General requirements for advertising. Requirements for advertising

General requirements requirements for advertising

* advertising must be recognizable without special knowledge and technical means, no matter in what form it is presented;
* advertising on the territory of the Russian Federation can be distributed in Russian and additionally in official languages republics and native languages of the peoples of the Russian Federation;
* advertising about a product produced without a license is not allowed, if one is necessary, as well as advertising of goods prohibited for production;
* advertising of goods subject to mandatory certification must be accompanied by a message about this;
* the use of intellectual property in advertising is permitted only in the manner prescribed by law;
* advertising should not incite violence, aggression, or incite panic;
* advertising should not encourage actions that violate environmental legislation.

Requirements for in separate ways advertising distribution

advertising distributed through special means- radio broadcasting, television broadcasting, in periodic printed publications, in film and video services, on vehicles And postal items. Thus, the features of such advertising mainly relate to the rules on its duration and volume (Articles 11, 12 Federal Law"About advertising"). Advertising on vehicles is limited to certain places (roof, side surfaces bodies up to a certain line). Advertising should be placed on an area not exceeding 50 percent of the painted surface of body parts. Advertising should not block external lighting devices, tail numbers, limit visibility from the driver’s seat, etc.;

outdoor advertising, that is, distributed in urban, rural settlements and other territories in the form of posters, stands, light displays, and other technical means of stable territorial placement. Distribution of outdoor advertising is permitted only with permission from the competent government agency or authority local government. A set fee is charged for issuing a permit. The distribution of outdoor advertising on any object (building, structure) is allowed only on the basis of an agreement with the owner or holder of another property rights for this property;

advertising individual species goods - alcoholic beverages, tobacco and tobacco products; medicines, medical products, medical equipment; weapons. Special requirements are imposed on advertising of certain types of goods due to the fact that their application and use can cause harm to the life, health, and property of consumers. Thus, advertising of alcoholic beverages, tobacco and tobacco products in television programs is not allowed. Advertising of these products should not directly address minors, discredit abstinence from drinking alcohol or smoking, contain information about their positive therapeutic properties, etc. (Clause 1, Article 16 of the Federal Law “On Advertising”).

Requirements for advertising of certain types of goods are also contained in special legislative acts (in the Federal Laws "On medicines", "About narcotic drugs and psychotropic substances", "About safe handling with pesticides and agrochemicals", "About physical culture and sports in the Russian Federation", etc.).

advertising of certain types of services - financial, insurance, investment, etc. Special requirements in this case are explained by the involvement in the implementation of these types of activities Money population. When producing, placing, or distributing advertisements for these services, it is not permitted to guarantee the amount of dividends on ordinary registered shares, or to advertise securities before the registration of their issue prospectuses; present any kind of guarantees, promises or assumptions about the future efficiency (profitability) of activities, etc.

Distributed through special means - radio and television broadcasting, in periodicals, in film and video services, on vehicles and postal items;

Distributed in urban, rural settlements and other territories, i.e. outdoor advertising;

Certain types of goods - alcoholic beverages, tobacco and tobacco products; medicines, medical products, medical equipment; weapons;

Certain types of services - financial, insurance, investment, etc.;

Representing public and state interests and aimed at achieving charitable goals (social advertising).

1. Advertising must be recognizable to a consumer who does not have special knowledge, without the use of technical means, just like advertising at the time of its presentation, regardless of the form and means used, i.e. It must be obvious to the consumer that the information offered to him is advertising. This goal is achieved, in particular, by the rule introduced into the Advertising Law that in radio, television, video, audio and film products, and printed materials of a non-advertising nature, the targeted attention of consumers is drawn to a specific brand (model, article number) of a product or on the manufacturer, performer or seller in order to create and maintain interest in them is allowed only after proper prior notification of this, in particular by marking it as “advertising”.

2. Since advertising is addressed to an indefinite number of people, in the territory Russian Federation it should be distributed in Russian. Advertising may be additionally distributed in the state languages of the republics and the native languages of the peoples of the Russian Federation, at the discretion of advertisers. As an exception, it is provided that this provision does not apply to radio broadcasting, television broadcasting and printed publications carried out exclusively in the state languages of the republics, the native languages of the peoples of the Russian Federation and foreign languages, as well as registered trademarks (service marks).

