the effect of a drug, etc.
Article 7 of 38-FZ "On advertising" (as amended) provides for certain types of goods, advertising which is strictly prohibited. What kind of products? Not difficult to guess, it products, the implementation of which is prohibited on the territory of the Russian Federation. This includes narcotic drugs, psychotropic substances, explosives, human organs or tissue products without state registration, tobacco products, Smoking accessories and also medical services for abortion.
This list quite often changes are made. It is worth remembering, for example, the decree of Dmitry Medvedev as President of Russia. Dmitry Medvedev has imposed a ban on the advertising of any alcoholic beverages. More recently, however, this ban was lifted.
What responsibility threatens negligent advertisers? This will be discussed a little further.
Chapter 4 38-FZ "On advertising" devoted to self-regulation in the advertising sector. What is this? According to article 31, it is about the creation of an Association of advertisers, contentneutral and disseminators of information. The creation of such a Union will help to protect the rights and interests of its members, and create more high-quality information products. But the most important part here is, perhaps, the control of the creators of advertising.
Self-regulatory organization may have the following rights:
The Law is, thus, quite detailed reglamentary activities of self-regulatory organizations.
Read Articles 33-35 on the rights of the advertisers during inspections by competition authorities. But what rights does the Antimonopoly service? That is what is enshrined in the law:
Do the same advertising company needs to submit to the Antimonopoly authority information on its work.
What capabilities, in accordance with the law "On advertising" have advertisers during inspections by the relevant authorities? Here it is necessary to highlight two main points:
What responsibility threatens violators of the Federal law of 13.03.2006 № 38-FZ "On advertising"? More on that later.
The Punishment of unscrupulous employees in the field of advertising is in accordance with the provisions of the Civil code of the Russian Federation. If one or the other is violated rights and interests of any person, you should contact the appropriate complaint with a court of arbitration or the court system of General jurisdiction (depending on the complaint). The case also joins the competition authority, whose task will include the proof of inconsistency with the law "On advertising" of certain types of activities that it engages in advertising the organization.
The Law establishes a rule according to which 40 % of the fine paid by unscrupulous advertisers will go to the Federal budget, and the rest - in regional.
...Article in other languages:
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HI: https://tostpost.com/hi/the-law/9352-13-03-2006-n-38-fz.html
JA: https://tostpost.com/ja/the-law/9352-13-03-2006n38-fz.html
ZH: https://tostpost.com/zh/the-law/10191-13-03-2006n38-fz.html
Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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