Prohibited advertising. Limitations of advertising Presentation on the topic of social advertising

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Features of legal regulation of advertising activities. Basic rules of law used in regulating advertising activities.

The most important regulations regulating relations in the field of advertising are:

Code Russian Federation about administrative offenses; Civil Code Russian Federation; the federal law dated March 13, 2006 No. 38-FZ “On Advertising”;

Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the protection of consumer rights”; Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition”

Decree of the Government of the Russian Federation of June 30, 2004 No. 331 “On approval of the Regulations on the Federal Antimonopoly Service”;

Decree of the Government of the Russian Federation of August 17, 2006 No. 508 “On approval of the rules for consideration by the antimonopoly body of cases initiated on grounds of violation of the legislation of the Russian Federation on advertising”

GOST R 52044-2003. “Outdoor advertising on roads and territories of urban and rural settlements. Are common technical requirements to outdoor advertising media. Placement Rules" (adopted by Decree of the State Standard of the Russian Federation dated April 22, 2003 N 124-st);

Decision of the Council of the Urban District of the city of Ufa of the Republic of Bashkortostan “On a single tax on imputed income for individual species activities" dated November 15, 2007 No. 29/14 (as amended by the Decision of the Council of the Urban District of Ufa RB dated October 2, 2008 No. 8/5).

The main legislative act regulating relations in the field of advertising is the Federal Law of the Russian Federation “On Advertising” No. 38 - Federal Law of March 13, 2006.

The objectives of the law are:

development of markets for goods, works and services based on compliance with the principles of fair competition;

ensuring the unity of economic space in the Russian Federation;

implementation of the right of consumers to receive fair and reliable advertising;

prevention of violations of the legislation of the Russian Federation on advertising; suppression of inappropriate advertising.

The law does not apply to:

information, the disclosure or distribution or communication to the consumer of which is mandatory in accordance with federal law;

reference, information and analytical materials (reviews of internal and foreign markets, results scientific research and tests) that do not have the main goal of promoting a product on the market and are not social advertising;

reports from authorities state power , other government agencies, messages from local government bodies, messages from municipal bodies that are not part of the structure of local government bodies, if such messages do not contain information advertising nature and are not social advertising;

signs and indicators, which do not contain advertising information;

announcements of individuals or legal entities not related to business activities;

product information, its manufacturer, about the importer or exporter, placed on the product or its packaging;

any product design elements, placed on the product or its packaging and not related to another product;

product mentions, means of its individualization, about the manufacturer or seller of the product, which are organically integrated into the works science, literature or art.

Signs of false advertising

The law provides a list of information to which this rule applies.

The previously existing norm prohibiting the use of undocumented superlative terms in advertising has been transformed new edition law in prohibition to indicate

over others, if these advantages

are not true.

Among the requirements for advertising in the Russian Federation The main ones can be mentioned as follows:

Demonstration of the processes of smoking and consumption of alcoholic beverages, as well as beer and drinks made on its basis is not allowed;

The use of images of pharmaceutical and medical workers with the exception of advertising of medical services and hygiene products;

Special requirements for advertising

ban on showing minors in dangerous situations;

Addressing minors and using their images is prohibited in advertising of alcoholic beverages, beer, tobacco and weapons (in advertising medicines and games based on risk should not be addressed to minors);

Advertising of certain types of goods

Advertising of alcoholic beverages and tobacco is permitted only inside newspapers and adult magazines and at points of sale. A number of restrictions are imposed on the content of advertisements for these products, including for the protection of minors. It is prohibited to use statements in advertising of these products that their use has important to achieve social recognition, professional, sports or personal success, or to improve physical or emotional well-being.

It is prohibited to use images of people and animals, including animation techniques, in beer advertising. Advertising of beer is limited in time in television and radio programs, in film and video services, it is prohibited in printed publications, radio and television programs, audio and video products for minors, in media specializing in education, health protection and the environment, as well as in educational organizations, medicine, children's, sports institutions and so on.

“Development of advertising” - XVIII century. – printed posters, calendars, leaflets, price lists. Ancient Greece. The emergence of photozincography technology (illustrations and photographs in magazines). The first advertising campaigns. Ancient Egypt. TOPIC 2. History of the emergence and development of advertising. Leading place on Russian market in the 1990s occupied by foreign advertising agencies.

“Advertising and Marketing” - Transition to marketing thinking. Mandatory advertising. Webinars (Internet seminars). Internet. Advertising Basics. Typical Russian situation. Purchase: simple or complex. Difficult purchase. Trade Internet. Electronic commerce. Marketing thinking. Marketing is “done” in the mind of the Client! Selling moments.

