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Basic advertising laws. Federal law "on advertising" in simple words

Recently, there has been an incredible amount of advertising. It surrounds us everywhere: on the Internet, on the street, on television, etc. Naturally, such a vast and complex system as advertising should be subject to strict regulation. The federal law "On Advertising" with comments will be discussed in this article.

Scope of the law

In accordance with the Federal Law "On Advertising", the presented process is the communication of certain information in any legal way, using any means and in any form. Information may be sent to an indefinite circle of persons. It is addressed at the same time to draw attention to the object of the process. The formation and maintenance of interest in a particular object - that's what is the main goal of advertising.

The scope of the federal law is quite large. Thus, the second article speaks of political advertising, reference and information or analytical materials, information about goods, etc. All requirements established by this law, as a rule, apply to the manufacturer of goods, but apply to citizens performing services and advertising work.

Requirements for promotional products

Separately, it is worth talking about false advertising. It contains:

  • characteristics of the goods that do not correspond to reality;
  • incorrect information about the advantages of the advertised product over other products;
  • false information about delivery conditions, cost, assortment, etc.

Types of advertising


  • social advertisement;
  • political advertising;
  • advertising of products and services in the remote way of its sale;
  • promotional advertising.

Some experts distinguish other classifications.

Advertising features


About self-regulation

The fourth chapter "On Advertising" (N 38-FZ) tells about the processes of self-regulation in the advertising field. What is it all about? We are talking here about an association of advertisers created in order to protect the interests of its members and representation. The association establishes and observes certain ethical standards, provides strict control over these standards.

  • representation of their legitimate interests;
  • appeal against normative acts in court;
  • consideration of cases by the antimonopoly body;
  • development of rules of professional activity;
  • filing complaints;
  • collection and storage of information about members of the organization;
  • maintaining a register of members of the organization.

Self-regulation is a fairly common occurrence in the advertising industry.

Participation of the antimonopoly body

It has already been mentioned above about the active participation of the antimonopoly authority in the advertising field. This body, according to Federal Law No. 38 "On Advertising", has the right to perform a fairly large number of functions.

In particular, here it is worth highlighting:

  • issuance of infringement notices to advertisers;
  • filing lawsuits in court to ban a particular advertisement;
  • applying to the arbitration court with a statement about the invalidity of certain local regulations;
  • application of measures of responsibility;
  • organization of inspections and much more.

Advertising checks

Article 35.1 of the Federal Law "On Advertising" (as amended on March 28, 2017) states that state supervision in the field of production and display of advertising must be carried out in the manner prescribed by the laws of the Russian Federation. The subject of inspections is the banal fulfillment by officials of the requirements established by the Federal Law under consideration.

What should be the basis for inspections? Here's what the law says:

  • expiration on the elimination of violations;
  • receipt of complaints and applications from citizens to state bodies;
  • detection of gross violations during inspections, failure by advertising companies to comply with mandatory requirements;
  • availability of orders from managers to conduct inspections.

The verification should last no more than twenty working days. However, in exceptional cases it may be extended.

Responsibility for violations

Federal Law No. 38-FZ "On Advertising" establishes the responsibility of advertisers for violation of established requirements. Thus, Article 38 of the draft law states that violation of advertising legislation entails civil liability for legal entities and individuals (from a number of individual entrepreneurs). A lawsuit may be filed with an arbitration court if the antimonopoly body reveals facts of dissemination of unreliable advertising. A case can also be initiated on an administrative offense - mainly for advertising producers and advertising distributors.

Fines paid by unscrupulous employees of advertising services go to the federal budget - about 40 percent of the amount of the fine. 60 percent goes to the budget of the subject.

On June 14, 1995, the State Duma of Russia adopted the first Federal Law "On Advertising", which entered into force on July 18 of the same year.

The law established liability for dishonest, unreliable advertising, defined the rights and obligations of participants in the advertising process, as well as the mechanism of state regulation in the field of advertising.

For the first time, the law gave definitions of the concept of advertising, the main participants in the advertising process: advertiser, advertising producer and caller, advertising distributor, advertising consumer, etc.

