5 federal law on advertising. Federal law "on advertising" in simple words

10.10.2019

Recently, there has been an incredible amount of advertising. It surrounds us everywhere: on the Internet, on the street, on television, etc. Naturally, such a vast 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 presented process is the communication of certain information in any legal way, using any means and in any form. Information may be sent to an indefinite circle of persons. It is addressed at the same time to draw attention to the object of the process. The formation and maintenance of interest in a particular object - that's what is the main goal of advertising.

The scope of the federal law is quite large. Thus, the second article speaks of political advertising, reference and information or analytical materials, information about goods, etc. All requirements established by this law, as a rule, apply to the manufacturer of goods, but apply to citizens performing services and advertising work.

Requirements for promotional products

Separately, it is worth talking about false advertising. It contains:

characteristics of the goods that do not correspond to reality;
incorrect information about the advantages of the advertised product over other products;
false information about delivery conditions, cost, assortment, etc.

Types of advertising

social advertisement;
political advertising;
advertising of products and services in the remote way of its sale;
promotional advertising.

Some experts distinguish other classifications.

Advertising features

About self-regulation

The fourth chapter of the Federal Law "On Advertising" (N 38-FZ) tells about the processes of self-regulation in the advertising field. What is it all about? We are talking here about an association of advertisers created in order to protect the interests of its members and representation. The association establishes and observes certain ethical standards, provides strict control over these standards.

representation of their legitimate interests;
appeal against normative acts in court;
consideration of cases by the antimonopoly authority;
development of 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 occurrence in the advertising industry.

Participation of the antimonopoly body

It has already been mentioned above about the active participation of the antimonopoly authority in the advertising field. This body, according to Federal Law No. 38 "On Advertising", has the right to carry out sufficient a large number of functions.

In particular, here it is worth highlighting:

issuance of infringement notices to advertisers;
filing lawsuits in court to ban a particular advertisement;
applying to the arbitration court with a statement about the invalidity of certain local regulations;
application of measures of responsibility;
organization of inspections and much more.

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 must be carried out in accordance with the procedure established by the laws of the Russian Federation. The subject of inspections is the banal fulfillment by officials of the requirements established by the Federal Law under consideration.

What should be the basis for inspections? Here's what the law says:

expiration on the elimination of violations;
receipt of complaints and applications from citizens to state bodies;
detection of gross violations during inspections, failure by advertising companies to comply with mandatory requirements;
availability of orders from managers to conduct inspections.

The verification should last no more than twenty working days. However, in exceptional cases it may be extended.

Responsibility for violations

Federal Law No. 38-FZ "On Advertising" establishes the liability of advertisers for violation of established requirements. Thus, article 38 of the draft law states that violation of advertising legislation entails civil liability for legal and individuals(from a series individual entrepreneurs). A lawsuit may be filed with an arbitration court if the antimonopoly body reveals facts of dissemination of unreliable advertising. A case can also be initiated on an administrative offense - mainly for advertising producers and advertising distributors.

Fines paid by unscrupulous 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.

Advertising activity in our country is regulated. However, this happens in the entire civilized world. There is such a normative act as federal law 38 FZ "On Advertising". We are talking about document No. 38-FZ, adopted on March 13, 2006. Its last edition is dated March 08, 2015.

What is the point?

Federal Law 38 "On Advertising" aims to eliminate unfair competition in this area. Its meaning is to protect consumers from harmful effects. Ads that are capable of misleading, causing quite tangible harm to property or health are recognized as such. In addition, such intellectual property can undermine reputation or dignity.

Which areas of the law on advertising does not apply

These include its political variety (including pre-election campaigning and related to the referendum), information that the law obliges to disclose or bring to the consumer without fail, analytical and reference material (market reviews, Scientific research). All this is not intended to promote the product.

Further, information of authorities, state, local self-government, which is not of a commercial nature and is not related to social advertising, should be mentioned. The same kind of signs and signs also belong to this category of intellectual property. We should also mention the announcements of various entities, both legal entities and individuals, not related to income generation.