“Product Advertising” - Everyone loves the “herd” effect, everyone uses it, and you? Index E – threat to the body or food additives. Trademark. Barcode. Preservatives – inhibit the growth of microorganisms. Company logos. Information for the consumer. Product information. Marking – 4 groups of icons. Mailing list. Shields. Catalogs.

“Factors of emergency situations” - Goals and objectives of the study. Factors that can lead to emergency situations, %. Less significant factors, leading to emergency situations. Novosibirsk Factors that caused real emergency situations, %. Severity of accidents. Segment 3. Total sample size 1255 interviews. Segment 2 – 19%.

"Advertising and trade" - Retail. The advertisement is engine of the trade. Internal. Why do people exchange? Wholesale. Product properties. Types of trade. External. Consumer value (usefulness, need for people. Exchange value (ability to exchange for other electronic assets). Goals: Equal exchange? Why did trade arise? Needs?

“The language of advertising” - Advertising is an integral part of our lives. Phone..." or "I'll exchange a two-room apartment for two one-room apartments. Your car's engine will run longer." Model by Nikolai Ershov (theatrical). “Our paper is for you! A metaphor can create a very clear advertising image. Only here. There are a lot of developments on the topic of advertising and announcements in modern media.

History of social advertising First social advertisement appeared in America in 1906, the purpose of which was to protect Niagara Falls from harm caused by energy companies. The first public service announcement appeared in America in 1906, the purpose of which was to protect Niagara Falls from harm caused by energy companies.

Directions of social advertising: The problem of drug addiction; Drug addiction problem; Drug addiction problem; Drug addiction problem; Environmental problem; Environmental problem; Environmental problem; Environmental problem; Human security; Human security; Human security; Human security; Violence, etc. Violence, etc. Violence

Anti-drug advertising. Do not protect children from scary fairy tales. “Mary had a small syringe with which she injected drugs. And wherever Mary went, the syringe was always with her. Mary loved her syringe so much that she always thought about it. She left her syringe only when she went to the next world.” “Mary had a small syringe with which she injected drugs. And wherever Mary went, the syringe was always with her. Mary loved her syringe so much that she always thought about it. She left her syringe only when she went to the next world.”

Anti-drug advertising. Do not protect children from scary fairy tales. “Johnny, Johnny! “Johnny, Johnny! -Yes, dad. -Yes, dad. -Do you snort cocaine? -Do you snort cocaine? -No, dad. -No, dad. -You're lying! -You're lying! -No, dad. -No, dad. -Say a word! -Say a word! -Aaaaaaaaaaa..." -Aaaaaaaaaaa..."

Violence against children. Mom doesn't see Uncle John coming to our house. He likes to play a game that hurts me. That's why I hurt my dolls. Mom stopped buying me dolls. Mom doesn't see Uncle John coming to our house. He likes to play a game that hurts me. That's why I hurt my dolls. Mom stopped buying me dolls. Now mom has no way of knowing. Now mom has no way of knowing.

Orel, 2014 Legislation of the Russian Federation on advertising. General provisions and advertising requirements A.N. Kiryanov Deputy Head of Department - Head of Department natural monopolies and advertising DEPARTMENT OF THE FEDERAL ANTI-MONOPOLY SERVICE for the Oryol region

The legislation of the Russian Federation on advertising consists of the Federal Law “On Advertising”. Relations arising in the process of production, placement and distribution of advertising may also be regulated by other federal laws, regulatory legal acts of the President of the Russian Federation, and regulatory legal acts of the Government of the Russian Federation adopted in accordance with this Federal Law. 2 Advertising legislation

3 1. Federal Law “On Advertising”; 2. Federal Law “On the organization and holding of the XXII Olympic Winter Games...”; 3. Federal Law “On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup...”; 4. Code of the Russian Federation on Administrative Offences; 5. Decree of the President of the Russian Federation "On guarantees of citizens' right to health protection when distributing advertising"; Legislation on advertising

4 6. Federal Law “On compulsory insurance of civil liability of owners Vehicle"; 7. Rules for consideration by the antimonopoly body of cases initiated on grounds of violation of the legislation of the Russian Federation on advertising, approved. fast. Government of the Russian Federation from; 8. Administrative regulations for execution state function for the consideration of cases initiated on grounds of violation of the legislation of the Russian Federation on advertising, approved. by order of the Federal Antimonopoly Service of Russia dated /12; Advertising legislation

