Olga Golokhvastova, moderator of advertising materials Flamp.ru, wrote an article especially for the Netology blog about what you need to pay attention to before placing an advertisement on the Internet in order not to violate the Law “On Advertising.”
FAS (Federal Antimonopoly Service) fined an advertising agency one hundred thousand rubles for advertising Tinkoff Bank on Instagram in prison jargon. BINBANK Digital will also pay one hundred thousand rubles for false advertising on Facebook.
Training program: “Contextual advertising specialist”
If you overdo it with creativity and don’t follow the rules, you can lose a large sum; at the last moment, find out from the moderators that the banner needs to be redone; miss deadlines, waste your nerves and money on a designer. Therefore, it is better to check the advertisement for possible violations at the creation stage. I will not quote all the articles of the Law “On Advertising”, but I will tell you about the most common mistakes that can be prevented.
Unfair competition
You can’t just write that the company is the best, the first, the most and No. 1.
Banned are “the lowest prices,” “the most fashionable dresses,” and “the most professional craftsmen.” The superlative or comparative degree in advertising is a marker of unfair competition. Text that says that a company or product is better than others on the market is punishable by the FAS. For example, Tinkoff’s “Best Cashback Card” faces a fine of 100 thousand to 500 thousand rubles.
If you really want to
It is imperative to indicate specific characteristics or comparison parameters that have clear documented evidence, and mention this evidence. For example, a study, survey or expert opinion that is available for public viewing.
In general, advertising in which a company evaluates itself in superlatives is similar to liking oneself.
Fair and Inappropriate Advertising Law
The provisions of the regulatory framework governing competition and advertising have much in common, because these business processes have a common goal: market development, unification of economic space, improvement of economic activity on the principles of freedom. Advertising and competition are interconnected: the first shapes and supports the second.
Any inappropriate advertising is an act of unfair competition.
However, the law does not provide a clear definition of both the requirements for fair competition and the definition of proper advertising. It is understood that their interpretation is based on a value judgment based on the principles of decency and common sense.
The rights of the consumer, as well as the responsibilities of the advertiser, are declared by the Federal Law “On Advertising” No. 108 - Federal Law of July 18, 1995. It outlines the main signs of advertising that does not comply with legal requirements.
Advertising promotions and competitions
You can’t just write: “Buy pizza and win a car” - you need to indicate all the conditions and details.
You cannot remain silent about the conditions; a footnote to the details of the promotion or competition is required. This could be a website, a phone number, a consultant in a store. Yandex.Taxi forgot about the footnote and a case was opened against them in the OFAS (Office of the Federal Antimonopoly Service).
If this is a competition, then you need to indicate:
- timing of the event, highlighting the general duration of the event and the deadline for the prize draw;
- source of information about the event organizer;
- rules of conduct;
- number of prizes or winnings as a result of the event;
- terms, place and procedure for receiving prizes.
What is false advertising?
Requirements for advertising in the Russian Federation are established and regulated by the relevant Federal Law - “On Advertising”. The list of requirements and norms is quite extensive; you can read it in full in the text of the law. In this article we will present the most popular cases that are considered to be unfair and unreliable advertising.
Advertising that contains the following features is considered unfair:
- includes an incorrect comparison of the target product with another product already in circulation, which is manufactured by a third-party manufacturer or sold by other sellers;
- the presence of content that discredits the business reputation, dignity or honor of another person, including competitors;
- if the so-called indirect advertising of products that are, at a specified time or place, or completely prohibited by law (for example, “cigarette cases” of well-known tobacco companies, or coverage of a brand of alcoholic beverages during the daytime).
- Has signs of other, unfair competition (use of similar or protected trademarks, etc.)