To understand the depth of study and the importance of the provisions of the Law for advertising in Russia, let's name several of its sections: "General and special requirements for advertising", "Peculiarities of advertising", "Protection of minors in the production, placement and distribution of advertising", "Rights and obligations of advertisers , advertising producers and advertising distributors”, “Powers of the federal antimonopoly body for state control in the field of advertising and the rights of self-regulatory bodies in the field of advertising”, “Responsibility of the advertiser, advertising producer and advertising distributor”.

The law granted certain rights to self-government bodies in the field of advertising to control advertising activities in Russia. According to him, they had the right to remove unfair advertising, as well as to prosecute violators of the law.

The Law considered the features of certain types of advertising, as well as the features of advertising certain types of goods, such as alcohol, tobacco, medicines, weapons. An important addition to the Law was the adoption of a regulation restricting advertising of tobacco and alcoholic products. This advertisement has been banned from television since January 1, 1997.

The concepts of unreliable and unfair advertising were clearly and thoroughly set out in the Federal Law “On Advertising”, since these issues most often became the subjects of dispute between the parties. The wording given in the Law prevented the possibility of a double interpretation of these concepts in the future.

The presented examples confirm the thesis that this document really covered all issues related to advertising.

During the period that has passed since the adoption of the first Law, the normative acts that were provided for by it continued to be issued. In 1995, the Ministry of Antimonopoly Affairs developed the “Procedure for Considering Cases on Signs of Violation of the RF Legislation on Advertising”. There is a provision in the Criminal Code of the Russian Federation providing for liability for deliberately false advertising.

In 2004, the State Duma adopted Federal Law No. 115-FZ of August 20, 2004 “On Amendments to Article 16 of the Federal Law “On Advertising” concerning restrictions on beer advertising.

More than 10 years have passed since the adoption of the first Law on Advertising. During this time, the Russian advertising industry has stepped far forward, strengthened, survived a serious crisis in 1998. Shortcomings of the first Law appeared that needed to be corrected, and it was also necessary to bring the Law in line with the conditions in which advertisers work today. All these reasons influenced the fact that on March 13, 2006 the President of the Russian Federation signed the second Federal Law No. 38-FZ “On Advertising”.

Finishing the conversation about the most important law for advertisers, let us once again emphasize its fundamental nature. Of course, additions and changes will be accepted to it, as in the case of the text of the first Law - this is inevitable, as time moves forward and advertising activity acquires new perspectives.

The latest version of the law on advertising in the Russian Federation was published on October 10, 2015. The first text was approved by the Duma on February 22, 2006. As in all other cases, in the course of its work, the Federal Law was constantly supplemented, and some of its dispositions and provisions lost their legal meaning, and therefore were immediately canceled. Next, we will acquaint you with the latest developments in the field of promotion of alcohol, tobacco products, medical services and goods.

Changes in the law on advertising for 2016

The current text of the law has also undergone some revisions over the past few years. In particular, now Article 22 no longer works, because. it has been declared invalid. But the legislation of the Russian Federation insists that even canceled dispositions be indicated in laws and codes.

The new format is another confirmation of the above - the distribution of traditional medicine products must now be accompanied by a proper set of documents. The amendments also affected certain requirements for the constituent entities of the Russian Federation (for example, for the Krasnodar and Stavropol Territories).

The promotional provisions of the Advertising Law, as amended, dealt with fair competition (Chapter 5). The goals and scope of action remained the same - information about unfair competition will be transferred to the state executive body, which has the right to protect and fully control legal relations in this area (FAS).

Placement of outdoor advertising in Moscow, Moscow region according to the law on advertising

In Moscow, the Moscow Region and other large administrative centers and regions of Russia, outdoor advertising is carried out in the same manner as in all other regions of the country.

However, in the Moscow region, the provisions of the Federal Law are supplemented by local definitions. For example, promotional activities (this also applies to Moscow) should not be anti-social in nature and violate the rights of the consumer (the so-called social).

Outdoor advertising in any form may not be placed on architectural monuments, road signs, cultural facilities, or without an agreement with the owner of the building or land. And this rule also applies to the administration of the region.