5 9. Federal Law “On the Protection of the Rights of Legal Entities and individual entrepreneurs..."; 10. Regulations on state supervision in the field of advertising, approved. fast. Government of the Russian Federation from; 11. Administrative regulations of the Federal Antimonopoly Service for the performance of the state function of supervising compliance with advertising legislation by conducting inspections of compliance with the legislation of the Russian Federation on advertising, approved. by order of the FAS Russia from Advertising Legislation

6 1. Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated; 2. Information letter of the Supreme Arbitration Court of the Russian Federation dated Arbitrage practice

Subject of regulation: public relations for the production, placement and distribution of advertising in the markets for goods, works, services of the Russian Federation Subject of jurisdiction of the Russian Federation: constituent entities of the Russian Federation do not have the right to adopt normative legal acts to regulate relations in the field of advertising, which form the basis of a single market. Powers of local governments: local authorities local governments have the right to independently resolve issues of local importance related to the distribution of outdoor advertising, since they affect the powers of use, ownership and disposal of municipal property (Articles 130,132,133 of the Constitution, Article 19 of the Federal Law “On Advertising”) The scope applies to relations in the field of advertising, regardless of place of its production, if advertising is distributed on the territory of the Russian Federation 7 Advertising legislation

8 advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of people and aimed at attracting attention to the object of advertising, creating or maintaining interest in it and promoting it on the market Concept of advertising Federal Law No. 38- Federal Law "On Advertising" disseminated information is addressed to an indefinite circle of people, directs attention and interest to the object of advertising, has the goal of promoting the object of advertising to the market Signs of advertising

Article 2 (excerpts) information, the disclosure or distribution or communication to the consumer of which is mandatory in accordance with federal law; signs and indicators that do not contain advertising information; messages from authorities, if such messages do not contain information of an advertising nature and are not social advertising; 12 Federal Law “On Advertising” does not apply to:

Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation from “Review of the practice of considering disputes related to the application of legislation on advertising” (excerpts) 13 Placement of a street sign (plate) with the name of a legal entity as an indicator of its location or designation of the place of entry into an occupied premises, building or territory is common practice and corresponds to the established business customs on the territory of Russia. The purpose of information of this nature is to notify an indefinite number of persons about the actual location of a legal entity and (or) designation of the entry point. The indication by a legal entity of its name on a sign (plate) at its location serves other purposes and cannot be considered as advertising. Information, the dissemination of which in form and content is mandatory for a legal entity on the basis of law or business custom, does not apply to advertising information, regardless of the manner of its execution on the corresponding sign, including using a trademark. On the distinction between the concepts of sign and advertising

Indication of the name, address and mode of operation of the organization refers to the mandatory requirements for the sign by the Law of the Russian Federation “On Protection of Consumer Rights”, indication of the profile of the organization’s activities (pharmacy, confectionery, restaurant) is recognized as a business practice, indication of the commercial designation of the enterprise, including those that do not coincide with the name of the organization, if such an indication is intended to identify the store (office) for consumers, an indication of the range of goods and services sold (bread, products, furniture) is recognized as a business custom SIGN at the location of the organization 14 On the distinction between the concepts of sign and advertising

Installation and operation technical means traffic management is regulated by regulations in the field of road safety; the design, manufacture, installation and operation of information signs are carried out in accordance with the requirements of GOST R. The State Traffic Safety Inspectorate supervises road safety and prescribes or permits relevant organizations the installation and removal of technical means of traffic management information on the name of the organization and its location, as an indication of the direction of movement to the organization, the installation of an information sign, a route orientation sign and the placement of information on such a sign is agreed upon in in the prescribed manner with the traffic police sign and the information on it meets the requirements of the relevant GOSTs corresponds to the concept of a sign 15 On the distinction between the concepts of sign and advertising sign

16 Basic concepts Article 3 of the Federal Law “On Advertising” Advertiser is the manufacturer or seller of goods or another person who determined the object of advertising and (or) the content of advertising. Advertising producer is a person who completely or partially converts information into a form ready for distribution in the form of advertising. Advertising distributor is a person who distributes advertising in any way, in any form and using any means.