What else?

The law also does not cover the information that is placed on the packaging (information about the manufacturer, etc.) and any design elements related specifically to this product, and not to an outsider.

That information about the object, which is naturally "inscribed" in a work of art or science, mentions the manufacturer or seller and does not have a commercial purpose, also belongs to this category.

Federal Law "On Advertising" N 38 FZ - basic concepts

Let's define terms. Advertising is understood as any information, regardless of the type and method of placement, the addressee of which is a wide range of people. Its purpose is to draw attention to the mentioned product (service) for sale or promotion on the market.

Another concept is the object of advertising. It can be a product, its manufacturer or seller, an event (concert, festival, competition, competition), intellectual achievement. In a word, this includes everything that requires attention.

A commodity is a product of activity (including works and services) intended for sale, exchange and other types of turnover.

Other concepts

What other terms does the federal law “On Advertising” use? There are not so many of them. For example, the so-called inappropriate advertising is understood as one that contradicts the requirements of Russian legislation. But how are the subjects, i.e., the actors, called here?

Advertisers, producers and distributors are persons engaged in the manufacture or sale of goods, respectively, bringing information into a commercial format and bringing it to the consumer in any way. These three categories of subjects are closely interconnected and serve as links in the same chain.

As you know, whoever pays orders the music. Sponsored advertising is one, the prerequisite of which is the mention of a certain person as a "benefactor".

In addition, there is a social version of it. Under it, the federal law "On Advertising" means non-commercial information to achieve the goals of charity, etc.

The solution of all the mentioned issues is within the competence of the federal antimonopoly body, as well as its local representatives.

What is required from Russian advertising?

What kind can they be?

any of its characteristics, consumer qualities, service life and shelf life, assortment and configuration;
place of origin and the availability of certificates, the possibility of buying in a specific place or within a certain time;
cost or price, payment procedure, discounts, tariffs and other monetary matters;
the conditions under which delivery, repair, exchange, maintenance of this product are made, about its warranty conditions.

What other information could be wrong?

Information about the most different rules and the timing of events, the number of prizes/winnings and the order in which they are received.

This also includes any information about persons who are manufacturers or sellers of this product.

What shouldn't advertising do?

There are certain actions that are not allowed. Their advertising law is strictly prohibited. This is, first of all, a call for illegal actions, cruelty and violence. Further mention should be made of the creation of a threat to the safety of transport by the similarity of some symbols with road signs. Another is the formation of condemnation of those who do not use the advertised product, or the use of pornographic information.

The Law "On Advertising" was adopted on March 13, 2006. The bill regulates comprehensive requirements for materials containing information of an advertising nature, methods of transmission, imposes a ban or reduces the advertising of certain types of goods and establishes the basic principles of municipal control in this area.

Federal Law No. 38-FZ consists of 6 chapters and 40 articles. Short review gives the reader an idea of the content of this bill:

general information about the tasks, requirements, terminology, etc.;
characteristics of dissemination methods various types advertising;
nature of advertising of special types of products;
a union of advertisers empowered to protect the interests of its representatives and to create and regulate compliance with ethical standards for the use of advertising notices;
government control in the field of advertising and types of liability for violation of the provisions of the Federal Law;
final provisions.

The last amendments were made by the President on April 1, 2017. However, the law also has a new version, which will come into force only on September 1, 2017.

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Last changes

The last changes were made on April 1st of the current year. Let's take a look at the changes that have been made:

Article 3

Article 3 of the Law "On Advertising" is valid from the last edition of May 13, 2009. Since then, no new amendments have been made to it. This article talks about the basic concepts that are used in the Federal Law. Terms are given with a brief explanation. There are 12 terms in total:

advertising- brief information about the product, designed to promote it on the market and maintain interest in it;
object of advertising– an object that needs to be announced and promoted on the market;
product— object/work/service to be sold;
inappropriate advertising- a type of material that does not meet the standards of the law of the Russian Federation;
advertiser- a manufacturer / seller who promotes his product with the help of advertising;
advertising producer - a person who comes up with an announcement for a product;
advertising distributor - a person who distributes notices, informational type in any way and in any form;
consumers of advertising the public (potential buyers) whose interest should be aroused by the advertisement;
sponsor- a person who helps financially;
sponsored advertising material that is released with the obligatory mention of the sponsor in it;
social advertisement- material that is aimed at charity and protecting the interests of the state;
antitrust authority is the national antimonopoly authority.

