Federal Law of the Russian Federation “On Advertising. Federal law of the Russian Federation "On advertising What to refer to advertising law of the Russian Federation

Accepted State Duma February 22, 2006
Approved by the Federation Council on March 3, 2006

Chapter 1. General provisions

Article 1 Purposes of this Federal Law

The objectives of this Federal Law are the development of markets for goods, works and services based on the observance of the principles of fair competition, ensuring Russian Federation the unity of the economic space, the realization of the right of consumers to receive fair and reliable advertising, the prevention of violations of the legislation of the Russian Federation on advertising, as well as the suppression of the facts of inappropriate advertising.

Article 2 Scope of application of this Federal Law

1. Real the federal law applies to relations in the field of advertising, regardless of the place of its production, if the distribution of advertising is carried out on the territory of the Russian Federation.

2. This Federal Law does not apply to:

2) information, disclosure or dissemination or bringing to the consumer of which is mandatory in accordance with federal law;

3) reference and informational and analytical materials (reviews of domestic and foreign markets, results of scientific research and testing), which do not have as their main purpose the promotion of goods on the market and are not social advertising;

4) message bodies state power, other state bodies, messages of local governments, messages of municipal bodies that are not included in the structure of local governments, if such messages do not contain advertising information and are not social advertising;

5) signboards and signs that do not contain information of an advertising nature;

6) announcements individuals or legal entities not related to the implementation of entrepreneurial activities;

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

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

9) references to the product, the means of its individualization, the manufacturer or the seller of the product, which are organically integrated into works of science, literature or art and in themselves are not promotional information.

3. The provisions of this Federal Law relating to the manufacturer of goods also apply to persons performing work or providing services.

4. Special requirements and restrictions established by this Federal Law in relation to advertising certain types goods shall also apply to advertising of means of individualization of such goods, their manufacturers or sellers, unless the advertisement of means of individualization of an individual product, its manufacturer or seller clearly does not refer to a product in relation to the advertising of which special requirements and restrictions are established by this Federal Law.

Article 3 Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at drawing attention to the object of advertising, generating or maintaining interest in it and promoting it on the market;

2) the object of advertising - a product, a means of its individualization, a manufacturer or seller of goods, the results of intellectual activity or an event (including a sports competition, concert, contest, festival, risk-based games, bets), to attract attention to which advertising is directed;

3) goods - a product of activity (including work, service) intended for sale, exchange or other introduction into circulation;

9) sponsor - a person who provided funds or ensured the provision of funds for organizing and (or) holding a sports, cultural or any other event, creating and (or) broadcasting a television or radio program, or creating and (or) using another result of creative activity;

11) social advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at achieving charitable and other socially useful goals, as well as ensuring the interests of the state;

12) antimonopoly body - the federal antimonopoly body and its territorial bodies.

Article 4 Legislation of the Russian Federation on advertising

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

2) defames honor, dignity or business reputation persons, including a competitor;

3) is an advertisement of a product, the advertising of which is prohibited in this way, at a given time or in this place if it is carried out under the guise of advertising another product, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of the product, in relation to the advertising of which the relevant requirements and restrictions are 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 the antitrust laws.

2) any characteristics of the product, including its nature, composition, method and date of manufacture, purpose, consumer properties, the conditions for the use of the product, its place of origin, the presence of a certificate of conformity or a declaration of conformity, marks of conformity and signs of circulation on market, service life, shelf life of the goods;

3) on the assortment and on the complete set of goods, as well as on the possibility of their acquisition in a certain place or within a certain period of time;

4) on the cost or price of the goods, the procedure for its payment, the amount of discounts, tariffs and other conditions for the acquisition of goods;

5) on the terms of delivery, exchange, repair and maintenance of goods;

6) on warranty obligations of the manufacturer or seller of 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, emblems, anthems) and symbols of international organizations;

9) on official or public recognition, on receiving medals, prizes, diplomas or other awards;

11) on the results of research and testing;

12) about providing additional rights or benefits to the purchaser of the advertised product;

15) on the rules and deadlines for holding an incentive lottery, contest, 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 about 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, betting, terms, place and procedure for receiving prizes or winnings based on the results of risk-based games, betting , about their organizer, as well as about the source of information about risk-based games, bets;

17) on the source of information subject to disclosure in accordance with federal laws;

18) about the place where, prior to concluding a contract for the provision of services, interested persons 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 obligated by the security;

1) induce to commit unlawful acts;

2) call for violence and cruelty;

3) be similar to road signs or otherwise threaten the safety of road, rail, water, air transport;

4) form a negative attitude towards persons who do not use the advertised goods, or condemn such persons.

1) the use of foreign words and expressions that can lead to a distortion of the meaning of information;

3) demonstration of smoking and consumption processes alcoholic products, as well as beer and drinks made on its basis;

4) the use of images of medical and pharmaceutical workers, with the exception of such use in advertising of medical services, personal hygiene products, in advertising, the consumers of which are exclusively medical and pharmaceutical workers, in advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, in advertising placed in printed publications intended for medical and pharmaceutical workers;

6) an indication of the medicinal properties, that is, a positive effect on the course of the disease, of the object of advertising, with the exception of such an indication in the advertisement of medicines, medical services, including methods of treatment, medical devices and medical equipment.

6. In advertising, it is not allowed to use 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, emblems, hymns), religious symbols, objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, as well as objects of cultural heritage included in the World Heritage List.

7. Advertising is not allowed, in which there is no part of the essential information about the advertised product, about the conditions for its acquisition or use, if the meaning of the information is distorted and consumers of advertising are misled.

8. Advertising of goods, in respect of which the rules for use, storage or transportation or regulations for use have been approved in accordance with the established procedure, must not contain information that does not comply with such rules or regulations.

9. It is not allowed to use in radio, television, video, audio and film products or in other products and distribute hidden advertising, that is, advertising that has an effect on their consciousness that is not realized by consumers of advertising, including such an effect through the use special video inserts (double sound recording) and in other ways.

11. When producing, placing and distributing advertisements, the requirements of the legislation of the Russian Federation, including the requirements of the legislation on the state language of the Russian Federation, legislation on copyright and related rights, must be observed.

Article 6 Protection of minors in advertising

In order to protect minors from abuse of their trust and lack of experience in advertising, it is not allowed:

1) discrediting parents and educators, undermining the confidence in them among minors;

2) inducing minors to persuade their parents or other persons to purchase the advertised product;

3) the creation in minors of a distorted idea of the availability of goods for a family with any level of income;

4) creating the impression among minors that the possession of the advertised product puts them in a preferable position over their peers;

5) the formation of an inferiority complex in minors who do not possess the advertised product;

6) showing minors in dangerous situations;

7) underestimation of the level of skills necessary for the use of the advertised product among minors of the age group for which this product is intended;

8) the formation of an inferiority complex in minors associated with their external unattractiveness.

1) goods, the production and (or) sale of which is prohibited by the legislation of the Russian Federation;

2) narcotic drugs, psychotropic substances and their precursors;

3) explosive substances and materials, with the exception of pyrotechnic products;

4) human organs and (or) tissues as objects of sale and purchase;

5) goods subject to state registration, in the absence of such registration;

6) goods subject to mandatory certification or other mandatory confirmation of compliance with the requirements of technical regulations, in the absence of such certification or confirmation of such compliance;

7) goods, the production and (or) sale of which requires obtaining licenses or other special permits, in the absence of such permits.

