Advertising in our country is regulated. However, this is happening in the whole civilized world. There is such a normative act as federal law 38 of the Federal Law "On Advertising". This is a document No. 38-FZ adopted on March 13, 2006. Its latest revision was dated March 8, 2015.
What is the point?
The content of the law - those relations that take place in the process of production and distribution of all types of advertising as well as its distribution. That is, his provisions cover a fairly wide range of concepts.
Federal Law 38 “On Advertising” has as its goal the elimination of unfair competition in this area. Its purpose is to protect consumers from harmful effects. Advertising that is capable of mislead, cause tangible damage to property or health. In addition, such intellectual property capable of undermining reputation or dignity.
In addition, inappropriate advertising, which the law is called upon to protect against all of us, is one that violates moral principles and public interests or harms the environment.
In what areas does the advertising law not apply
These include its political variety (including 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, research). All this does not aim to promote the product.
Next should be mentioned information of authorities, the state, local government, not bearing commercial nature and not related to social advertising. Signs and signs of the same kind also belong to this category of intellectual property. It is worth mentioning the announcements of various entities, both legal and natural persons, not related to income generation.
And also?
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 outsiders, do not fall under the law.
That information about the object, which is naturally “inscribed” in an art or scientific work, mentions the manufacturer or seller and does not bear a commercial purpose, also belongs to this category.
Federal Law "On Advertising" N 38 FZ - basic concepts
Let's define the terms. Advertising refers to any information, regardless of the type and method of placement, the addressee of which is a wide circle of persons. Its purpose is to draw attention to the mentioned product (service) for sale or promotion in 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 product is considered a product of activity (including work 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 many of them. For example, the so-called inappropriate advertising refers to one that contradicts the requirements of Russian law. But what are the subjects referred to here, i.e., the actors?
Advertisers, manufacturers and distributors are persons involved in the manufacture or sale of goods, bringing information into a commercial format and communicating to the consumer in any way.These three categories of subjects are closely related and serve as links in one chain.
Advertising consumer - a person whose attention to the promoted object should be attracted. The sponsor is the one whose funds the event is held.
As you know, who pays, he orders the music. Sponsorship advertising is one that must be mentioned as a “philanthropist".
In addition, there is its social variety. Under it, the federal law "On Advertising" means non-commercial information to achieve charity goals, etc.
The solution to all these issues is the responsibility of the federal antitrust authority, as well as its local representatives.
What is required of Russian advertising?
The law on advertising does not allow false and unfair information in it. But what exactly is this, strictly speaking?
Unfair is understood as advertising that contains incorrect comparisons of goods with similar ones from other manufacturers or sellers, or data that discredits the business reputation or dignity of a competitor (and any person).
It also promotes goods prohibited for advertising under the guise of a similar - similar or identical trademark, or in other ways. According to antitrust laws, this is an act of unfair competition.
An advertisement containing false information, that is, information that does not correspond to reality, is unreliable.
What kind can they be?
As such, for example, the law on advertising considers information on the advantages of the advertised product compared to others in circulation. It could be about:
- any of its characteristics, consumer qualities, service life and shelf life, assortment and configuration;
- place of origin and availability of certificates, the possibility of purchase in a particular place or within a certain time;
- cost or price, payment procedure, discounts, tariffs and other monetary matters;
- conditions on which delivery, repair, exchange, service of this product is made, about its warranty conditions.
What other information may be false?
This is information about the recommendations of any persons regarding the object of advertising or about its approval by someone, the same is about the results of tests and studies, the real scale of demand for the product, the volume of its production or sale.
Information on a wide variety of rules and timing of events, the number of prizes / winnings and the procedure for their receipt is unreliable.
This also includes any information about persons who are manufacturers or sellers of this product.
What should advertising not do?
There are certain actions that are unacceptable. Their advertising law strictly prohibits. This is, above all, a call for unlawful acts, cruelty and violence. The following should be mentioned 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.
It is unacceptable in advertising to use foreign terms that distort the meaning. Government approval must not be indicated. It is also forbidden to demonstrate smoking and drinking alcohol, use the images of doctors and nurses (except for advertising designed specifically for them), point to the therapeutic effect of a particular drug.
You cannot use swear words, obscene expressions and images, including those relating to race, gender, nationality, social category, profession, age or language of a person. The same applies to state and religious symbols, monuments of culture and history.
What products cannot be advertised?
It is impossible to advertise all goods whose manufacture and sale are prohibited on the territory of the Russian Federation: weapons, drugs, psychotropic substances, explosives, human organs and tissues as an object of sale.
Goods requiring state registration or mandatory certification (in the absence of the latter) belong to this group. The same applies to their licensed category.
Tobacco and all related products - products from it, smoking accessories, etc., are not advertised.
Abortion services are also prohibited.
What is unethical advertising?
This term is usually intuitive. It is one of the violations that the Law on Advertising is intended to combat. The latest edition pays special attention to the concept of unethical impact. This is one that is conducted in violation of generally accepted norms of morality and humanity by verbally insulting or by bringing comparisons or images of races, nationalities, professions, social categories, gender, language or age of citizens, as well as their religious views and political beliefs.
Unethical advertising can defame art objects that are national or world cultural heritage, state emblems, flags and other symbols, the currency of a country. In addition, a specific person or product may be attacked.
Hidden advertising is understood as one that affects the consumer at an unconscious level, including by special technical means (video inserts, etc.).