These concepts help to better understand Federal Law No. 38-FZ.

Article 16

Article 27

apply to persons under the age of 18;
to mislead that gambling is a method to earn money for a livelihood;
to assure that the risks are minimal, and the probability of winning is greater than it actually is;
contain evidence of receipt of winnings by persons who did not receive it;
assure that gambling will lead to public recognition and success;
speak negatively about persons who do not participate in gambling;
create the effect that winnings are guaranteed;
use human and animal images.

Amendments have already been made to the second part of Law No. 38-FZ. Advertising is allowed:

in TV and radio programs from 10 pm to 7 am, but advertising of bookmakers is allowed at any time, if the duration is no more than 20% of the total time;
in buildings where gambling is held, except for transport infrastructure buildings;
in newspapers, magazines, etc.

Also, the Law No. 38-FZ introduced clauses describing where advertising is allowed:

conducted by the organizers in betting shops - in newspapers, magazines and other printed publications of a physical culture and sports nature, on the Internet;
in sports facilities;
on sports uniforms of players or in sports clubs.

Notices of information type must contain by law:

prize draw period;
information about the organizer, rules of conduct, period, place and time of receiving prizes.

However, there is already a version of the law, which will come into force in early September this year. The following articles have been amended:

Article 5

Law No. 38-FZ describes the requirements applicable to advertising materials. Initially, it consisted of 11 points, but in the new edition, 12 points were introduced. It states that in the case of placement, based on the data obtained from the analysis of the volume of the audience, advertising on a TV channel, advertisers and distributors must use the specified information in accordance with the agreements they have concluded with organizations. These organizations are authorized to conduct research by the federal executive service, which performs the functions of control and supervision in the media.

Otherwise, advertising must be reliable and fair. It must be in Russian - this is a prerequisite. The law prohibits advertising that encourages aggression and violence. Advertising materials must not interrupt children's, religious and educational programs. This is possible only with the consent of the copyright holder. Ads should not appear more than once every 15 minutes.

Article 38

Describes the responsibility that advertisers and distributors bear for violating Federal Law No. 38-FZ:

physical and the legal entity will be liable under the Civil Code;
persons whose interests were violated in the course of advertising may apply to the court / arbitration court and demand damages, compensation for moral damage, refute the information announced in the advertising material, etc.;
if advertisers, distributors and manufacturers violate the law, they will be punished in accordance with the Code of Administrative Offenses;
an advertiser who violated the requirements for the content of information in an advertisement, prescribed in parts 2-8, 12 (added in new edition) art.5, art. 6-9, Parts 4-6 of Article 10, Article 12, Part 3 of Article 19, Parts 2 and 6 of Article 20, Parts 1, 3, 5 of Article 21, Articles 24 and 25, Parts 1 and 6 of Article 26, Parts 1 and 5 of Article 27, Articles 28-30.1 of this Federal Law, will be liable;
distributors will be liable for violation of the requirements regarding the place, time and means of advertising, prescribed in paragraph 3, part 4, paragraph 6, part 5, part 9-10.2 (deleted parts 10, 10.1), 12(added in new edition) Art.5, Art.7-9, 12, 14-18, Parts 2-4 and 9 Art.19, Parts 2-6 Art.20, Parts 2-5 Art.21, Parts 7-9 Article 24, Article 25, Parts 1-5 Article 26, Parts 2 and 5 Article 27, Parts 1, 4, 7, 8, 11 and 13 Article 28, Parts 1, 3, 4 , 6 and 8 Article 29, Parts 1 and 2 Article 30.1 of this Federal Law;
the advertising producer will be punished for violating the requirements for the design, production and preparation of advertising in parts 6-7 of this article;
fines fall into the federal budget in the amount of 40%, and into the budget of the constituent entity of the Russian Federation - 60%.