7. Advertising must not be dangerous, that is, it must not incite violence, aggression, incite panic, or incite dangerous actions that could harm the health of individuals or threaten their safety.

Special rules aimed at protecting minors are contained in Art. 20 of the Law on Advertising. In particular, in the production, placement and distribution of advertising in order to protect minors from abuse of their gullibility and lack of experience, the following is not allowed: discrediting the authority of parents and educators, undermining the trust of minors in them; direct suggestion to minors so that they convince parents or other persons to purchase advertised goods, etc.

As we can see, in addition to general positive requirements, the Advertising Law contains prohibition norms addressed to all subjects of advertising activity.

In particular, in accordance with the provisions of this Law, inappropriate advertising that violates the requirements for its content, time, place and method of distribution is not allowed. Among the most characteristic species inappropriate advertising The Advertising Law classifies unfair, unreliable, unethical, knowingly false, hidden advertising

Special Requirements may relate to various aspects of the production and distribution of advertising and relate directly to its content.

Thus, the features of advertising in radio and television programs and print media mainly relate to the rules on its duration and volume (Articles 11, 12 of the Law on Advertising). Certain types of programs (children's, religious) cannot be interrupted by advertising at all, radio plays and feature films - only with the consent of the copyright holders.

Special requirements are imposed on outdoor advertising distributed in the form of posters, stands, light displays, and other technical means of stationary territorial placement. In the Law on Advertising they are concentrated in Art. 14.

Distribution of outdoor advertising is allowed only with permission from the competent state body or local government body, agreed with the relevant territorial unit of the State Security Inspectorate traffic Ministry of Internal Affairs of the Russian Federation or the railway management body (when placing advertising in right-of-way railways). A set fee is charged for issuing a permit. The distribution of outdoor advertising on any object (building, structure) is permitted only on the basis of an agreement with the owner or holder of another proprietary right to this property.

Main array legal regulation outdoor advertising, as already indicated, refers to acts of the constituent entities of the Russian Federation. The Rules for the Placement of Outdoor Advertising and Information in Moscow (hereinafter referred to as the Rules), approved by Decree of the Moscow Government of January 22, 2002 No. 41-PP, determine:

The competence of management and control bodies, authorized city organizations in this area;

Requirements for outdoor advertising and information media (stationary, temporary, advertising campaigns);

The procedure for obtaining the right to place outdoor advertising, including obtaining a passport for an advertising space, approval and registration of advertising spaces, concluding an agreement for the right to place outdoor advertising;

Technical requirements for the design, installation and operation of outdoor advertising media, including the procedure for conducting technical expertise project documentation, the procedure for installing and monitoring the compliance of structures with project documentation, the procedure for operating and inspecting advertising means;

Implementation control established rules and liability for their violation.

The subject of the competition is the right to place outdoor advertising in certain places, free from obligations, areas and territories of the city and other objects, or the right to distribute outdoor advertising on outdoor advertising media owned by the city for a period specified by the competition rules.

Competitions are held in order to improve the management of the advertising process, optimize the placement of outdoor advertising, and replenish the city budget. An agreement is concluded with the winner of the competition.

The Procedure for calculating the amount of payment for the right to place outdoor advertising has been approved as Appendix No. 3 to the Rules.

In accordance with Article 346.26 of Chapter 26.3 of the Tax Code of the Russian Federation, by decision of a constituent entity of the Russian Federation in relation to certain types entrepreneurial activity, including the distribution and (or) placement of outdoor advertising, a taxation system in the form of a single tax on imputed income may be applied. On the territory of the city of Moscow, the procedure for its payment is determined by the Moscow Law of November 24, 2004, MB 75 “On the unified tax on imputed income for activities related to the distribution and (or) placement of outdoor advertising.”

Letter No. 03-06-05-04/14 of the Ministry of Finance of the Russian Federation dated February 1, 2005 provided clarifications regarding the payment of this tax. In particular, the letter states that, according to Article 346.27 of the Tax Code of the Russian Federation, entrepreneurial activity in the distribution and (or) placement of outdoor advertising is recognized as the activity of organizations or individual entrepreneurs in bringing advertising information to consumers by providing and (or) using outdoor advertising means (boards, stands, posters, light and electronic displays and other stationary technical means), intended for an indefinite number of people and designed for visual perception... Considering the above, and also taking into account the fact that Chapter 26.3 of the Code does not provide for any restrictions on types of advertising information subject to distribution and (or) placement by taxpayers for the purposes of their application of the taxation system in the form of a single tax on imputed income, the distribution and (or) placement of any outdoor advertising, including advertising, is subject to this special tax regime. having a social orientation.

