Federal Law of 13.03.2006 N 38-FZ "On Advertising": general provisions, articles

Almost any socially significant phenomenon should be regulated legislatively. Advertising - one of such phenomena. In the Russian Federation, it is mandatory to comply with the 38-FZ "On Advertising", which establishes the basic principles of the activities of advertisers. This bill will be discussed in detail in the article.

Objectives of the Federal Law

Article 1 of the 38-FZ "On Advertising" defines the objectives of this normative act. The law is aimed at developing markets for services, goods and works on the basis of respect for the principle of fair competition. It is thanks to competition that a qualitative realization of consumer rights can be ensured. Advertising is one of the main engines of competition. However, advertising activities need to be monitored, which is what the draft law deals with.

Art. 3 38-FZ "On Advertising" defines the notion of "advertising". According to the law, this information is disseminated in any way, addressed to an indefinite circle of persons in order to attract attention to a particular product or service.

Types of advertising

Chapter 1 of the Law "On Advertising" narrates about the main types of advertising activities. According to the normative act, it can be:

• Advertising stimulating activities. The subject of advertising can be various contests, games, events, etc.
• Social advertising companies. The object here can be almost everything that is somehow connected with the propagation of the right way of life. It, for example, struggle against an alcoholism and smoking, propagation of a healthy way of life, a narration about family values, etc.
• Advertising of goods and services. This, you can say, is a classic form of advertising, aimed at attracting attention to a particular type of product. It is with this type of advertising that the greatest number of restrictions and requirements on the part of controlling authorities are connected. Art. 19 38-FZ "On Advertising", for example, refers to the technical regulations, which must comply with outdoor advertising. Art. 20 establishes a similar regulation for vehicles.

How can advertising spread? 38-FZ "On Advertising", namely its second chapter, provides an answer to this question.

Distribution of advertising

Article 14 of the 38-FZ "On Advertising" establishes requirements for advertising in telecasts. For example, religious programs, news, and programs with duration of less than 15 minutes are not allowed to be interrupted by advertising. Article 15 establishes similar requirements for advertising breaks in radio programs and radio programs.

Article 16 states the need to make notes with the inscription "advertising", if it is a question of printed publications. Article 17 and does not allow advertising at the time of the film show. The only possible option here is to run small commercials or trailers before the session starts.

The law sets the greatest number of requirements in Article 19, which fixes the basic requirements for outdoor advertising. It is worth, for example, allocate a ban on the installation of advertising structures that cover road signs, or mandatory compliance with the regulations of all outdoor advertising.

Features of advertising

There is a product, the advertising of which is either banned altogether, or subject to strict control. This, for example, alcohol, cigarettes, medicines, securities, jewelry, etc. Article 21 of the 38-FZ "On Advertising", for example, states that it is prohibited to advertise alcohol, if the material contains the following features:

• Condemnation of abstinence from drinking alcohol;
• Appeal to minors;
• The existence of allegations about the allegedly "socially important role" of alcohol products, etc.

If we are talking about drugs, then the prohibitions are similar here. You can add, perhaps, the responsibility for creating an impression of "no need to call a doctor," a ban on exaggeration of data on the effect of a drug, etc.

Prohibition on certain types of advertising

Article 7 of the 38-FZ "On Advertising" (as amended) fixes certain types of goods, advertising of which is strictly prohibited. What kind of products are these? As it is not difficult to guess, these are products, the sale of which is banned in the territory of the Russian Federation. This includes narcotic drugs, psychotropic substances, explosives, human organs or tissues, goods without state registration, tobacco products, smoking supplies, and medical services for abortion.

This list is often amended. It is worth remembering, for example, the decree of Dmitry Medvedev at the post of the President of Russia. Dmitry Anatolyevich imposed a ban on advertising of any alcoholic products. However, more recently, this ban was lifted.

What kind of responsibility threatens negligent advertisers? This will be described a little further.

About self-regulation

Chapter 4 38-FZ "On Advertising" is devoted to self-regulation in the field of advertising. What is this? According to Article 31, it is about creating an association of advertisers, content makers and information distributors. The creation of such an association will help protect the rights and interests of its members, as well as create better information products. But the most important here is, perhaps, providing control over the creators of advertising.

A self-regulatory organization may have the following types of rights:

• Development, installation and publication of the organization's rules;
• Participation in the consideration of cases by antimonopoly authorities;
• Representation of the legitimate interests of the members of the organization;
• Control over the activities of members of the organization;
• Challenging in court the complaints submitted to the organization, etc.

The law on advertising, therefore, regulates in some detail the activities of self-regulating organizations.

State supervision

Articles 33-35 refer to the rights of advertisers during inspections by antimonopoly authorities. But what rights does the body of the antimonopoly authority have? Here is what is fixed in the law:

• Issuing instructions to advertisers about violation of the law;
• The issuance of the same instructions to state authorities, with information on the alleged violations of this or that body;
• Filing of claims in the arbitration court;
• Application of measures of responsibility in accordance with the legislation of the Russian Federation;
• Organization and conduct of checks for compliance with the requirements of the law, etc.

The advertising companies themselves should submit information about their work to the antimonopoly body in a timely manner.

What are the opportunities, according to the Law on Advertising, that advertisers have during the checks by the relevant authorities? Here it is worth highlighting two main points:

• The right to review the protocol or the progress of the audit;
• The right to challenge decisions in court.

What kind of liability threatens violators of the Federal Law of 13.03.2006? 38-FZ "On Advertising"? About this further.

Responsibility of advertisers

Punishment of dishonest workers in the sphere of advertising takes place in accordance with the norms of the Civil Code of the Russian Federation. If an advertisement violates the interests and rights of a person, then it is worthwhile to apply with an appropriate complaint to the arbitration court or to the court from the system of general jurisdiction (depending on the complaint). The case will also include an antimonopoly authority whose task will be to prove the inconsistency with the Law on Advertising of certain types of activities that the advertising organization is carrying out.

The law establishes a standard according to which 40% of the fine paid by an unfair advertiser will go to the federal budget, and the rest - to the regional budget.