An advertisement may be considered unreliable if it contains information that does not correspond to the real state of affairs:
- about any parameters or characteristics of goods and services, including their composition, nature and origin, date and method of manufacture, service life and shelf life of the goods;
- on the availability of diplomas, certificates, declarations and marks of conformity, prizes or medals, recommendations of third parties, etc.;
- about the assortment, configuration, the ability to purchase in certain places or terms, terms of payment, delivery, discounts or price;
- about the manufacturer, production volumes, demand for goods and other related information;
- on the use or existence of exclusive rights to intellectual property, equivalent means of individualization of a person or product;
Advertising of alcohol and tobacco products
Such advertising is prohibited.
Neither “foamy”, nor “sparkling”, nor “hoppy”, nor Heineken. The inclusion of any alcoholic beverages or euphemisms in advertising is prohibited and is regarded as advertising of alcohol. Even non-alcoholic products are prohibited in online advertising. Thus, Afisha was fined 100 thousand for advertising Jameson whiskey on its website.
No hookahs or cigarettes. And also pipes, cigarette paper, lighters and smoking processes. Steam cocktails are also questionable, so it’s better not to risk it. A hookah bar in Orenburg was fined 13 thousand rubles; for advertising on the Internet, the fine will be higher.
If you really want to
You can write “drinks”, “mug”, for example. Only without images of alcohol or hookah.
Basic terms you need to know
─ information addressed to an indefinite circle of people and aimed at attracting attention to the product, maintaining interest in it and promoting it on the market.
There are no requirements for the form of advertising on the Internet ─ any creatives are allowed: texts, banners, graphics, video, audio and more.
Goods are products, as well as services, works, results of intellectual activity, and events. Product advertising should be understood as attracting attention to any product, both tangible and intangible.
Advertiser is the manufacturer or seller of the advertised product.
Advertising producer ─ creator of advertising.
Advertising distributor is the owner of the Internet platform on which advertising is placed. Distributors include owners of websites, groups on social networks, and bloggers.
What does not apply to advertising
✔️ Information about your products and services, company, brand, special offers, news, as well as reviews on your online platforms (website and social networks).
✔️ Information about companies or products posted in online catalogues, aggregators and marketplaces.
✔️ Review articles, selections, comparisons of similar products from different manufacturers or several products of the same brand according to the same criteria, listing the pros and cons of each.
✔️ Advertisements of individuals on online boards, for example, Avito.
Exceptions to the rules ─ are considered advertising:
- On Internet sites ─ attracting special attention to any objects (products, companies, special offers), for example, with pop-up banners.
- In reviews ─ the words “best”, “No. 1”, etc. as an assessment of a product (brand) as a whole, and not according to some criteria.
- On sites with advertisements there is information, from the regularity and nature of which it is clear that this is not a one-time sale, but an entrepreneurial activity.
Swear words, erotica, offensive images
Prohibited.
It would seem obvious, but there are plenty of examples.
- The Altai OFAS filed a case against LLC “Mom, I ate burgers” due to the fact that the advertisement used the image of a girl with her mouth wide open, who ambiguously holds a hot dog in her hand.
- The Chelyabinsk OFAS became interested in an advertisement for a men's spa depicting a half-naked man and woman.
- Playing on words with profanity is also punishable. OFAS became interested in the “OREHuitelnye Tsen” store and the “PI***R” banner in Chelyabinsk.
- A provider that includes female breasts in advertising faces a fine of up to 500 thousand.
- You can also be fined for using Victory Day symbols.
If you really want to
It's not worth it. Dress the girl on the banner, exclude obscenities, vulgar allusions and important historical symbols. Be creative more subtly and accurately.
Training program: “PR in digital: strategy, reputation, tools”
Advertising of goods on credit and installments, financial services
If you write the interest rate “from”, then write “to”.
And write down all the conditions for receiving the lowest rate. You also need information about the name and legal form of the bank, and an indication that loan services are provided by this bank, and the license number.
Be sure to provide the advertiser with a certified copy of the bank’s license.
A bad example: the Federal Antimonopoly Service fined Google 150 thousand and Mail.ru 100 thousand rubles for distributing advertising in Google AdWords and myTarget for deposits provided by RUSKREDIT LLC without a license.
