The law "On advertising". Federal law N 38-FZ: the essence

In recent years, advertising has become incredibly much. It surrounds us everywhere: online, on the street, on television, etc. Naturally, such a vast and complex system as is should be subject to strict regulation. Federal law "On advertising" with comments will be reviewed in this article.

Scope

In accordance with the Federal law "On advertising" shows the process is a report of certain information by any lawful means, using any means and in any form. Information can be sent to the public. Addressed to it at the same time to attract attention to the subject process. The formation and maintenance of interest in a particular object - that is the main purpose of advertising.

The Scope of Federal law is quite large. So, the second article says about political advertising, informational or analytical materials, information about products, etc. All the requirements established by this law are, as a rule, the manufacturer of the goods, but apply to citizens, performing the services and advertising.

Promotional products Requirements

Article 5 of the Federal law "On advertising" establishes the basic requirements for advertising processes. The law says that these proceedings can be fair and unfair in nature. That is peculiar unfair advertising:

• The contents of incorrect or false information about the advertised product, and the products of other manufacturers;
• The availability of information discrediting the honor and dignity of the person, including competition;
• The presence of prohibited methods of advertising: presentation under the guise of another product, invalid trademark, incorrect information about the manufacturer, etc.

We should also talk about false advertisement. It contains:

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• The characteristics of the goods not corresponding to reality;
• Incorrect information about the benefits of the advertised product to another product;
• Inaccurate information about the terms of delivery, cost, product mix, etc.

Is in any case should not call for violence, illegal acts, contain pornographic materials, etc.

Types of advertising

Articles 7-10 of the Federal law "On advertising" fixed principal advertising processes. For example, article 7 specifies in the beginning that may not be advertised under any circumstances:

• Explosives
• Unregistered products;
• Items without certification;
• Products without a license;
• Products, the implementation of which is prohibited on the territory of the Russian state;
• Drug, tobacco, some alcoholic products;
• Medical abortion services.

The bill indicates the main types of advertising. There are:

• Social advertising;
• Political advertising;
• Advertising of products and services for remote method of sale;
• Advertising promotional events.

Some experts identify other classifications.

Advertising

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

• Television advertising. Is organized in accordance with the requirements of article 14 of this Federal law. Here refers to the inability to interrupt the religious and propaganda transmission and transfer, the duration of which is less than 15 minutes. Establishes norms tickers and duration of commercial breaks.
• Radio advertising. The main feature here - duration commercial breaks, the duration of which should not exceed 20% of the time the daily broadcast.
• Advertising in printed publications. Must be marked and should take no more than 45% of the volume of the publication.
• Is in the movie. Not allowed interruption of the tape. The only possible options - running line either showing it before the movie.
• Advertising on telecommunication. Not allowed this type of advertising without the consent of the recipient and the addressee.
• Outdoor advertising. Must be installed in accordance with the rules and regulations on the use of stands, billboards, electronic scoreboards, etc.

Thus, the Federal law "On advertising" provides for a fairly large number of rules and requirements.

Self-regulation

The Fourth Chapter of the Federal law "On advertising" (N 38-FL) speaks about the processes of self-regulation in the advertising area. What is this? The question here is about the Association of advertisers created to protect the interests of its members and representation. The Association shall be established and adhered to certain ethical standards, are ensured by strict control over these rules.

Self-regulatory advertising organizations have quite extensive rights. Here, in particular, is to provide:

• Representation of their legitimate interests;
• Appeals against regulatory acts in the court;
• The examination of cases by the Antimonopoly body;
• The development of the rules of professional conduct;
• Processing of complaints;
• Collect and store information about the members of the organization;
• The register of members of the organization.

Self - Regulation is quite common in advertising.

The Participation of the Antimonopoly body

It has already been mentioned about active participation of the Antimonopoly body in the advertising industry. This body, according to the Federal law №38 "On advertising", is entitled to exercise a sufficiently large number of functions. In particular, it is worth to highlight:

• The results advertisers injunctions of violations;
• The presentation in court of claims banning of a particular advertisement;
• Appeal to the arbitration court with the statement for invalidity of individual regulations of the local type;
• Compliance;
• Organization of audits and more.

By the way, check advertising companies carries out not only the competition authority. On inspection it is necessary to tell on.

Test ads

Article 35.1 of the Federal law "On advertising" (as amended on 28.03.2017) States that state supervision in the field of production and display advertising should be carried out in the manner prescribed by the laws of the Russian Federation. The subject is banal enforcement officials of the requirements established by the present Federal law. What should be the basis for inspections? That's what the law says:

• The expiration of the period of execution of orders on elimination of violations;
• Admission to state organs complaints and appeals from citizens;
• Identification of rough violations during inspections, failure to comply with advertising companies mandatory requirements;
• The presence of orders from managers on audits.

Check should last no longer than twenty working days. However, in exceptional cases may be extended.

Liability for violations

Federal Law No. 38-FZ "On advertising" establishes the responsibility of advertisers for violation of the established requirements. Thus, article 38 of the bill States that a violation of the legislation on advertising shall entail the civil liability of legal entities and individuals (from a number of individual entrepreneurs). The claim in arbitration court may deal with the detection by the Antimonopoly body of the facts of distribution of false advertising. Can be a criminal case about an administrative offense - for advertising agents and distributors.

Unscrupulous employees Paid advertising services fines go to the Federal budget - about 40 percent of the amount of the fine. 60 percent goes to the budget of the entity.