To ensure road safety, a letter from the Ministry of Internal Affairs of the Russian Federation dated July 14, 1995 approved temporary requirements for advertising on highways and streets. This act defines general and additional requirements for the distribution of llama advertisements on the road network, approximate symbols and inscriptions on advertising and service signs, the procedure for approving places for advertising distribution, the form of the journal of approved outdoor advertising and the rules for filling it out. In accordance with this act, it is prohibited to distribute advertising that makes it difficult to assess the real traffic situation and is similar to technical means of traffic management and special signals. Advertising should not: limit the visibility of technical means of traffic management or interfere with their perception; cause blinding of road users, including by reflection; reduce the dimensions of spans engineering structures; be located in such a way that in order to perceive it, pedestrians are forced to go out onto the roadway of streets and roads.

Other requirements for outdoor advertising have been determined with main goal-- ensure road safety. The rules for distributing advertising on vehicles are mainly devoted to the same purpose. The distribution of advertising in this case is carried out on the basis of an agreement between the advertiser, the Advertising, Information and Design Committee of the city of Moscow and the State Unitary Enterprise “Advertising and Information on Transport”. In turn, the State Unitary Enterprise “Advertising and Information in Transport< представляет интересы транспортного предприятия -- балансодержателя транспортного средства на основании договора, заключаемого с ГУП «Мосгортранс».

The requirements for the placement of advertising on vehicles and the procedure for carrying out control are determined by the Order of the Ministry of Internal Affairs of the Russian Federation of July 7, 1998 G 410, approved by the Instruction on the placement and distribution of outdoor advertising on vehicles. The placement of advertising on vehicles is limited to the following places: roof, side surfaces of bodies up to a certain lines, fuel tanks and motorcycle tool box covers. Advertising should be placed on an area not exceeding 50 percent of the painted surface of body parts. Advertising should not block external lighting devices and vehicle registration numbers, limit visibility from the driver’s seat, etc. The form of the Logbook for the placement of advertising on vehicles has been approved.

Thus, advertising of alcoholic beverages, tobacco and tobacco products in television programs is not allowed (since January 1, 1996 in accordance with Article 33 of the Advertising Law). Advertising of these products should not directly appeal to minors, discredit abstinence from drinking alcohol or smoking, contain information about their positive therapeutic properties, etc. (clause 1 of article 16 of the Law on Advertising).

In particular, advertising of beer and drinks made on its basis, distributed by any means, must not:

Use images of people and animals;

Distributed in any form in radio and television broadcasts, in film and video services, in printed publications for minors;

Distributed in children's, educational, medical, sanatorium-resort, health, sports, cultural organizations, as well as within 100 meters from them;

Distributed in radio and television programs from 7 to 22 local time;

Take the form of animated films;

Discredit abstinence from their use;

Distributed on the front and back pages of newspapers, as well as on the front and back pages and covers of magazines;

Spread in media mass media, registered as specializing in environmental issues, education, and health protection.

In all cases, the distribution of advertising for beer and drinks made on its basis must be accompanied by a warning about possible harm their use, and in radio and television programs this warning must be allocated at least ten percent of the airtime of each such advertisement, and when distributing such advertising in other ways - at least ten percent of the advertising area (space).

In addition to the Law on Advertising, requirements for advertising of alcoholic products are contained in Art. 17 Federal Law of January 7, 1999 No. 18-F3 “On government regulation production and circulation of ethyl alcohol and alcoholic products." In accordance with Art. 17 of this act, advertising of alcoholic products with an ethyl alcohol content of more than 15 percent by volume finished products allowed only in organizations engaged in the production and circulation of alcoholic beverages. When advertising alcoholic products containing ethyl alcohol no more than 15 percent of the volume of the finished product, at least half of the advertising time (area) must be used to inform the population about the harmful effects of consuming alcoholic beverages and how to determine their falsification.