If you really want to
Include expenses in the amount of 150 thousand rubles in the budget for fines.
Licensed activity
Services subject to mandatory licensing cannot be advertised without a license.
You cannot advertise medical services, education, insurance, or unlicensed providers. Here is the complete list, if your company is on it, then you need a license to be able to advertise.
If you really want to
If you don’t have a license yet, but advertising is needed, then advertise promotions, gift cards and discounts in general terms, without mentioning specific ones. And don’t forget the footnote with the details of the promotion, of course.
Advertising of medical services
Salt cave, hair removal, massage and peeling are also medical services.
Before advertising cosmetology and activities related to medicine, check if it is in the Nomenclature of Medical Services. It is advisable to find the latest edition. We found it, checked the license by number, and added “There are contraindications, consult your doctor.”
A warning and a license are also needed for medicines and medical devices. And when advertising dietary supplements, you need to have certificates of conformity and accompany the advertisement with the warning “Not a medicine.”
If you really want to
Not all small beauty salons provide sugaring services with a license, but they want to advertise. There is only one way out: advertise other salon services, without mentioning sugaring. And if something happens, be prepared for fines.
Foreign words
Any foreign word needs translation or transliteration.
The use of foreign words and expressions that may lead to a distortion of the meaning of the information is not allowed; translation is required. Even Sale needs a footnote with translation. We have already received a fine for DISCOUNT.
The names need transliteration: salon “Provence” - “Provence”. The translation or transliteration must be footnoted in a clearly readable font.
If you really want to
If you have a certified copy of the certificate of state registration of a legal entity or an extract from the Unified State Register of Legal Entities (Unified State Register of Legal Entities), where your name is written in Latin, then you can do it without a footnote. And we translate the rest.
Responsibility for inappropriate advertising
Inappropriate advertising has become a socio-economic phenomenon that is recognized as a hallmark of the modern market. In this case, it is necessary to determine responsibility for the use of this advertising.
The Federal Law “On Advertising” states that individuals and legal entities are liable for violations of the law in accordance with the civil code of the Russian Federation. According to. 393 of the Civil Code, if an advertisement is executed improperly, or is not executed at all, the subject must compensate the losses to the counterparty.
To protect his civil rights, a person may demand compensation for damages or so-called lost profits. To compensate for moral damage, it is necessary to prove that advertising is the cause of harm, i.e. information discredited the honor, dignity and business reputation of a company or individual.
The injured party may request a rebuttal. In this case, counter-advertising is developed. It is produced at the expense of the offender and usually through the same means of distribution as inappropriate advertising.
Totally banned
Esoteric goods, bookmakers, lotteries, erotic goods.
And also advertising that encourages the commission of illegal actions, calling for violence and cruelty; pornography, drugs, explosives. Advertising that uses obscene and offensive images, comparisons and expressions in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, official state, religious symbols, objects of cultural heritage of the peoples of the Russian Federation, and objects of cultural heritage, included in the World Heritage List. It is better to look at the entire list in Article 7 of the law.
Two of dozens of examples of such violations:
- FAS considered the appeal of the ChROPO "Union of Conscripts of Russia" about illegal advertising of legal assistance to conscripts in Yandex.Direct;
- The FAS accused Sports.ru of violating the advertising law due to the bookmaker’s banner.
Legislative regulations
All definitions of dishonesty and unreliability, as well as liability for violations of the criteria for proper advertising, are enshrined in certain laws in Russia.
In particular, there is a special federal law “On Advertising” , adopted by the State Duma in 2006.
It fully covers the scope of advertising activities, considers its different types, such as advertising on television, radio, newspapers, transport, and so on.
The promotion of certain types of goods, for example, alcohol, baby food, securities, is considered separately It also establishes a connection with Russian antimonopoly legislation.
Another important document is the Decree of the Government of the Russian Federation, which regulates the prosecution for cases of violation of advertising legislation.
How to write a claim for poor quality service? Read about it here.
The head of the Advertising and Unfair Competition Control Department will talk about the bills in this video:
