Contents
- Advertising Legislation in Russia
- Why It Is Important to Know Advertising Legislation
- General Requirements for Advertising
- What Is Prohibited to Advertise
- What Can Be Advertised with Restrictions
- What Are the Consequences for Violating Advertising Legislation
- How Advertising Legislation Works on the Internet
Advertising Legislation in Russia
The legislation in the field of advertising represents a set of regulatory acts that govern advertising activities in the country. In Russia, the central document defining the rules and requirements for advertising is the Federal Law "On Advertising" dated March 13, 2006, number 38-FZ. This law applies to all advertising materials distributed in the territory of the Russian Federation, regardless of where they were created or shown. Thus, if advertising enters the Russian market, it must fully comply with Russian legislation.
In addition, during the advertising process, it is necessary to consider other regulatory acts that may impact advertising activities. These include:
- Civil Code of the Russian Federation;
- Law "On Protection of Consumer Rights" dated February 7, 1992, number 2300-1;
- Federal Law "On Protection of Competition" dated July 26, 2006, number 135-FZ;
- Federal Law "On Protection of Children from Information Harmful to Their Health and Development" dated December 29, 2010, number 436-FZ;
- Law "On Mass Media" dated December 27, 1991, number 2124-1.
Why It Is Important to Know Advertising Legislation
The main aim of advertising legislation is to protect consumers' rights to receive accurate information and to ensure fair competition in the market. Laws establish clear rules for creating and distributing advertising materials, determining what can and cannot be advertised, as well as where and how this can be done. Key aspects regulated by the legislation include:
- Definition of the concept of advertising;
- Requirements for the quality and content of advertising;
- Prohibition of advertising certain goods and services;
- Places for placing advertising materials;
- Responsibility for violating advertising norms.
Non-compliance with these rules can lead to fines for advertisers, advertising producers, and advertising distributors, as well as demands to cease advertising campaigns. This can significantly increase companies' costs and lead to financial losses, especially if substantial funds were invested in the advertising campaign.
General Requirements for Advertising
Russian advertising legislation aims to ensure fair competition and protect consumers from false information. The main requirements for advertising include:
- Fairness: advertising should not contain misleading comparisons of goods or tarnish the honor and dignity of others.
- Truthfulness: the information should not be false. It is not permissible to use words indicating superiority of goods without sufficient grounds.
- Absence of Negative Influence: advertising should not provoke unlawful actions or discrimination.
- Honesty and Clarity: advertising cannot distort information or mislead.
- Respectfulness: it is prohibited to use offensive expressions and images.
- Absence of Covert Influence: advertising should be clearly marked to avoid hidden influence on consumers.
What Is Prohibited to Advertise
According to the law "On Advertising," the following categories are prohibited for advertising in the territory of the Russian Federation:
- Tobacco and smoking products;
- Narcotic drugs and psychotropic substances;
- Explosive materials;
- Trade in human organs;
- Services for terminating pregnancies;
- Goods without necessary licenses and certificates;
- Services for writing diplomas.
What Can Be Advertised with Restrictions
Some goods and services can be advertised under certain conditions. These include:
- Medicinal products and medical goods;
- Biologically active supplements and baby food;
- Alcoholic beverages;
- Lotteries and gambling;
- Financial services and financial activities;
- Military products;
- Mediation and arbitration services;
- Services for concluding lease agreements;
- Securities.
The restrictions concern the placement locations and broadcasting times of advertising, as well as the content of advertising materials.
What Are the Consequences for Violating Advertising Legislation
The Federal Antimonopoly Service (FAS) monitors compliance with advertising legislation. If the service detects violations, it has the right to hold advertisers administratively accountable. The main reasons for initiating cases include:
- At the initiative of the FAS;
- At the requests of prosecutors and government bodies;
- At the statements of individuals and legal entities.
If a violation is confirmed, the defendant is required to cease the advertising campaign and pay a fine. The amount of the fine varies depending on the category of the violator:
- For individuals — from 2,000 to 100,000 rubles;
- For officials — from 4,000 to 500,000 rubles;
- For legal entities — from 40,000 to 6,000,000 rubles.
How Advertising Legislation Works on the Internet
Russian advertising legislation applies to all advertising placed on the internet, including advertising from foreign companies operating in the Russian market. Advertisers must comply with general advertising requirements, maintain fairness and accuracy in the materials placed, and label advertising according to established norms.
It should be noted that platforms may have their own requirements for placing advertisements. For example, social networks like "VKontakte" have strict rules for developing advertising creatives. Additionally, advertising legislation is constantly changing, and advertisers need to stay informed about all updates. In 2022, a law was passed requiring the registration of advertising announcements in the Unified Register of Internet Advertising (ERIR), with penalties for non-compliance.