These are all the latest changes that are expected in the future in the law "On Advertising".

The latest version of the law on advertising in the Russian Federation was published on October 10, 2015. The first text was approved by the Duma on February 22, 2006. As in all other cases, in the course of its work, the Federal Law was constantly supplemented, and some of its dispositions and provisions lost their legal meaning, and therefore were immediately canceled. Next, we will acquaint you with the latest developments in the field of promotion of alcohol, tobacco products, medical services and goods.

Changes in the law on advertising for 2016

The current text of the law has also undergone some revisions over the past few years. In particular, now Article 22 no longer works, because. it has been declared invalid. But the legislation Russian Federation insists that even repealed dispositions be specified in laws and codes.

The new format is another confirmation of the above - the distribution of goods traditional medicine should now be accompanied by the proper set of documents. The amendments also affected certain requirements for the constituent entities of the Russian Federation (for example, for the Krasnodar and Stavropol Territories).

The promotional provisions of the Advertising Law, as amended, dealt with fair competition (Chapter 5). The goals and scope of action remained the same - information about unfair competition will be transferred to the state executive agency, which has the right to exercise protection and full control of legal relations in this area (FAS).

Placement of outdoor advertising in Moscow, Moscow region according to the law on advertising

In Moscow, the Moscow Region and other large administrative centers and regions of Russia, outdoor advertising is carried out in the same manner as in all other regions of the country.

However, in the Moscow region, the provisions of the Federal Law are supplemented by local definitions. For example, promotional activities (this also applies to Moscow) should not be anti-social in nature and violate the rights of the consumer (the so-called social).

Outdoor advertising in any form may not be placed on architectural monuments, road signs, cultural facilities, or without an agreement with the owner of the building or land plot. And this rule also applies to the administration of the region.

Are pavement signs prohibited by the law on advertising in the latest edition?

The use of pavement signs in the Russian Federation is not yet prohibited. Such structures should not contain anything illegal, and be placed in compliance with the norms noted in the act described by us with changes. On the Internet, there is a lot of not entirely relevant information about the ban on pillars - this is a complete delusion, since nothing is said about this in the law of the Russian Federation under consideration.

Law on advertising on the facade of the building - basic provisions

As already noted, in order to place any advertising information on the facade of a building, it is necessary to obtain permission and come to an agreement with the city administration. Signs on houses, on the street, on the facade of a building (or residential building), even on your own balcony, must be discussed in advance with the administration, or with management company. The content of the advertising poster is checked for illegal statements, appeals, etc.

At the same time, according to the law on advertising in the latest edition on cars and any other transport (with the exception of public transport, since information on it is also subject to adjustment), you can advertise any permissible object or service without restrictions.

Law on Advertising of Medical Services and Goods - Rules

This provision prescribes the observance of the following imperatives if you wish to promote a particular medical product:

it is forbidden to address children (and even use children's images);
promotion of untested and ineffective drugs is not allowed;
propaganda medicines as an alternative to a visit to the doctor is prohibited.

Plus, of course, if there are contraindications, then they should be mentioned. More details about the entire list can be found in article 24 of the act.

Advertising of beer and alcohol from January 1, 2015 - what does the law allow and prohibit?

Any mention of alcohol with reference to its usefulness or harmlessness is not allowed from the TV screen, radio, pano, etc. In such a version, images (even drawn ones) of people should also not be used. At the end of any such announcement, there is necessarily information that this alcoholic product, when consumed in large quantities, can cause serious harm to health.

Something is expected to change for the 2016 FIFA World Cup (but this will not affect the strong alcoholic products and tobacco products).

Advertising financial services

Promotion of any banking, appraisal, insurance and other specialized financial services and similar activities (even on television) must necessarily contain the strict name or details of the person offering these services or conducting such activities.