Are pavement signs prohibited by the law on advertising in the latest edition?

The use of pavement signs in the Russian Federation is not yet prohibited. Such structures should not contain anything illegal, and be placed in compliance with the norms noted in the act described by us with changes. On the Internet, there is a lot of not entirely relevant information about the ban on pillars - this is a complete delusion, since nothing is said about this in the law of the Russian Federation under consideration.

Law on advertising on the facade of the building - basic provisions

As already noted, in order to place any advertising information on the facade of a building, it is necessary to obtain permission and come to an agreement with the city administration. Signs on houses, on the street, on the facade of a building (or residential building), even on your own balcony, must be discussed in advance with the administration, or with the management company. The content of the advertising poster is checked for illegal statements, appeals, etc.

At the same time, according to the law on advertising in the latest edition on cars and any other transport (with the exception of public transport, since information on it is also subject to adjustment), you can advertise any permissible object or service without restrictions.

Law on Advertising of Medical Services and Goods - Rules

This provision prescribes the observance of the following imperatives if you wish to promote a particular medical product:

  • it is forbidden to address children (and even use children's images);
  • promotion of unverified and ineffective drugs is not allowed;
  • promotion of medicines as an alternative to a visit to the doctor is prohibited.

Plus, of course, if there are contraindications, then they should be mentioned. More details about the entire list can be found in article 24 of the act.

Advertising of beer and alcohol from January 1, 2015 - what does the law allow and prohibit?

Any mention of alcohol with reference to its usefulness or harmlessness is not allowed from the TV screen, radio, pano, etc. In such a version, images (even drawn ones) of people should also not be used. At the end of any such announcement, there is necessarily information that this alcoholic product, when consumed in large quantities, can cause serious harm to health.

It is expected that something should change for the 2016 FIFA World Cup (but this will not affect strong alcoholic products and tobacco products).

Advertising financial services

Promotion of any banking, appraisal, insurance and other specialized financial services and similar activities (even on television) must necessarily contain the strict name or details of the person offering these services or conducting such activities.

with comments

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

Objectives of the Federal Law

Article 1 of the 38-FZ "On Advertising" defines the objectives of this regulatory act. The law is aimed at developing markets for services, goods and works based on the principle of fair competition. It is thanks to competition that high-quality implementation of consumer rights can be ensured. Advertising is one of the main engines of competition. However, advertising activities need to be controlled, which is what the proposed bill does.

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

Types of advertising

  • Advertising incentive events. The object of advertising can be various contests, games, events, etc.
  • Social advertising companies. The object here can be almost everything that is somehow connected with the promotion of the right way of life. These are, for example, the fight against alcoholism and smoking, a story about family values, etc.
  • Advertising of goods and services. This, one might say, is a classic type of advertising aimed at drawing attention to a certain type of product. It is with this type of advertising that the greatest number of restrictions and requirements from the controlling authorities are associated. Art. 19 38-FZ "On Advertising", for example, says about the technical regulations, which must comply with outdoor advertising. Art. 20 establishes a similar regulation for vehicles.

Advertising distribution

Article 14 of the 38-FZ "On Advertising" establishes the requirements for advertising in television programs. So, for example, it is not allowed to interrupt religious programs, news, as well as programs lasting less than 15 minutes with advertising. Article 15 establishes similar requirements for commercial breaks in radio broadcasts and radio programs.

Article 16 states that it is necessary to make notes with the inscription "advertising" when it comes to printed publications. Article 17 completely prohibits advertising during film screenings. The only option here is to run small clips or trailers before the session starts.

The law establishes the largest number of requirements in Article 19, which establishes the basic requirements for outdoor advertising. It is worth, for example, to single out a ban on the installation of advertising structures that cover road signs, or the mandatory compliance with the regulations of all outdoor advertising.

Advertising features

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

  • condemnation of abstinence from alcohol;
  • addressing minors;
  • the presence of statements about the allegedly "socially important role" of alcoholic products, etc.