17 Sponsorship advertising is advertising distributed under the condition of mandatory mention in it of a certain person as a sponsor. Sponsor - a person who provided funds or ensured the provision of funds for the organization and (or) holding of a sports, cultural or any other event, the creation and (or) broadcast of a television or radio program, or the creation and (or) use of another result of creative activity. Article 3 of the Federal Law “On Advertising” Basic concepts

18 Basic concepts Article 3 of the Federal Law “On Advertising” Social advertising is information disseminated in any way, in any form and using any means, addressed to an indefinite number of people and aimed at achieving charitable and other socially useful goals, as well as ensuring the interests of the state. Distribution conditions: -5 percent of the annual volume of distributed advertising; -Civil contract; -It is allowed to indicate sponsors

20 unfair is carried out in the forms of: 1) incorrect comparison of goods 2) defamation of a person (usually a competitor, his goods) 3) surrogate advertising 4) act of unfair competition unreliable distorts objectively existing market information (most often the characteristics of goods, works, services) introducing consumers into misleading - part of the essential information about the advertised product, the conditions for its acquisition or use are missing, if the meaning of the information is distorted and consumers of the advertisement are misled. unethical The law prohibits advertising General requirements for advertising swear words, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, coats of arms , hymns), religious symbols, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, as well as cultural heritage sites included in the List world heritage.

21 Unfair advertising 1) contains incorrect comparisons of the advertised product with goods in circulation that are produced by other manufacturers or sold by other sellers; 2) discredits honor, dignity or business reputation persons, including competitors; 3) is an advertisement of a product, the advertising of which is prohibited in this way, at this time or in this place, if it is carried out under the guise of advertising of another product, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of a product for which advertising the corresponding requirements and restrictions have been established, as well as under the guise of advertising of the manufacturer or seller of such goods ; 4) is an act of unfair competition in accordance with antimonopoly legislation. General requirements for advertising

Advertising that discredits honor, dignity or business reputation “I am making you an offer that is impossible to refuse. And remember, not every orange chainsaw is a decent quality tool. Beware of fakes! 23 False advertising

Advertising of a prohibited product under the guise of another Advertising of the dietary supplement Goldline Light “These drugs (note: prescription drugs “Goldline” and “Reduxin” are compared) contain the same active substance in the same dosages. The only difference between them is the price.” Goldline – prescription drug Goldline Light – dietary supplement 25 False advertising

26 False advertising Advertising that contains information that does not correspond to reality: 1) about the advantages of the advertised product over goods in circulation that are produced by other manufacturers or sold by other sellers; 2) about any characteristics of the product, including its nature, composition, method and date of manufacture, purpose, consumer properties, conditions of use of the product, place of its origin, availability of a certificate of conformity or declaration of conformity, marks of conformity and signs of circulation on market, service life, shelf life of goods; 3) about the assortment and configuration of goods, as well as the possibility of purchasing them in a certain place or within a certain period; 4) about the cost or price of the goods, the procedure for payment, the amount of discounts, tariffs and other conditions for purchasing the goods; 5) on the terms of delivery, exchange, repair and maintenance of goods; 6) on the warranty obligations of the manufacturer or seller of the goods; 7) on exclusive rights to the results of intellectual activity and equivalent means of individualization of a legal entity, means of individualization of goods; 8) on the rights to use official state symbols (flags, coats of arms, anthems) and symbols of international organizations; 9) about official or public recognition, about receiving medals, prizes, diplomas or other awards; 10) on recommendations of individuals or legal entities regarding the object of advertising or on its approval by individuals or legal entities; 11) about the results of research and testing; 12) about providing additional rights or benefits to the purchaser of the advertised product; 13) about the actual amount of demand for the advertised or other product; 14) on the volume of production or sales of the advertised or other product; 15) on the rules and timing of an incentive lottery, competition, game or other similar event, including the deadline for accepting applications for participation in it, the number of prizes or winnings based on its results, the timing, place and procedure for receiving them, as well as the source of information about such an event; 16) on the rules and terms of conducting risk-based games, bets, including the number of prizes or winnings based on the results of risk-based games, bets, terms, place and procedure for receiving prizes or winnings based on the results of risk-based games, bets , about their organizer, as well as about the source of information about risk-based games, bets; 17) about the source of information subject to disclosure in accordance with federal laws; 18) about the place where, before concluding an agreement for the provision of services, interested parties can familiarize themselves with the information that must be provided to such persons in accordance with federal laws or other regulatory legal acts of the Russian Federation; 19) about the person who has undertaken to security; 20) about the manufacturer or seller of the advertised product. General requirements for advertising

"ALLERGY! PREVALIN is the only one for pregnant and lactating women*" PREVALIN reduces the symptoms of allergic rhinitis by blocking allergens (the gel is applied to the nasal mucosa); the drug Naozalin has a similar effect, which can also be used by pregnant and lactating women 28 False advertising

29 encourage the commission of illegal actions General requirements for advertising Advertising should not call for violence and cruelty and be similar to road signs or otherwise threaten the safety of traffic, create a negative attitude towards persons who do not use the advertised goods, or condemn such persons

33 General requirements for advertising Advertising is not allowed ** with the exception of such use in advertising of medical services, personal hygiene products, in advertising whose consumers are exclusively medical and pharmaceutical workers, the use of images of medical and pharmaceutical workers- in advertising of any goods**, - the word “doctor”, etc., - a specific medical specialty, - white coat, phonendoscope, etc.