Requirements for advertising of certain types of goods are contained not only in the Advertising Law, but also in other legislative acts. Advertising of medicines is carried out in accordance with Art. 16 of the Law on Advertising and Art. 44 of the Federal Law of June 22, 1998 No. 86-FZ “On Medicines>”). Thus, advertising of medicines sold only without a doctor’s prescription is allowed in the media. Advertising should not present the drug as unique, the most effective, the safest, or exceptional in the absence of side effects. When advertising a medicinal product, it is not allowed to compare it with other medicinal products in order to enhance the advertising effect. Advertising must not create the impression that medical advice is unnecessary or surgical operations, should not contain statements that the effect of the drug is guaranteed.

Restrictions on advertising in the sphere of trafficking in narcotic drugs, psychotropic substances and their precursors (i.e., substances used in the production, manufacture, processing of narcotic drugs and psychotropic substances), included in special Lists, are defined in Art. 46 of the Federal Law of January 8, 1998 No. 3-FZ “On Narcotic Drugs and Psychotropic Substances”. The circulation and advertising of narcotic drugs and psychotropic substances included in List No. 1 is prohibited. Advertising of narcotic drugs and psychotropic substances included in Lists 2 and 3 can be carried out exclusively in specialized printed publications intended for medical and pharmaceutical workers. Distribution of samples of medicines containing narcotic drugs and psychotropic substances for advertising purposes is prohibited.

Indication of regulations for the use of pesticides and agrochemicals that do not meet the requirements established by the State Catalog of Pesticides and Agrochemicals Permitted for Use on the Territory of the Russian Federation;

incorrect comparisons of advertised pesticides and agrochemicals with similar pesticides and agrochemicals included in the State Catalog of Pesticides and Agrochemicals approved for use on the territory of the Russian Federation;

Application of the concepts “safe”, “harmless”, “non-toxic”, “environmentally friendly” and other similar concepts;

Text, visual and audio information about potentially hazardous practices when handling pesticides and agrochemicals.

Special requirements for advertising financial, insurance, investment services and valuable papers, are explained by the involvement of funds from the population in the implementation of these types of activities. When producing, placing and distributing advertising for these services, it is not allowed to guarantee the amount of dividends, but for simple registered shares, advertise securities before registering their issue prospectuses; represent any kind of guarantees, make promises or make assumptions about the future efficiency (profitability) of activities, etc.

Formulated in Art. 17 of the Law on advertising of these services, the requirements are detailed in special regulations. Thus, the requirements for advertising on the securities market are determined by Ch. 9 of the Federal Law “On the Securities Market”. Advertising of their services by credit institutions of the Russian Federation and non-resident banks is carried out in accordance with Letter of the Bank of Russia dated December 30, 1997 No. 73--T.

To achieve this goal, the advertising product must correspond to the well-known “influence formula”: Attention - Interest - Desire - Activity (ATDA). This formula constitutes the main advertising program. But working according to this formula is very difficult, and without professional skills in the field of psychology of perception, it is impossible to independently develop ways to achieve these goals at each stage. Therefore, it is necessary to find out what specific requirements are imposed on a modern advertising product, namely a poster for outdoor advertising.

1. Integrity. The poster must have a holistic image and have a holistic impact. That is, all its constituent elements must obey a central, unified idea. And the consumer either perceives it or not - all, entirely, without analyzing what exactly he likes and what he doesn’t like about it.
2. Variability. Advertising is designed for certain conditions: place, time, purpose. Therefore, you need to take into account both the location and the time of year.
3. Realism. Advertising must contain characteristics that will be perceived by people unambiguously, without hidden subtext or discrepancies. Advertising built on ideal or illusory stories rarely works. The use of photographs also serves as documentary evidence of the authenticity of the advertising object.
4. Modernity. All advertisements related to ancient fairy tales are unsuccessful.
5. Variability. The advertising image of any product must be changeable. This is due to the fact that, on the one hand, each socio-demographic group has its own specific perception, its own standards - stereotypes and attitudes, on the other hand, the need to prolong the advertising campaign requires a change in image.
6. Conciseness. The poster must include a limited number of components. The information overload of the poster interferes with both perception and memorization. It is impossible to advertise all types of goods and services with one type of advertising material. It is difficult for the viewer to perceive many images at the same time.
7. Adaptation to the national mentality. Advertising images must be local, ethnic characteristics, be close and understandable and, therefore, inspire trust and not irritate.
8. Emotionality. Emotionality in advertising has several tasks: Firstly, it attracts attention, causing vivid reactions (preferably positive). It is positive emotions that force a person to focus attention, that is, they arouse interest. Secondly, emotionally charged information is better remembered, as associative memory is activated. Thirdly, when developing an advertising message, the attitude of people, their evaluative reactions described by integral criteria (like - dislike, good - bad, kind - evil, beautiful - ugly, etc.) is important.
9. Reflection of a person’s basic value guidelines. People are motivated to seek, achieve personal goals and satisfy their needs in a hierarchical order - basic, and then increasingly complex. (Abraham Maslow's Pyramid of Needs).
1) Physiological needs - hunger, thirst, cold, heat, etc.
2) The need for self-preservation or long-term survival - safety, reliability, stability, comfort. For example: car advertising that guarantees comfort, convenience and reliability.
3) The need for belonging and love, joining and acceptance into society (prosperous families, a good relationship with friends, with a loved one).
4) The need for self-affirmation, giving status (competence, confidence, respect, dignity, luxury, prestige). Bank advertising and advertising of luxury and expensive goods often operate at this level.
5) The need for self-realization, realizing one’s potential. Here you can include appeals related to the word “freedom”, “desire”. Such advertising is identified with certain personal qualities: courageous, decisive, courageous - for men; self-reliant, independent or charming and attractive - for women.
10) Regularity. Advertising campaign should be continuous and wavy. In order for people to constantly maintain a stable image of the product, it must be constantly reinforced by actions, events, and promotions that are carried out in accordance with the general concept of the advertising campaign.
11) Targeting. The viewer should, without hesitation, identify himself with a specific consumer of the advertised product. In some cases, Russian legislation limits the targeting of alcohol and tobacco advertising to a specific age: “it is prohibited to use images of individuals under the age of 18.”

When developing an advertising product, you need to clearly understand your goals and ways to achieve them, as well as what goals are pursued by this advertising, while forgetting about your own tastes. Advertising objectives are coordinated with marketing objectives. But the tasks can be quite different: (increasing recognition trademark; formation of a brand image; increased consumer demand; stimulating the consumer to use the new product at least once; acquisition stimulation).

Many new products appeared on Russian market with a name that is unclear to our ears (for example: “Procter-and-Gambel”, “Head-and-Sholders”) are very difficult to remember. The process of recognizing and remembering them is quite long. Accordingly, the purpose of advertising in this case is to help consumers master this entire process in the shortest possible time.

1. Ways of motivation. There are only two of them: stimulating either active or passive consumer action. An active action is caused by a call to do something, such as “go and buy”, which is usually used in independent advertising media and advertisements. Passive actions are an indirect way to achieve success: memorization, recognition of a brand or product, stimulating the desire to clarify something or learn more about this product.
2. Object of advertising. It is necessary to isolate what, in accordance with the purpose, will be taken as the object of advertising: a trademark, the name of the Company or the product itself. There should be only one advertising object. In multi-industry trade, it is necessary to highlight the most attractive type of product or advertise the brand without tying it to the product.
3. Target audience. It is not enough to understand who is the consumer of this product and who directly purchases it. It is important to be clear about what group of people we want to attract. Each target group has its own purchasing motivation, which is especially important for creating an advertising message. You need to have clear ideas about who wants to buy your product and who actually buys it.
4. Detuning from a competitor. It is very important here to use tools that can distinguish your advertising from the general mass of advertising for similar products. Many companies, having almost the same group of products, successfully “build up” from each other and with the help color scheme in product design and in the style of advertising material.
5. Selection necessary tools. As tools, you can use the texture of the product (specific quality, advantages of the product and its difference from competitors) or creating a “legend” of those qualities and properties with which you would like to identify a given advertising object.
6. Connection of emotional, rational behavioral elements in advertising. IN certain cases one of these components may dominate. Although helpful information, not supported by positive associations, will work worse. Advertising should convey to a person why he needs this product, how this product will “fit” into his life and why it is profitable for him to buy it. Ultimately, advertising is needed to engage the consumer in a behavioral response: he must use the product offered and be sure that he did not spend his money in vain. An example of this type of advertising is financial incentives for the buyer when purchasing a product (discount, some percentage free).
7. Practice various methods socio-psychological impact on the population. We are talking about the deep, unconscious impact that a word, color, size, or graphic design of an image causes. Not only words, but also sound combinations have meaning. The text content and form of the advertising product must correspond to the product and evoke responses. In particular, children's products should not be advertised using a poster with predominantly dark colors or sharp angles. Green and Blue colour, black or cinnamon are “inedible” colors.
8. Imagery. An image, a picture on an advertising poster enhances the impression of it and increases recognition. It is advisable to use an easily recognizable visual symbol in the poster that evokes certain emotions and emphasizes a specific quality of the product. Traditionally, such symbols are associated with images of animals, to which certain qualities are assigned. Here are the most common of them: Dog - in the minds of the people, it has loyalty, devotion and warmth. Banks and security agencies usually choose powerful cats as their symbols: tiger, leopard, lion. They are associated with aggressiveness in business, leadership, the ability to stand up for oneself, independence and power.
9. It is necessary to conduct high-quality research. Research includes expert surveys or focus groups. All this taken together will show the quality of advertising: how much it achieves its goal among a certain group of the population and works to realize the intended effect.

The Advertising Law does not apply to political advertising, as well as to advertisements by individuals, including in the media, not related to business activities (paragraphs 4, 5 of the Federal Law of July 18, 1995 “On Advertising”)

Requirements for advertising of certain types of goods and services are also contained in special legislation. Thus, advertising of medicines is carried out in accordance with Art. 16 of the Law on Advertising and Art. 44 of the Federal Law of June 22, 1998 “On Medicines” Advertising of pesticides and agrochemicals is carried out in accordance with Art. 17 Federal Law of July 19, 1997 “On the safe handling of pesticides and agrochemicals”, etc.

The word "advertising" comes from Latin word“Reclamer” (“shout out”) and is used in the sense of information about goods and services in order to notify consumers and create demand for these goods and services, as well as in the sense of disseminating information about something (someone) in order to create popularity.

In accordance with Art. 2 of the Federal Law of July 18, 1995 “On Advertising” advertising is defined as information disseminated in any form, by any means, about an individual or legal entity, goods, ideas and initiatives (advertising information), which is intended for an indefinite number of persons and is intended to create or maintain interest in these individuals, legal entities, goods, ideas and undertakings and promote the sale of goods, ideas and undertakings.

a) distributed in any form (oral, written, using drawings, graphs, etc.);
b) distributed through any means (mass media, vehicles, etc.);
c) about an individual or legal entity, goods, ideas, undertakings;
d) which is intended for an indefinite number of persons;
e) the purpose of which is to create or maintain interest in an individual, legal entity, goods, ideas, undertakings;
e) which as a result increased interest to goods, ideas, initiatives contributes to their implementation.

advertiser - a person who is a source of advertising information for the production, placement, and subsequent distribution of advertising.
advertising producer - a person who fully or partially reduces advertising information to a form ready for distribution.
advertising distributor - a person who places and (or) distributes advertising information by providing and (or) using property, including technical means of radio broadcasting, television broadcasting, as well as communication channels, airtime, and other means.

The functions of one or more participants in advertising activities may coincide in one person. The role of advertisers, advertising producers, advertising distributors can be legal entities and individuals - individual entrepreneurs, since the above Law does not apply to advertisements of individuals not related to business activities.

The subject of advertising relations are also consumers of advertising, that is, legal entities or individuals to whose attention advertising is or may be brought to the attention of which the corresponding impact of advertising on them is or may be.

General and special requirements for advertising

1. Advertising must be recognizable without the use of technical means as advertising at the time of its presentation. The use in radio, television, video, audio and film products, as well as in printed products of a non-advertising nature, of purposefully drawing the attention of consumers of advertising to a specific brand (model, article) of a product or to a manufacturer, performer, seller to create and maintain interest in without proper prior notification of this (in particular, by marking it as “advertising”) is not permitted.

2. Since the advertisement is addressed to an indefinite circle of people, it must be distributed in Russian on the territory of the Russian Federation. Advertising may be additionally distributed in the state languages of the republics and the native languages of the peoples of the Russian Federation, at the discretion of advertisers.