When it comes to drugs, the prohibitions are similar. One can add, perhaps, the responsibility for creating the impression of "the uselessness of going to the doctor", the prohibition on exaggerating data about the effect of a particular drug, etc.

Prohibition on certain types of advertising

Article 7 of the 38-FZ "On Advertising" (as amended) establishes certain types of goods, the advertising of which is strictly prohibited. What are these goods? As you might guess, these are products whose sale is prohibited on the territory of the Russian Federation. This includes narcotic drugs, psychotropic substances, explosive materials, human organs or tissues, unregistered goods, tobacco products, smoking paraphernalia, and medical abortion services.

This list changes quite frequently. It is worth recalling, for example, Dmitry Medvedev's decree as President of Russia. Dmitry Anatolyevich imposed a ban on the advertising of any alcoholic products. However, this ban has recently been lifted.

About self-regulation

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

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

  • development, installation and publication of the rules of the organization;
  • participation in the consideration of cases by antimonopoly authorities;
  • representation of the legitimate interests of members of the organization;
  • control over the activities of members of the organization;
  • contesting in court complaints filed against the organization, etc.

State supervision

  • Issuing notices to advertisers about breaking the law;
  • issuance of the same instructions to public authorities, with information about the violations committed by one or another body;
  • bringing claims to the arbitration court;
  • application of liability measures in accordance with the legislation of the Russian Federation;
  • organizing and conducting inspections for compliance with the requirements of the law, etc.

What opportunities, according to the law "On Advertising", do advertisers have during inspections by the relevant authorities? There are two main points to highlight here:

  • the right to familiarize with the protocol or with the progress of the audit;
  • the right to challenge decisions in court.

What liability threatens violators of the Federal Law of March 13, 2006 No. 38-FZ "On Advertising"? More on this later.

Advertisers' liability

Punishment of unscrupulous employees in the field of advertising takes place in accordance with the norms of the Civil Code of the Russian Federation. If this or that advertisement has violated the interests and rights of any person, then it is worth filing a corresponding complaint with an arbitration court or with a court from the general jurisdiction system (depending on the complaint).

The antimonopoly authority will also enter into the case, whose task will be to prove non-compliance with the law "On Advertising" of certain types of activities carried out by an advertising organization.

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

The Law "On Advertising" was adopted on March 13, 2006. The bill regulates comprehensive requirements for materials containing information of an advertising nature, methods of transmission, imposes a ban or reduces the advertising of certain types of goods and establishes the basic principles of municipal control in this area.

Federal Law No. 38-FZ consists of 6 chapters and 40 articles. A brief overview gives the reader an idea of ​​the content of this bill:

  • general information about the tasks, requirements, terminology, etc.;
  • characteristic features of the distribution methods of various types of advertising;
  • nature of advertising of special types of products;
  • a union of advertisers empowered to protect the interests of its representatives and to create and regulate compliance with ethical standards for the use of advertising notices;
  • government control in the field of advertising and types of liability for violation of the provisions of the Federal Law;
  • final provisions.

The last amendments were made by the President on April 1, 2017. However, the law also has a new version, which will come into force only on September 1, 2017.

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Last changes

The last changes were made on April 1st of the current year. Let's take a look at the changes that have been made:

Article 3

Article 3 of the Law "On Advertising" is valid from the last edition of May 13, 2009. Since then, no new amendments have been made to it. This article talks about the basic concepts that are used in the Federal Law. Terms are given with a brief explanation. There are 12 terms in total:

  • advertising- brief information about the product, designed to promote it on the market and maintain interest in it;
  • object of advertising– an object that needs to be announced and promoted on the market;
  • product— object/work/service to be sold;
  • inappropriate advertising- a type of material that does not meet the standards of the law of the Russian Federation;
  • advertiser- a manufacturer / seller who promotes his product with the help of advertising;
  • advertising producer - a person who comes up with an announcement for a product;
  • advertising distributor - a person who distributes notices, informational type in any way and in any form;
  • consumers of advertising the public (potential buyers) whose interest should be aroused by the advertisement;
  • sponsor- a person who helps financially;
  • sponsored advertising material that is released with the obligatory mention of the sponsor in it;
  • social advertisement- material that is aimed at charity and protecting the interests of the state;
  • antitrust authority is the national antimonopoly authority.