34 indication of the medicinal properties, that is, a positive effect on the course of the disease, of the object of advertising General requirements for advertising It is not allowed in advertising - in advertising of any goods**, - disease, - symptoms of a disease, - improvement of condition ** with the exception of such an indication in advertising medicines, medical services, including methods of prevention, diagnosis, treatment and medical rehabilitation, medical devices

General requirements for advertising Cream-gel “Endocrinol” “….Endocrinol instantly, through the skin, delivers the active substances of Potentilla alba directly to the thyroid gland. They eliminate lymphatic stagnation, help resolve nodules on the thyroid gland and normalize its function, regardless of whether it is increased or decreased...” Violation of paragraph 6 of part 5 of article 5 of the Federal Law “On Advertising” 35

36 use of swear words, obscene and offensive images, comparisons and expressions General requirements for advertising Advertising is not allowed, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, coats of arms, anthems), religious symbols, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, as well as cultural heritage sites included in the World Heritage List

38 General requirements for advertising In advertising, the use of swear words, obscene and offensive images, comparisons and expressions, including those related to gender, race, nationality, profession, social category, age, language of a person and citizen, official state symbols (flags, coats of arms, anthems), religious symbols, objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, as well as objects of cultural heritage included in the World Heritage List, advertising creates a derogatory association with the flag of Ukraine and forms an offensive comparison for the state symbol.

39 in which part of the essential information about the advertised product, the conditions for its acquisition or use is missing, if the meaning of the information is distorted and consumers of advertising are misled General requirements for advertising Advertising is not allowed Including small print Clause 28 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated

40 The fact that the Law does not define the font size does not indicate that the font size can be any, since, as follows from the provisions of Article 5 of the Federal Law “On Advertising”, advertising must be fair and reliable and should not mislead consumer confusion. The information contained in the advertising in small print cannot be conveyed to the consumer properly, and therefore the consumer is misled regarding the product/service offered. General requirements for advertising

When producing, placing and distributing advertising, the requirements of the legislation of the Russian Federation must be observed, including the requirements of civil legislation, legislation on the state language of the Russian Federation. Defining the areas of mandatory use of the state language of the Russian Federation, Federal Law No. 53-FZ “On the State Language of the Russian Federation” prescribes the mandatory use of Russian in advertising, as well as in the names of organizations of all forms of ownership. At the same time, the said Law provides for the possibility of using in these areas, along with the state language of the Russian Federation, other languages of the peoples of the Russian Federation or foreign languages in the prescribed manner. According to this procedure, when using a foreign language in advertising, texts in Russian and foreign language must be identical in content and technical design, and made legibly. If advertising is distributed in the form of audio and audiovisual material, audio information in Russian and the specified information in a foreign language must also be identical in content, sound and methods of transmission. exclusion from the mandatory use of the Russian language for company names, trademarks and service marks. 42 General requirements for advertising

43 Source of information about the organizer of such an event, the rules for its holding, the number of prizes or winnings based on the results of such an event, the timing, place and procedure for receiving them General requirements for advertising Incentive events Duration of the event In advertising announcing the holding of a competition, game or other similar event , the condition of participation in which is the acquisition specific product, must be specified

In the Federal Law “On Advertising” there is no requirement to indicate the license number in advertising. The FAS of Russia is not vested with the authority to approve advertising materials. If copyright is violated, civil liability arises. The law defines the concept of sponsorship advertising - this is advertising distributed under the condition of mandatory mention of a certain person in it. as a sponsor, a sponsor is a person who has provided funds or ensured the provision of funds for the organization and (or) holding of a sports, cultural or any other event, the creation and (or) broadcast of a television or radio program, or the creation and (or) use of another result of creative activity 44 General requirements for advertising

Send your good work in the knowledge base is simple. Use the form below

Similar documents

Features of legal regulation of advertising activities. Basic rules of law used in regulating advertising activities.

The law does not apply to:

Signs of false advertising

Signs of false advertising

Among the requirements for advertising in the Russian Federation The main ones can be mentioned as follows:

Special requirements for advertising

Advertising of certain types of goods