8. Advertising that violates the interests of minors is not allowed. In addition, in accordance with the provisions of the Law on Advertising, inappropriate advertising is not allowed, that is, advertising that violates the requirements for its content, time, place and method of distribution, in particular unfair, unreliable, unethical, deliberately false, hidden advertising.

advertising distributed through special means - radio broadcasting, television broadcasting, in periodicals, in cinema, video services, on vehicles and postal items. Thus, the features of such advertising mainly concern the rules on its duration and volume (Articles 11, 12 of the Federal Law “On Advertising”). Advertising on vehicles is limited to certain places (roof, side surfaces of bodies up to a certain line). Advertising should be placed on an area not exceeding 50 percent of the painted surface of body parts. Advertising should not block external lighting devices, tail numbers, limit visibility from the driver’s seat, etc.;
outdoor advertising, that is, distributed in urban, rural settlements and other territories in the form of posters, stands, light displays, and other technical means of stable territorial placement. Distribution of outdoor advertising is allowed only with permission from the competent state body or local government. A set fee is charged for issuing a permit. The distribution of outdoor advertising on any object (building, structure) is permitted only on the basis of an agreement with the owner or holder of another proprietary right to this property;
advertising of certain types of goods - alcoholic beverages, tobacco and tobacco products; medicines, medical products, medical equipment; weapons Special requirements are imposed on advertising of certain types of goods due to the fact that their application and use can cause harm to the life, health, and property of consumers. Thus, advertising of alcoholic beverages, tobacco and tobacco products in television programs is not allowed. Advertising of these products should not directly address minors, discredit abstinence from drinking alcohol or smoking, contain information about their positive therapeutic properties, etc. (Clause 1, Article 16 of the Federal Law “On Advertising”).
Requirements for advertising of certain types of goods are also contained in special legislative acts (in the Federal Laws “On Medicines”, “On Narcotic Drugs and Psychotropic Substances”, “On the Safe Handling of Pesticides and Agrochemicals”, “On Physical Culture and Sports in the Russian Federation” and etc.).
advertising of certain types of services - financial, insurance, investment, etc. Special requirements in this case are explained by the attraction of funds from the population when carrying out these types of activities. When producing, placing, or distributing advertisements for these services, it is not permitted to guarantee the amount of dividends on ordinary registered shares, or to advertise securities before the registration of their issue prospectuses; present any kind of guarantees, promises or assumptions about the future efficiency (profitability) of activities, etc.
Formulated in Art. 17 of the Law on Advertising, the requirements are detailed in special regulations. Thus, the requirements for advertising on the securities market are determined by Ch. 9 of the Federal Law “On the Securities Market”.
advertising representing public and state interests and aimed at achieving charitable goals (social advertising).

Concept and types of inappropriate advertising

Advertising that violates the requirements for its content, time, place, method of distribution, established by law, is inappropriate. The Law provides a non-exhaustive list of types of inappropriate advertising and its characteristics.

False advertising- this is advertising that discredits persons who do not use the advertised goods; contains incorrect comparisons of the advertised product with the products of other persons; discredits the honor, dignity, business reputation of competitors; abuses the trust of individuals or their lack of experience, knowledge, etc.

Unreliable is an advertisement that contains untrue information regarding various characteristics, properties, qualities of the product; its availability on the market; delivery options, warranties, service life, expiration dates; exclusive rights to the results of intellectual activity and equivalent means of individualization of a legal entity, individualization of products, work performed or services; rights to use state symbols (flags, coats of arms, anthems), as well as symbols international organizations; official recognition, receipt of medals, prizes, diplomas and other awards, etc.

Unethical advertising- this is advertising containing any kind of information that violates generally accepted norms of humanity and morality through the use of offensive words, comparisons, images in relation to race, nationality, profession, social category, age group, gender, language, religious, philosophical, political and other beliefs of individuals. Unethical advertising defames works of art that constitute national or world cultural heritage; state or religious symbols, national currency.

An individual or legal entity who has become aware of the production or distribution of advertising containing information discrediting his honor, dignity or business reputation has the right to apply for protection of violated rights, respectively, to a court or to an arbitration court in the manner prescribed by the legislation of the Russian Federation, as well as has the right to demand from the advertiser a refutation of such advertising in the same way as it was distributed, if the advertiser does not comply with this requirement voluntarily.

Hiden advertisment- advertising that has an unconscious effect on consumer perception. Such information may be present in programs and publications that are not officially advertising. Hidden advertising can be distributed through the use of special video inserts (double audio recording) and other methods.

The legislation provides for sanctions and penalties for various violations during advertising activities. In this case, the advertiser is responsible for violations in terms of the content of advertising information, unless it is proven that the violation was not his fault. The advertising producer is responsible for the design, production, and preparation of advertising. The advertising distributor is responsible for violations of the law regarding the time, place and means of advertising.

If a violation of advertising legislation is established, the violator is obliged, at the request of the antimonopoly authority and within the time frame established by it, to carry out counter-advertising. Counter-advertising is a refutation of inappropriate advertising, disseminated in order to eliminate the consequences caused by it. Counter-advertising is carried out at the expense of the infringer and, as a rule, using the same means of distribution, duration, space, place and order as the inappropriate advertising.

Persons whose rights and interests are violated as a result of inappropriate advertising may seek compensation in court for damages, including lost profits, compensation for moral damages, as well as a public refutation of inappropriate advertising. Violation by an advertiser, advertising producer and advertising distributor of advertising legislation (inappropriate advertising or refusal to counter-advertise) entails the imposition of an administrative fine in accordance with Art. 14.3 Code of Administrative Offenses of the Russian Federation. The procedure for considering cases based on violations of the legislation of the Russian Federation on advertising was approved by order of the MAP of the Russian Federation of November 13, 1995 No. 147. Criminal liability in this area is provided for the implementation of knowingly false advertising (Article 182 of the Criminal Code of the Russian Federation), and it occurs in the case when The false nature of the advertisement was obvious to the perpetrator, but he was motivated by the selfish motive of gaining advantage through false advertising, thereby causing significant harm to consumers.

State control and self-regulation in the field of advertising

In accordance with Art. 26 of the Federal Law “On Advertising”, control over compliance with the legislation of the Russian Federation on advertising is carried out by the Federal Antimonopoly Body - the Federal Antimonopoly Service of the Russian Federation, which is vested with the following powers:

warns and suppresses instances of inappropriate advertising committed by legal entities and individuals;
sends orders to advertisers, advertising producers and advertising distributors to stop violating the legislation of the Russian Federation on advertising, decisions on the implementation of counter-advertising;
sends materials about violations of the legislation of the Russian Federation on advertising to the authorities that issued the license to resolve the issue of suspension or early cancellation of the license to carry out the relevant type of activity;
sends materials to the prosecutor's office and other law enforcement agencies within their jurisdiction to resolve the issue of initiating a criminal case based on crimes in the field of advertising.
has the right to bring claims in courts, arbitration courts, including in the interests of an indefinite number of advertising consumers, in connection with violation by advertisers, advertising producers and advertising distributors of the legislation of the Russian Federation on advertising and on the invalidation of transactions related to inappropriate advertising.
has the right to enter into agreements with advertisers, advertising producers and advertising distributors on their compliance with the rules and customs of advertising practice.

Employees of the federal antimonopoly body (its territorial bodies), in order to perform the functions assigned to this body to monitor compliance with the legislation of the Russian Federation on advertising, have the right of unhindered access to all necessary documents and other materials of advertisers, advertising producers and advertising distributors. In this case, information obtained in this way that constitutes a trade secret is not subject to disclosure. In the event of disclosure of information constituting a commercial secret, the losses caused are subject to compensation by the federal antimonopoly body (its territorial body) in the manner prescribed by law.

In addition to state bodies, control in the field of production and distribution is carried out by self-regulatory bodies in the field of advertising - public organizations(associations), associations and unions of legal entities. In accordance with Art. 28 of the Federal Law “On Advertising” they have the following powers:

are invited to participate in the development of advertising requirements, including draft laws and other regulatory legal acts;
carry out independent examination advertising to establish its compliance with the requirements of the legislation of the Russian Federation on advertising and send appropriate recommendations to advertisers, advertising producers and advertising distributors;
are involved by the federal antimonopoly body (its territorial bodies) when it exercises control over compliance with the legislation of the Russian Federation on advertising;
send materials to the prosecutor's office and apply to federal executive authorities in connection with violations of the legislation of the Russian Federation on advertising.

Self-regulatory bodies in the field of advertising also have the right to present in the prescribed manner claims in court, arbitration court in the interests of advertising consumers, including an indefinite number of advertising consumers, in case of violation of their rights provided for by the legislation of the Russian Federation on advertising.

If a claim is satisfied against an indefinite number of advertising consumers, the court or arbitration court obliges the offender to bring the decision of the court or arbitration court to the attention of these consumers through the media or in another way within the time period established by it.