These concepts help to better understand Federal Law No. 38-FZ.

Article 16

Article 27

  • apply to persons under the age of 18;
  • to mislead that gambling is a method to earn money for a livelihood;
  • to assure that the risks are minimal, and the probability of winning is greater than it actually is;
  • contain evidence of receipt of winnings by persons who did not receive it;
  • assure that gambling will lead to public recognition and success;
  • speak negatively about persons who do not participate in gambling;
  • create the effect that winnings are guaranteed;
  • use human and animal images.

Amendments have already been made to the second part of Law No. 38-FZ. Advertising is allowed:

  • in TV and radio programs from 10 pm to 7 am, but advertising of bookmakers is allowed at any time, if the duration is no more than 20% of the total time;
  • in buildings where gambling is held, except for transport infrastructure buildings;
  • in newspapers, magazines, etc.

Also, the Law No. 38-FZ introduced clauses describing where advertising is allowed:

  • conducted by the organizers in betting shops - in newspapers, magazines and other printed publications of a physical culture and sports nature, on the Internet;
  • in sports facilities;
  • on sports uniforms of players or in sports clubs.

Notices of information type must contain by law:

  • prize draw period;
  • information about the organizer, rules of conduct, period, place and time of receiving prizes.

However, there is already a version of the law, which will come into force in early September this year. The following articles have been amended:

Article 5

Law No. 38-FZ describes the requirements applicable to advertising materials. Initially, it consisted of 11 points, but in the new edition, 12 points were introduced. It states that in the case of placement, based on the data obtained from the analysis of the volume of the audience, advertising on a TV channel, advertisers and distributors must use the specified information in accordance with the agreements they have concluded with organizations. These organizations are authorized to conduct research by the federal executive service, which performs the functions of control and supervision in the media.

Otherwise, advertising must be reliable and fair. It must be in Russian - this is a prerequisite. The law prohibits advertising that encourages aggression and violence. Advertising materials must not interrupt children's, religious and educational programs. This is possible only with the consent of the copyright holder. Ads should not appear more than once every 15 minutes.

Article 38

Describes the responsibility that advertisers and distributors bear for violating Federal Law No. 38-FZ:

  • physical and the legal entity will be liable under the Civil Code;
  • persons whose interests were violated in the course of advertising may apply to the court / arbitration court and demand damages, compensation for moral damage, refute the information announced in the advertising material, etc.;
  • if advertisers, distributors and manufacturers violate the law, they will be punished in accordance with the Code of Administrative Offenses;
  • an advertiser who violated the requirements for the content of information in the advertisement, prescribed in parts 2-8, 12 (added in new edition) art.5, art. 6-9, Parts 4-6 of Article 10, Article 12, Part 3 of Article 19, Parts 2 and 6 of Article 20, Parts 1, 3, 5 of Article 21, Articles 24 and 25, Parts 1 and 6 of Article 26, Parts 1 and 5 of Article 27, Articles 28-30.1 of this Federal Law, will be liable;
  • distributors will be liable for violation of the requirements regarding the place, time and means of advertising, prescribed in paragraph 3, part 4, paragraph 6, part 5, part 9-10.2 (deleted parts 10, 10.1), 12(added in new edition) Art.5, Art.7-9, 12, 14-18, Parts 2-4 and 9 Art.19, Parts 2-6 Art.20, Parts 2-5 Art.21, Parts 7-9 Article 24, Article 25, Parts 1-5 Article 26, Parts 2 and 5 Article 27, Parts 1, 4, 7, 8, 11 and 13 Article 28, Parts 1, 3, 4 , 6 and 8 Article 29, Parts 1 and 2 Article 30.1 of this Federal Law;
  • the advertising producer will be punished for violating the requirements for the design, production and preparation of advertising in parts 6-7 of this article;
  • fines fall into the federal budget in the amount of 40%, and into the budget of the constituent entity of the Russian Federation - 60%.

These are all the latest changes that are expected in the future in the law "On Advertising".