In advertising of goods in the case of a remote method of their sale, information about the seller of such goods must be indicated: name, location and state registration number records of the creation of a legal entity; surname, name, patronymic, main state registration number of the entry on the state registration of an individual as an individual entrepreneur.

An advertisement announcing a stimulating lottery, contest, game or other similar event, the condition for participation in which is the purchase of a certain product (hereinafter referred to as the stimulating event), must indicate:

1) the timing of such an event;

2) a source of information about the organizer of such an event, about the rules for holding it, the number of prizes or winnings based on the results of such an event, the timing, place and procedure for receiving them.

1. Advertisers of social advertising may be individuals, legal entities, state authorities, other state bodies and local self-government bodies, as well as municipal bodies that are not part of the structure of local self-government bodies.

2. State authorities, other state bodies and local self-government bodies, as well as municipal bodies that are not part of the structure of local self-government bodies, place orders for the production and distribution of social advertising in accordance with the legislation of the Russian Federation.

3. The conclusion of an agreement for the distribution of social advertising is mandatory for an advertising distributor within five percent of the annual volume of advertising distributed by him (including the total time of advertising distributed in television and radio programs, the total advertising space of a printed publication, the total advertising space advertising structures). The conclusion of such an agreement is carried out in the manner prescribed by the Civil Code of the Russian Federation.

4. In social advertising it is not allowed to mention specific brands (models, articles) of goods, trademarks, service marks and other means of their individualization, individuals and legal entities, with the exception of mentioning state authorities, other state bodies, local governments, about municipal authorities, which are not included in the structure of local governments, and about sponsors.

If, in accordance with the Civil Code of the Russian Federation, an advertisement is recognized as an offer, such an offer is valid for two months from the date of distribution of the advertisement, provided that no other period is indicated in it.

Advertising materials or their copies, including all changes made to them, as well as contracts for the production, placement and distribution of advertising must be stored for a year from the date of the last distribution of advertising or from the date of expiration of such contracts, except for documents in respect of which the legislation of the Russian Federation establishes otherwise.

The advertiser, at the request of the advertiser, is obliged to provide documented information on the compliance of the advertisement with the requirements of this Federal Law, including information on the availability of a license, mandatory certification, and state registration.

Chapter 2 Features of individual methods of advertising distribution

1. Interruption of a TV program or a TV show by an advertisement, i.e. stopping the broadcast of a TV program or a TV show to display an advertisement, must be preceded by a message about the subsequent broadcast of an advertisement, with the exception of interruption by a sponsored advertisement.

1) occupy more than seven percent of the area of the frame;

2) superimposed on subtitles, as well as inscriptions of an explanatory nature.

3. The total duration of advertising distributed in a TV program (including such advertising as TV shops), interrupting a TV program with an advertisement (including sponsored advertising) and combining an advertisement with a TV program using a "creeping line" method or otherwise superimposing it on a frame of a TV program may not exceed fifteen percent of broadcast time for an hour.

1) religious TV shows;

2) TV shows less than fifteen minutes long.

5. The television programs referred to in paragraph 4 of this article may be interrupted by sponsored advertising immediately at the beginning and immediately before the end of such television programs, provided that the total duration of such advertising does not exceed thirty seconds.

6. It is not allowed to interrupt with advertising, including sponsorship advertising, the broadcast of campaign materials distributed in television programs and television programs in accordance with the legislation of the Russian Federation on elections and the legislation of the Russian Federation on a referendum.

7. In children's and educational TV shows, the duration of which is not less than fifteen minutes, it is allowed to distribute advertisements immediately at the beginning of the TV show, lasting one minute, and immediately before the end of the TV show, lasting one minute. In children's and educational TV shows, the duration of which is not less than twenty-five minutes, advertising is allowed to be distributed immediately at the beginning of the TV show, lasting one and a half minutes, and immediately before the end of the TV show, lasting one and a half minutes. In children's and educational TV shows, the duration of which is not less than forty minutes, advertising is allowed to be distributed immediately at the beginning of the TV show, lasting two and a half minutes, and immediately before the end of the TV show, lasting two and a half minutes. In children's and educational TV shows, the duration of which is one hour or more, advertising is allowed to be distributed immediately at the beginning of the TV show for a duration of three minutes and immediately before the end of the TV show for a duration of three minutes.

8. Live broadcast or recorded sports competition (including sports matches, games, fights, races) may be interrupted by advertising, including sponsorship advertising, only during breaks during sports competitions or during their stops.

9. A live or recorded broadcast of a sporting event that does not include breaks or stops may be interrupted by advertisements in such a way that the interruption of the broadcast does not result in the loss of some of the essential information about the sporting event. At the same time, the total duration of such advertising cannot exceed twenty percent of the actual broadcast time of a sports competition.

10. Other TV programs, including feature films, may be interrupted by commercials in such a way that the duration of each interruption of the said TV programs by commercials does not exceed four minutes.

11. The requirements established by parts 1-10 of this article do not apply to television programs that are registered as mass media specializing in messages and materials of an advertising nature and are broadcast on the basis of a broadcasting license, provided that in such television programs the duration of advertising is eighty or more percent of the time of actual broadcasting during the day.

12. When an advertisement is broadcast, its sound level, as well as the sound level of a message about the subsequent broadcast of an advertisement, must not exceed the average sound level of the TV program or TV show interrupted by the advertisement. The parameters of the ratio of the sound level of advertising and the sound level of the TV program or TV show interrupted by it are determined by the requirements of the technical regulation.

13. In television programs broadcast in accordance with the Federal Law of January 13, 1995 N 7-FZ "On the procedure for covering the activities of state authorities in state media" (hereinafter - the Federal Law "On the procedure for covering the activities of state authorities in state media media"), distribution of advertising is not allowed.

14. In television programs, advertising is not allowed on the days of mourning declared in the Russian Federation.

15. The restrictions established by this Federal Law with regard to advertising of certain types of goods in television programs do not apply to:

16. The requirements of this article do not apply to:

1) information placed in TV programs about TV programs broadcast on the relevant TV channel;

2) TV program logo and information about this TV program.

1. Interruption of a radio program or broadcast by an advertisement must be preceded by a notice of the subsequent broadcast of the advertisement, with the exception of interruption by a sponsored advertisement.

2. In radio programs that are not registered as mass media and specialize in messages and materials of an advertising nature, the duration of advertising cannot exceed twenty percent of the broadcast time during the day.

3. In radio programs, it is not allowed to interrupt the following radio broadcasts with advertisements:

1) religious radio broadcasts;

2) radio broadcasts lasting less than fifteen minutes.

4. The radio broadcasts referred to in paragraph 3 of this Article may be interrupted by sponsor advertisements immediately at the beginning and immediately before the end of the radio broadcast, provided that the total duration of such advertisements does not exceed thirty seconds.

5. It is not allowed to interrupt with advertising, including sponsorship advertising, the broadcast of campaign materials distributed in radio programs and radio broadcasts in accordance with the legislation of the Russian Federation on elections and the legislation of the Russian Federation on a referendum.

6. In children's and educational radio broadcasts, the duration of which is not less than fifteen minutes, it is allowed to distribute advertisements immediately at the beginning of the radio broadcast, lasting one minute, and immediately before the end of the radio broadcast, lasting one minute. In children's and educational radio broadcasts, the duration of which is not less than twenty-five minutes, advertising is allowed to be distributed immediately at the beginning of the radio broadcast, lasting one and a half minutes, and immediately before the end of the radio broadcast, lasting one and a half minutes. In children's and educational radio broadcasts, the duration of which is not less than forty minutes, advertising is allowed to be distributed immediately at the beginning of the radio broadcast, the duration of which is two and a half minutes, and immediately before the end of the radio broadcast, the duration of which is two and a half minutes. In children's and educational radio broadcasts, the duration of which is one hour or more, it is allowed to distribute advertising immediately at the beginning of the radio broadcast for a duration of three minutes and immediately before the end of the radio broadcast for a duration of three minutes.

7. Radio broadcasting live or in the recording of sports competitions (including sports matches, games, fights, races) may be interrupted by advertising, including sponsorship advertising, only during breaks during sports competitions or during their stops.

8. A live or recorded radio broadcast of a sporting event that does not provide for breaks or stops may be interrupted by advertisements in such a way that the interruption of the radio broadcast does not lead to the loss of some of the essential information about the sporting event. At the same time, the total duration of such advertising cannot exceed twenty percent of the broadcast time of a sports competition.

9. Other radio broadcasts may be interrupted by advertising as many times as fifteen-minute periods include these radio broadcasts, as well as additionally by sponsor advertising immediately at the beginning and immediately before the end of the radio broadcast, provided that the total duration of such sponsor advertising does not exceed thirty seconds.

10. The requirements established by parts 1-9 of this article do not apply to radio programs that are registered as mass media specializing in messages and materials of an advertising nature and are broadcast on the basis of a broadcasting license, provided that in such radio programs the duration of advertising is eighty or more percent of the time of actual broadcasting during the day.

11. When an advertisement is broadcast, its sound level, as well as the sound level of a message about the subsequent broadcast of an advertisement, must not exceed the average sound level of the radio program or broadcast interrupted by the advertisement. The parameters of the ratio of the sound level of advertising and the sound level of the radio program or broadcast interrupted by it are determined by the requirements of the technical regulation.

12. In radio broadcasts broadcast in accordance with the Federal Law "On the procedure for covering the activities of state authorities in state media", the distribution of advertising is not allowed.

13. In radio programs, advertising is not allowed on days of mourning declared in the Russian Federation.

14. The requirements of this article do not apply to:

1) information placed in radio programs about radio programs broadcast on the corresponding radio channel;

2) messages about the name of the radio program and the frequency of its broadcasting, as well as other information about this radio program.

Placement of the text of advertising in periodicals that do not specialize in messages and materials of an advertising nature must be accompanied by the mark "advertising" or the mark "on the rights of advertising". The volume of advertising in such publications should be no more than forty percent of the volume of one issue of printed periodicals. The requirement to comply with the specified volume does not apply to periodicals that are registered as specializing in messages and promotional materials and on the cover and imprint of which contains information about such specialization.

During film and video services, it is not allowed to interrupt the film demonstration by advertising, as well as to combine advertising with the film demonstration by the "creeping line" method or in any other way by superimposing it on the frame of the film being shown.

1. Distribution of advertising over telecommunication networks, including through the use of telephone, facsimile, mobile radiotelephone communications, is allowed only with the prior consent of the subscriber or addressee to receive advertising. At the same time, advertising is recognized as distributed without the prior consent of the subscriber or addressee, unless the advertising distributor proves that such consent has been obtained. The advertiser is obliged to immediately stop the distribution of advertising to the address of the person who applied to him with such a demand.

2. It is not allowed to use telecommunication networks for advertising distribution using means of selection and (or) dialing a subscriber number without human participation (automatic dialing, automatic mailing).

3. In the case of reference telephone service (both paid and free of charge), including those carried out by means of mobile radiotelephone communications, advertising may be provided only after the information requested by the subscriber has been provided.

4. When providing telephone connections on the terms of a time-based payment system, the time during which advertising is distributed should not be taken into account when determining the cost of such a telephone service.

1. Distribution of outdoor advertising using billboards, stands, building nets, banners, electronic displays, balloons, balloons and other technical means stable territorial placement (hereinafter referred to as advertising structures), mounted and placed on external walls, roofs and other structural elements buildings, structures, structures or outside them, as well as stopping points for traffic public transport carried out by the owner of the advertising structure, which is an advertising distributor, in compliance with the requirements of this article.

5. Installation and operation of an advertising structure is carried out by its owner under an agreement with the owner land plot, building or other real estate to which the advertising structure is attached, or with a person authorized by the owner of such property, including with the tenant.

6. If the real estate to which the advertising structure is attached is assigned by the owner to another person on the basis of the right of economic management, the right operational management or other real right, an agreement for the installation and operation of an advertising structure is concluded with a person who has the right of economic management, the right of operational management or other real right to such immovable property.

7. If the real estate, to which the advertising structure is attached, is transferred by the owner to trust management, the contract for the installation and operation of the advertising structure is concluded with the trustee, provided that the trust management agreement does not restrict the trustee from performing such actions with the relevant property.

8. For the period of validity of the contract, the owner of the advertising structure has the right to unimpeded access to the real estate to which the advertising structure is attached, and to use this property for purposes related to the exercise of the rights of the owner of the advertising structure, including its operation, maintenance and dismantling.

9. The installation of an advertising structure is allowed if there is a permit for the installation of an advertising structure (hereinafter also referred to as a permit) issued on the basis of an application from the owner or other legal owner of the relevant immovable property specified in parts 5-7 of this article or the owner of the advertising structure by the local self-government body of the municipal district or by the local government of the city district, in the territories of which the installation of an advertising structure is supposed to be carried out.

10. Installation of an advertising structure without permission (unauthorized installation) is not allowed. In case of unauthorized installation of an advertising structure again, it is subject to dismantling on the basis of an order from the local self-government body of the municipal district or the local self-government body of the urban district in whose territories the advertising structure is installed.

11. The application referred to in paragraph 9 of this Article shall be accompanied by:

1) data on the applicant - an individual or data on state registration of a legal entity or state registration of an individual as an individual entrepreneur;

2) confirmation in writing of the consent of the owner or other legal owner of the relevant immovable property specified in paragraphs 5-7 of this article to attach an advertising structure to this property, if the applicant is not the owner or other legal owner of the immovable property.

12. The local self-government body of a municipal district or the local self-government body of an urban district shall not be entitled to require the applicant to submit documents and information that are not related to the territorial location, appearance and technical parameters advertising structure, as well as to charge, in addition to the state fee, an additional fee for the preparation, execution, issuance of a permit and other actions related to the issuance of a permit.

13. The local self-government body of a municipal district or the local self-government body of an urban district independently coordinates with the authorized bodies necessary for making a decision on issuing a permit or refusing to issue it. In this case, the applicant has the right to independently obtain such approval from the authorized bodies and submit it to the local self-government body of the municipal district or the local self-government body of the urban district.

14. A decision in writing to issue a permit or to refuse to issue it must be sent by the local self-government body of the municipal district or the local self-government body of the urban district to the applicant within two months from the date of receipt of the necessary documents from him. An applicant who has not received within the specified period from the local government body of the municipal district or the local government body of the city district a decision in writing on the issuance of a permit or on the refusal to issue it, within three months has the right to apply to the court or court of Arbitration with a statement on the recognition of the inaction of the relevant local self-government body as illegal.

15. The decision to refuse to issue a permit must be motivated and taken by the local self-government body of the municipal district or the local self-government body of the urban district solely on the following grounds:

3) violation of the requirements of regulatory enactments on traffic safety;

4) violation of the external architectural appearance of the existing development of a settlement or urban district;

5) violation of the requirements of the legislation of the Russian Federation on objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, their protection and use.

16. If the local self-government body of a municipal district or the local self-government body of an urban district refuses to issue a permit, the applicant, within three months from the date of receipt of the decision to refuse to issue a permit, has the right to apply to a court or arbitration court with an application to recognize such a decision as illegal.

17. The permit is issued by the local self-government body of the municipal district or the local self-government body of the urban district for a period of five years.

18. The local self-government body of a municipal district or the local self-government body of an urban district shall make a decision to annul a permit:

1) within a month from the day the owner of the advertising structure sends him a written notice of his refusal to further use the permit;

2) within a month from the moment the owner or other legal owner of the immovable property to which the advertising structure is attached sends him a document confirming the termination of the contract concluded between such owner or such owner of the immovable property and the owner of the advertising structure;

3) if within a year from the date of issue of the permit, the advertising structure is not installed;

19. The decision to annul the permit may be appealed to a court or arbitration court within three months from the date of its receipt.

20. A permit may be invalidated by a court in the event of:

4) violation of the external architectural appearance of the existing development of the settlement or urban district - at the claim of the local government;

21. If the permit is canceled or declared invalid, the owner of the advertising structure or the owner or other legal owner of the relevant immovable property to which such a structure is attached, is obliged to dismantle the advertising structure within a month.

22. If the obligation to dismantle the advertising structure is not fulfilled, the local self-government body of the municipal district or the local self-government body of the urban district shall have the right to apply to a court or arbitration court with a claim for the forced dismantling of the advertising structure. If a court or an arbitration court decides to forcibly dismantle an advertising structure, its dismantling, storage or, if necessary, destruction is carried out at the expense of the owner or other legal possessor of the real estate to which the advertising structure was attached. At the request of the owner or other legal possessor of such immovable property, the owner of the advertising structure is obliged to reimburse him for reasonable expenses incurred in connection with the dismantling, storage or, if necessary, destruction of the advertising structure.

23. The requirements of this article in terms of obtaining permits do not apply to shop windows, kiosks, stalls, mobile points of trade, street umbrellas.

24. The provisions of this article, which determine the powers of local self-government bodies, shall apply to intracity municipalities of the federal cities of Moscow and St. Petersburg, if, in accordance with Federal Law No. 131-FZ of October 6, 2003 "On general principles organizations of local self-government in the Russian Federation" the laws of the subjects of the Russian Federation - the federal cities of Moscow and St. Petersburg do not establish the procedure according to which the said powers are exercised by the state authorities of the said subjects of the Russian Federation.

1. Placement of advertising on a vehicle is carried out on the basis of an agreement concluded by the advertiser with the owner of the vehicle or a person authorized by him or with a person who has another property right to the vehicle.

2. The use of vehicles exclusively or primarily as mobile advertising structures is prohibited.

1) special and operational services with a certain color and graphic coloring provided for by the requirements of the technical regulation;

2) equipped with devices for supplying special light and sound signals;

3) federal postal service, on the side surfaces of which there are diagonal white stripes on a blue background;

4) intended for the carriage of dangerous goods.

4. Placement on vehicles of distinctive signs indicating their belonging to any persons is not an advertisement.

5. Advertising placed on vehicles must not pose a threat to traffic safety, including limiting the view of vehicle drivers and other traffic participants, and must comply with other requirements of technical regulations.

2) condemn abstinence from the consumption of alcoholic products;

6) use images of minors.

1) on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines;

3) in television and radio programs, with film and video services;

4) on all types of vehicles common use;

5) using technical means of stable territorial placement (advertising structures) mounted and placed on roofs, external walls and other structural elements of buildings, structures, structures or outside them;

3. Advertising of alcoholic products in each case must be accompanied by a warning about the dangers of its excessive consumption, and at least ten percent of the advertising space (space) must be allocated to such a warning.

4. Advertising campaigns accompanied by the distribution of samples of alcoholic products are allowed only in organizations engaged in the retail sale of alcoholic products, in compliance with the requirements established by the legislation of the Russian Federation on advertising. At the same time, it is prohibited to involve minors in the distribution of samples of alcoholic products, and it is also prohibited to offer them such samples.

2) to condemn the abstinence from the consumption of beer and drinks made on its basis;

5) address minors;

6) use images of people and animals, including those made with the help of animation (animation).

1) in TV programs from 07:00 to 22:00 local time and on radio programs from 09:00 to 24:00 local time;

2) in printed publications intended for minors, radio and television programs, audio and video products;

3) for film and video services from 7 a.m. to 8 p.m. local time;

4) on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines;

5) in the mass media registered as specializing in the issues of ecology, education, health protection;

6) in children's, educational, medical, health resort, health, military organizations, theaters, circuses, museums, houses and palaces of culture, concert and exhibition halls, libraries, lecture halls, planetariums and at a distance closer than one hundred meters from the buildings occupied by them , buildings, structures;

7) in health and fitness, sports facilities and at a distance of less than one hundred meters from such facilities.

3. Advertising of beer and drinks made on its basis, in each case, must be accompanied by a warning about the dangers of excessive consumption of beer and drinks made on its basis. In advertisements distributed in radio programs, the duration of such a warning must be at least three seconds, in advertising distributed in television programs and in film and video services - not less than five seconds, and such a warning must be allocated not less than seven percent of the area. frame, and in advertising distributed by other means - not less than ten percent of the advertising area (space).

4. Carrying out promotional campaigns, accompanied by the distribution of samples of beer and drinks made on its basis, in organizations or places where retail sale of beer and drinks made on its basis is not allowed. When conducting advertising campaigns accompanied by the distribution of samples of beer and drinks made on its basis, in other organizations or places it is prohibited to involve minors in the distribution of samples and offer them such samples.

2) condemn abstinence from smoking;

3) address minors;

4) use images of minors.

1) in television and radio programs, with film and video services;

2) in printed publications intended for minors, audio and video products;

3) on the first and last pages of newspapers, as well as on the first and last pages and covers of magazines;

4) using technical means of stable territorial placement (advertising structures) mounted and placed on roofs, external walls and other structural elements of buildings, structures, structures or outside them;

5) on all types of public transport vehicles;

7) in health and fitness, sports facilities and at a distance of less than one hundred meters from such facilities.

3. Advertising of tobacco and tobacco products in each case must be accompanied by a warning about the dangers of smoking, and at least ten percent of the advertising space (advertising space) must be allocated to such a warning.

4. Carrying out promotional campaigns, accompanied by the distribution of samples of tobacco products, in organizations or places where retail sale of such products or certain types of them is not allowed, is prohibited. When conducting advertising campaigns accompanied by the distribution of samples of tobacco, tobacco products and smoking accessories, it is prohibited to involve minors in their distribution, as well as to offer them such samples.

4) to create an idea of the advantages of the object of advertising by referring to the fact of conducting research that is mandatory for the state registration of the object of advertising;

6) contribute to the creation in a healthy person of the impression of the need to use the object of advertising;

7) create the impression of the uselessness of going to the doctor;

8) guarantee the positive effect of the object of advertising, its safety, effectiveness and the absence of side effects;

2. The requirements of paragraph 6 of part 1 of this article do not apply to advertising of medicines used for the prevention of diseases.

3. The requirements of paragraphs 2-5 of part 1 of this article also apply to advertising of medical services, including advertising of methods of treatment, diagnostics, prevention and rehabilitation.

4. The requirements of paragraphs 1-8 of part 1 of this article also apply to advertising of medical equipment.

5. The requirements of paragraphs 2 and 3 of part 1 of this article do not apply to advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, as well as in specialized printed publications intended for medical and pharmaceutical workers, and to other advertising , whose consumers are exclusively medical and pharmaceutical workers.

6. Communication in advertising about the properties and characteristics, including methods of application and use, of medicines and medical equipment is allowed only within the indications contained in the instructions approved in the established manner for the use and use of such objects of advertising.

7. Advertising of medicines, medical services, including methods of treatment, medical equipment, must be accompanied by a warning about the presence of contraindications to their use and use, the need to familiarize themselves with the instructions for use or obtain expert advice. In advertisements distributed in radio programs, the duration of such a warning must be at least three seconds, in advertising distributed in television programs and in film and video services - at least five seconds, and at least seven percent of the frame area must be allocated, and in advertising distributed by other means - not less than five percent of the advertising area (advertising space). The requirements of this part do not apply to advertising distributed at the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events, as well as in specialized printed publications intended for medical and pharmaceutical workers, and to other advertising, the consumers of which are exclusively medical and pharmaceutical workers.

8. Advertising of medicines in forms and dosages, dispensed by prescription of doctors, methods of treatment, as well as medical devices and medical equipment, the use of which requires special training, is not allowed except in the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.

9. Advertising of medicinal products containing approved medicinal products drugs or psychotropic substances included in the list of narcotic drugs and psychotropic substances, the circulation of which in the Russian Federation is limited and in respect of which control measures are established in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation, and the list of psychotropic substances, the circulation of which in the Russian Federation is limited and for which the exclusion of certain control measures in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation is prohibited, with the exception of the advertising of such medicines at the venues of medical or pharmaceutical exhibitions , seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.

1) create the impression that they are medicines and (or) have medicinal properties;

4) encourage people to give up healthy eating;

5) create an impression about the benefits of such additives by referring to the fact of conducting studies that are mandatory for the state registration of such additives, as well as use the results of other studies in the form of a direct recommendation for the use of such additives.

2. Advertising of baby food products should not present them as full-fledged substitutes for women's milk and contain a statement about the benefits of artificial feeding of children. Advertising of products intended for use as substitutes for women's milk, and products included in the diet of a child during his first year of life, must contain information about the age restrictions on the use of such products and a warning about the need for specialist advice.

1) military products, with the exception of advertising of such products for the purpose of implementing military-technical cooperation between the Russian Federation and foreign states;

2) weapons not specified in paragraphs 3-5 of this article.

2. The production, placement and distribution of advertisements for military products for the purpose of implementing military-technical cooperation between the Russian Federation and foreign states is carried out in accordance with the legislation of the Russian Federation on military-technical cooperation of the Russian Federation.

3. Advertising of service weapons and cartridges for them is allowed only in specialized printed publications for users of such weapons, in places of production, sale and display of such weapons, as well as in places designated for firing weapons.

4. Advertising of combat small arms, cartridges for them, edged weapons is allowed in specialized printed publications, in places of production, sale and display of such weapons, as well as in places designated for firing from weapons.

1) in periodicals, the covers and imprints of which contain information about the specialization of these publications in messages and promotional materials, as well as in specialized printed publications for users of civilian weapons;

2) in places of production, sale and display of such weapons, as well as in places designated for firing weapons;

3) in TV and radio programs from 22:00 to 07:00 local time.

1) directly or indirectly disclose information constituting a state secret, including information related to production technology, methods of combat and other use of these weapons;

2) address minors;

3) use images of minors.

1) address minors;

2) to create the impression that participation in risk-based games, betting is a way of earning or receiving other income or other means of obtaining a livelihood;

6) condemn non-participation in risk-based games, bets;

7) create the impression that winnings are guaranteed;

8) use images of people and animals.

1) in TV and radio programs from 22:00 to 07:00 local time;

2) in buildings, structures, structures where such games, bets are held, with the exception of transport infrastructure facilities (railway stations, airports, metro stations and other similar facilities);

3) in periodicals, on the covers and in the imprint of which contains information about the specialization of these publications in messages and promotional materials, as well as in periodicals intended for employees of gambling establishments and (or) persons participating in such games, bet.

3. The requirements of paragraphs 1 and 2 of this article shall apply respectively to the advertising of the organizer of risk-based games, betting, which is a gambling establishment, including a casino, a slot machine hall, and to advertising of venues for conducting risk-based games, bets, if they are gambling establishments. institutions.

4. The requirements of clause 8 of part 1 and part 2 of this article do not apply to advertising of lotteries, including promotional lotteries.

1) an indication of the timing of risk-based games, wagers;

2) a source of information about the organizer of risk-based games, bets, the rules for their conduct, the prize fund of such games, bets, the number of prizes or winnings, the timing, place and procedure for receiving prizes or winnings.

1. Advertising of banking, insurance and other financial services must contain the name or name of the person providing these services (for a legal entity - the name, for an individual entrepreneur - the last name, first name, patronymic).

2) keep silent about other conditions for the provision of relevant services that affect the amount of income that the persons who use the services will receive, or the amount of expenses that the persons who use the services will incur, if at least one of such conditions is reported in the advertisement.

3. If an advertisement for services related to the provision of a loan, its use and repayment of a loan contains at least one condition that affects its cost, such an advertisement must contain all other conditions that determine the actual cost of the loan for the borrower and affect it.

4. Advertising of services related to the management, including trust management, of assets (including securities, investment reserves of joint-stock investment funds, mutual investment funds, pension reserves of non-state pension funds, pension savings, mortgage coverage, savings for housing for military personnel), must contain:

1) source of information subject to disclosure in accordance with federal law;

2) information about the place or address (telephone number) where, prior to the conclusion of the relevant agreement, interested parties can familiarize themselves with the terms of asset management, obtain information about the person who manages assets, and other information that must be provided in accordance with federal law and other regulatory legal acts of the Russian Federation.

1) undocumented information, if it is directly related to asset management;

2) information about the results of asset management, including changes or comparisons in the past and (or) at the moment, not based on profitability calculations determined in accordance with the regulatory legal acts of the federal executive body in the field of financial markets, and in cases established by federal law - determined in accordance with regulatory legal acts Central Bank Russian Federation;

3) information on guarantees of the reliability of possible investments and the stability of the amount of possible income or costs associated with these investments;

4) information about the possible benefits associated with the methods of asset management and (or) the implementation of other activities;

5) statements about the possibility of achieving future asset management results similar to the results achieved.

6. Advertising related to recruitment is not allowed Money individuals for the construction of housing, with the exception of advertising related to the attraction of funds on the basis of an agreement on participation in shared construction, advertising of housing and housing construction cooperatives, advertising related to the attraction and use of funds by housing savings cooperatives of individuals for the purchase of residential premises.

7. Advertising related to the attraction of funds from participants in shared construction for the construction (creation) of apartment buildings and (or) other real estate objects must contain information about the place and methods of obtaining a project declaration provided for by federal law.

8. Advertising related to the attraction of funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate object is not allowed until a permit for the construction of an apartment building and (or) other real estate object is issued in accordance with the established procedure, publication in the media mass media and (or) placement in public information and telecommunication networks (including on the Internet) of a project declaration, state registration of ownership or lease rights to a land plot provided for the construction (creation) of an apartment building and (or) other facility real estate, which will include objects of shared construction.

9. Advertising related to the attraction of funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate object is not allowed during the period of suspension in accordance with federal law of the developer's activities related to the attraction of funds from participants in shared construction for construction (creation) of an apartment building and (or) other real estate.

10. The requirements of parts 7-9 of this article also apply to advertising related to the assignment of rights of claim under a contract for participation in shared construction.

1) information on the procedure for covering the losses incurred by the members of the housing savings cooperative;

2) information on the inclusion of the housing savings cooperative in the register of housing savings cooperatives;

3) the address of the site in the public information and telecommunications network (including the Internet), on which information is disclosed by the housing savings cooperative.

12. In advertising related to the attraction and use by a housing savings cooperative of funds from individuals for the purchase of residential premises, it is not allowed to guarantee the timing of the acquisition or construction of residential premises by such a cooperative.

1) name of the issuer;

2) source of information subject to disclosure in accordance with the legislation of the Russian Federation on securities.

1) a promise to pay dividends on shares, as well as income on other securities, with the exception of income, the obligation to pay which is provided for by the decision on the issue or additional issue of issue-grade securities, the rules for trust management of unit investment funds or the rules for trust management of mortgage coverage, or is fixed in securities; papers;

2) forecasts of growth in the market value of securities.

6. Advertising of issuance securities is not allowed until registration of their prospectus, except for the case when, in accordance with federal law, registration of their prospectus is not required for public placement or public circulation of issuance securities.

1) expression of gratitude by individuals who have concluded such contracts;

2) the assertion that the conclusion of such contracts has advantages over the will of a dwelling or other property;

3) condemnation of family members and close relatives potential consumer such services, allegedly not caring about him;

4) mention of gifts for individuals who have decided to conclude rental agreements with an advertiser or other person.

2. If the advertiser is an intermediary in concluding rent agreements, including lifelong maintenance agreements with a dependent, the advertisement of services for concluding such agreements must contain an indication that another person will be the payer of rent under such agreements.

Chapter 4 Advertising Self-Regulation

Article 31 Self-regulatory organizations in the field of advertising

A self-regulatory organization in the field of advertising is an association of advertisers, advertising producers, advertising distributors and other persons created in the form of an association, union or non-profit partnership in order to represent and protect the interests of its members, develop requirements for compliance with ethical standards in advertising and ensure control over their implementation.

Article 32 Rights self-regulatory organization in the field of advertising

1) represent the legitimate interests of the members of the self-regulatory organization in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, and local government bodies;

2) participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of the self-regulatory organization of the legislation of the Russian Federation on advertising;

3) appeal to an arbitration court the normative legal acts of the federal state authorities, the normative legal acts of the state authorities of the constituent entities of the Russian Federation, the normative legal acts of local governments;

4) apply to the members of the self-regulatory organization the measures of responsibility provided for by the constituent and other documents of the self-regulatory organization, including exclusion from the membership of the self-regulatory organization;

6) exercise control over the professional activities of members of the self-regulatory organization in terms of compliance with the requirements of this Federal Law and rules professional activity in the field of advertising, including the requirements of professional ethics;

7) consider complaints against actions of a member of a self-regulatory organization;

8) develop and establish requirements for persons wishing to join a self-regulatory organization;

9) collect, process and store information about the activities of the members of the self-regulatory organization, the disclosure of which is carried out in the form of reports in the manner and with the frequency established by the constituent and other documents of the self-regulatory organization;

10) maintain a register of persons who are members of a self-regulatory organization.

Chapter 5. State control in the field of advertising and liability for violation of the legislation of the Russian Federation on advertising

Article 33 The powers of the antimonopoly body to exercise state control in the field of advertising

1. The antimonopoly body, within its powers, exercises state control over compliance with the legislation of the Russian Federation on advertising, including:

1) warns, reveals and suppresses violations by individuals or legal entities of the legislation of the Russian Federation on advertising;

2) initiates and considers cases on the grounds of violation of the legislation of the Russian Federation on advertising.

2. The antimonopoly body has the right:

2) issue to federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments binding orders to cancel or amend acts issued by them and contrary to the legislation of the Russian Federation on advertising;

3) bring claims to a court or an arbitration court for a ban on the distribution of advertising carried out in violation of the legislation of the Russian Federation on advertising;

4) bring claims to a court or arbitration court for a public refutation of unreliable advertising (counter-advertising) in the case provided for by Part 3 of Article 38 of this Federal Law;

5) apply to the arbitration court with applications for declaring invalid, in whole or in part, non-normative acts of federal executive bodies, non-normative acts of executive authorities of constituent entities of the Russian Federation, non-normative acts of local governments that contradict the legislation of the Russian Federation on advertising;

6) apply to the arbitration court with applications for declaring as invalid, in whole or in part, regulatory legal acts of federal executive bodies, regulatory legal acts of executive authorities of constituent entities of the Russian Federation, regulatory legal acts of local governments that are contrary to the legislation of the Russian Federation on advertising;

7) apply liability measures in accordance with the legislation of the Russian Federation on administrative offenses;

8) apply to the arbitration court with applications to invalidate the permit for the installation of an advertising structure in the case provided for by clause 1 of part 20 of article 19 of this Federal Law.

Article 34 Submission of information to the antimonopoly authority

1. Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local self-government bodies and officials of these bodies, as well as individual entrepreneurs, legal entities and their heads are obliged to submit to the antimonopoly body the information necessary for it to exercise its powers to state control for compliance with the legislation of the Russian Federation on advertising, and ensure it is authorized officials access to such information.

2. Failure to comply with the requirements of part 1 of this article entails the responsibility of the perpetrators in accordance with the legislation of the Russian Federation on administrative offenses.

Article 35

1. Information constituting a commercial, official or other secret protected by law and received by the antimonopoly body in the exercise of its powers shall not be subject to disclosure, except for the cases provided for by federal law.

2. Disclosure by employees of the antimonopoly authority of information constituting a commercial, official or other secret protected by law, entails liability in accordance with the legislation of the Russian Federation on administrative offenses or the criminal legislation of the Russian Federation. Losses caused by such disclosure are subject to compensation in accordance with civil law.

Article 36

1. The antimonopoly body, within the limits of its authority, initiates and considers cases on the grounds of violation of the legislation of the Russian Federation on advertising, adopts decisions based on the results of consideration of such cases and issues instructions provided for by this Federal Law.

2. The antimonopoly body, on its own initiative, on the proposal of a prosecutor, on appeals of state authorities or local authorities, as well as on applications from individuals or legal entities, initiates proceedings on signs of violation of the legislation of the Russian Federation on advertising.

3. An order to stop violating the legislation of the Russian Federation on advertising is issued on the basis of the decision of the antimonopoly authority to recognize the advertisement as inappropriate and must contain an indication to stop its distribution.

4. The order to stop the violation of the legislation of the Russian Federation on advertising is subject to execution within the period specified in the order. Such period may not be less than five days from the date of receipt of the order.

5. An order to stop violating the legislation of the Russian Federation on advertising shall be considered unfulfilled if, after the expiration of the term for the execution of such an order, the dissemination of improper advertising continues.

6. An order to cancel or amend an act of a federal executive body, an act of an executive body of a subject of the Russian Federation, or an act of a local self-government body that is contrary to the legislation of the Russian Federation on advertising, shall be issued on the basis of a decision of the antimonopoly body on the contradiction of such an act to the legislation of the Russian Federation on advertising. An order to change an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation, or an act of a local self-government body that is contrary to the legislation of the Russian Federation on advertising, must indicate the changes that should be made to such an act to bring it into line with the legislation of the Russian Federation on advertising .

7. An order to cancel or amend an act of a federal executive body, an act of an executive body of a constituent entity of the Russian Federation, or an act of a local self-government body that is contrary to the legislation of the Russian Federation on advertising, shall be executed within the time period specified in the order. Such period may not be less than one month from the date of receipt of the order. federal body executive power, an executive body of a constituent entity of the Russian Federation or a local self-government body.

8. Failure to comply with the instructions of the antimonopoly body issued on the basis of this Federal Law entails liability in accordance with the legislation of the Russian Federation on administrative offenses.

9. Consideration by the antimonopoly body of cases initiated on grounds of violation of the legislation of the Russian Federation on advertising is carried out in the manner established by the Government of the Russian Federation.

Article 37 Challenging decisions and orders of the antimonopoly body

1. The decision, prescription of the antimonopoly body may be challenged in court or arbitration court within three months from the date of the decision, issuance of the prescription.

2. Filing an application for invalidating a decision or order of the antimonopoly body shall not suspend the execution of the decision or order, unless a court or arbitration court issues a ruling to suspend the execution of the decision or order.

3. Decision of the antimonopoly body on the application of measures administrative responsibility for violation of the legislation of the Russian Federation on advertising may be appealed, challenged in the manner prescribed by the legislation of the Russian Federation.

Article 38 Responsibility for violation of the legislation of the Russian Federation on advertising

1. Violation by individuals or legal entities of the legislation of the Russian Federation on advertising entails liability in accordance with civil law.

2. Persons whose rights and interests have been violated as a result of the dissemination of improper advertising shall have the right to apply in accordance with the established procedure to a court or arbitration court, including claims for damages, including lost profits, for compensation for harm caused to the health of individuals and (or ) property of individuals or legal entities, on compensation for non-pecuniary damage, on public refutation of unreliable advertising (counter-advertising).

3. If the antimonopoly body establishes the fact of dissemination of unreliable advertising and issues an appropriate order, the antimonopoly body shall have the right to apply in accordance with the established procedure to a court or arbitration court with a claim against the advertiser for a public refutation of false advertising (counter-advertising) at the expense of the advertiser. In this case, the court or the arbitration court determines the form, place and terms for posting such a refutation.

4. Violation by advertisers, advertising producers, advertising distributors of the legislation of the Russian Federation on advertising entails liability in accordance with the legislation of the Russian Federation on administrative offenses.

5. Federal laws may establish other liability measures for intentional violation of the legislation of the Russian Federation on advertising.

6. The advertiser is liable for violation of the requirements established by parts 2-8 of article 5, articles 6-9, part 4 of article 10, article 12, parts 1 and 3 of article 21, parts 1 and 3 of article 22, parts 1 and 3 of article 23 , articles 24 and 25, parts 1 and 6 of article 26, parts 1 and 5 of article 27, articles 28-30 of this Federal Law.

7. The advertiser is liable for violation of the requirements established by clause 3 of part 4, parts 9 and 10 of article 5, articles 7-9, 12, 14-18, parts 2-6 of article 20, parts 2-4 of article 21, parts 2- 4 of article 22, parts 2-4 of article 23, parts 7, 8 and 11 of article 24, parts 1-5 of article 26, parts 2 and 5 of article 27, parts 1, 4, 7, 8 and 11 of article 28, parts 1, 3, 4 and 6 of Article 29 of this Federal Law.

9. Amounts of fines for violation of the legislation of the Russian Federation on advertising and failure to comply with the instructions of the antimonopoly authority shall be credited to the budgets of the budgetary system of the Russian Federation in the following order:

1) in federal budget- 40 percent;

2) to the budget of the constituent entity of the Russian Federation in whose territory entity or an individual entrepreneur who has committed a violation of the legislation of the Russian Federation on advertising - 60 percent.

10. Payment of the fine does not exempt from the execution of the order to stop violating the legislation of the Russian Federation on advertising.

Chapter 6 Final provisions

Article 39 Entry into force of this Federal Law

1. This Federal Law shall enter into force on July 1, 2006, with the exception of Part 3 of Article 14, Part 2 of Article 20 and Clause 4 of Part 2 of Article 23 of this Federal Law.

2. Part 2 of Article 20 and Clause 4 of Part 2 of Article 23 of this Federal Law shall enter into force on January 1, 2007.

4. Establish that in the period from July 1, 2006 to January 1, 2008, the total duration of advertising distributed in the TV program (including such advertising as TV shops), interrupting the TV program with advertising (including sponsored advertising) and combining advertising with the TV program in a way "creeping line" or in any other way superimposing it on the frame of the broadcast TV program cannot exceed twenty percent of the broadcast time during an hour and fifteen percent of the broadcast time during the day.

Article 40 Regulation of relations in the field of advertising from the date of entry into force of this Federal Law

1. From the date of entry into force of this Federal Law, to recognize as invalid:

1) Federal Law No. 108-FZ of July 18, 1995 "On Advertising" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1995, No. 30, Art. 2864);

2) Clause 3 of Article 1 of the Federal Law of June 18, 2001 N 76-FZ "On Amendments to Certain legislative acts of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2001, N 26, art. 2580);

3) Federal Law No. 162-FZ of December 14, 2001 "On Amending Article 11 of the Federal Law "On Advertising" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 51, Art. 4827);

4) paragraphs 23 and 24 of Article 3 of the Federal Law of December 30, 2001 N 196-FZ "On the Enactment of the Code of the Russian Federation on Administrative Offenses" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, N 1, Art. 2);

5) Federal Law No. 115-FZ of August 20, 2004 "On Amendments to Article 16 of the Federal Law "On Advertising" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, No. 34, Art. 3530);

6) Article 55 of Federal Law No. 122-FZ of August 22, 2004 "On Amending the Legislative Acts of the Russian Federation and Recognizing Some Legislative Acts of the Russian Federation as Invalid in Connection with the Adoption of Federal Laws" On Introducing Amendments and Additions to the Federal Law "On general principles of organization of legislative (representative) and executive bodies state authorities of the constituent entities of the Russian Federation" and "On the general principles of the organization of local self-government in the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2004, No. 35, art. 3607);

7) Article 11 of the Federal Law of November 2, 2004 N 127-FZ "On Amending Parts One and Two of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation, as well as on Recognizing Certain Legislative Acts (Provisions of Legislative Acts) as Invalid of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2004, N 45, item 4377);

8) Article 1 of the Federal Law of July 21, 2005 N 113-FZ "On Amendments to the Federal Law "On Advertising" and Article 14.3 of the Code of Administrative Offenses of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 30, Art. 3124 ).

2. Until the laws and other regulatory legal acts of the Russian Federation in force on the territory of the Russian Federation and regulating relations in the field of advertising are brought into line with this Federal Law, these laws and other regulatory legal acts shall apply insofar as they do not contradict this Federal Law.

The president
Russian Federation
V. Putin

The power and influence of advertising on economic life, social conditions, trends in trade and production, and an infinite number of other areas can hardly be overestimated. The common truth that says that advertising is the engine of trade, will never lose its relevance. The methods of its promotion and production are changing, but its “influence” is not decreasing.

General information

Structurally, the law is represented by six chapters containing 40 articles. Consider a summary of the law, noting the main aspects:

General provisions:

Objectives, scope of the law, concepts used,
Legislation of the Russian Federation regulating this area;
General requirements;
Protection of minors from advertising and goods prohibited from advertising;
Advertising of goods sold remotely;
… events that stimulate demand, such as: games, draws, contests;
Social advertising;
The validity period of an advertisement that is a public offer;
Duration of storage of promotional materials;
Providing information about the product to the person distributing the advertisement.

You may be interested in: Federal Law on Mass Media in new edition 2018. Details

Features of individual advertising promotion options:

On television, radio;
In print: newspapers, magazines, etc.;
Promoted by film and video services;
On telecommunication networks;
Advertising structures, signboards, advertising on transport.

Alcoholic drinks;
Medical products and services, medicines, various methods of treatment, including folk ones;
dietary supplements, food additives and baby food;
Military products and weapons;
Games, bets involving risk;
Financial services and activities in general, as well as securities;
Promoting services such as annuity, life dependency or mediation assistance.

Self-regulation in this area: SROs and their rights.

The powers of the antimonopoly service, the obligation to maintain confidentiality;
Providing information to the antimonopoly authorities;
Inspections and their organization;
Decisions and instructions of the antimonopoly service on violations in the field of advertising and their contestation;
Responsibility for violations.

From summary of the law it is clear that the subject of regulation of this law are the relations arising as a result of advertising activities between the advertiser, the person distributing this advertisement, the state as a party exercising supervision, and the audience (indirectly).

Due to the relevance of Law 38-FZ, since its inception in 2006 to the present, it has undergone a huge number of amendments (more than 50 amending documents). In 2017 alone, amendments to the law were made three times: in March (FZ-44 "On Amendments ..") and July (FZ-216 and FZ-218). Let's consider in more detail.

What changes have been made?

Consider the amendments made in the outgoing 2017 by each of the three amending documents.

1. FZ-44 dated 03/28/2017 "On amendments ..", the release of which was associated with the formation of mechanisms for increasing the income of subjects of children's, youth and professional sports, led to the following amendments:

Paragraph 1 of Part 2 of Article 27 of Federal Law-38 was added. Thus, advertising is based on the risk of games and betting is allowed only on television and radio from 22 to 7 hours local time, except in the case prescribed part 2.1 articles (see below).

Article 27 FZ-38 was supplemented by paragraphs 2.1 and 2.2.

Part 2.1 of Article 27 states that the advertising of risk-based games and bets held by bookmakers, as well as various types of symbols (brand names, trademarks) is allowed as part of the broadcast or recording of sports competitions (matches, races, etc.). At the same time, the duration of such advertising cannot exceed 20% of the total allowable duration. advertisements during sports broadcasts (regulated in accordance with parts 3 and 9 of article 14 and parts 2 and 8 of article 15 of the law).

In turn, for television, the maximum total duration of any kind of advertising is 15% of the broadcast time per hour, and for radio - 20% of the broadcast time during the day.

Part 2.2 of Article 27 prescribes the possibility of publishing the services of betting organizations in specialized print media and on the Internet - on amateur sports websites, as well as on the official portals of Russian sports federations and leagues. In addition, from now on, the legal possibility of using sports facilities and the uniform of athletes as an advertising platform has been fixed.

The interaction of sports organizations and bookmakers should bring financial results, primarily in the form of additional income for the subjects of professional and youth sports. In addition, the expansion of opportunities in terms of advertising of the betting organizations themselves makes the services they provide more accessible and understandable to the layman.

2. FZ-216 of 07/29/2017 also made some amendments to the FZ-38 law on advertising. So, article 40 law FZ-38 was supplemented with part 4.1, which is essentially a link, since from now on the rules for advertising on the territory of innovative institutions in Russia are determined by Federal Law N 216 “On innovative scientific and technological centers and on amendments to certain legislative acts of the Russian Federation”.

3. Another amending document, FZ-218, issued on the same day (July 29, 2017), made adjustments to the law we are considering: part 8 of article 28 is changed about advertising financial services and financial activities. The changes were related to the construction sector, and more precisely, to the shared construction of multi-apartment and other buildings. The article prescribes a provision on the inadmissibility of attracting funds from "shareholders" until the necessary documents are received: a building permit, state. registration of the right of ownership or lease (sublease) of the land plot on which construction is underway, confirmation of the compliance of both the developer and project documentation with the requirements established by law. The change in the law consisted of a note, according to which the collection of these documents is necessary only in cases provided for by the law of December 30, 2004 "On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation."

Consider also individual articles of the law FZ-38 - Art. 3 laws on advertising and art. 38, which were not affected by the changes in the past year.

Article 3 FZ-38 denotes the main concepts used in the text of the law, such as: advertising, object of advertising, product, inappropriate advertising, advertiser(manufacturer, seller of goods), advertising producer(advertising agency, for example), advertising distributor (TV channel, radio station, printed edition, etc.), consumer(listener, viewer) sponsor, sponsorship, social advertising, antitrust authority.

Article 38 FZ-38 prescribes such an aspect of advertising activities as responsibility for violating the legislation of the Russian Federation on advertising activities. The liability of individuals and legal entities is determined in accordance with civil regulatory framework, the responsibility of advertisers, advertising producers and advertising distributors - in accordance with the legislation of the Russian Federation on administrative offenses.

Persons whose interests have been violated as a result of the dissemination of inappropriate advertising may apply to the court for compensation (moral damage, lost profits, compensation for harm caused to health or property), as well as for its public refutation. The Antimonopoly Service is also authorized, if necessary, to force a refutation of false advertising at the expense of the advertiser through the court.

If a fine was issued for violation of one of the above parties, its amount is distributed as follows: 40 percent goes to the budget of Russia and 60% goes to the subject of the Russian Federation. Payment of the fine does not release the violator from the obligation to stop the violation, that is, to stop the publication or distribution of advertising that is recognized as unreliable.

Text 38 of the Federal Law with the latest changes

The Law on Advertising is the desktop bible of advertising companies, PR agencies and other organizations whose activities are to promote various kinds of goods and services. However, the law affects many areas related to advertising at first glance very indirectly.

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. Short review gives the reader an idea of the content of this bill:

general information about the tasks, requirements, terminology, etc.;
characteristics of dissemination methods various types 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 latest edition dated 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 - person who distributes notices information 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 body.

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 should use specified information in accordance with the agreements they have entered into with organizations. These organizations are authorized to conduct research federal service executive power, which performs the functions of control and supervision in the field of mass 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%.

It's all last changes, which are expected in the future in the law "On Advertising".

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 propaganda. right image 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 largest number restrictions and requirements from the controlling authorities. 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, drugs, 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, goods without state registration, tobacco products, smoking accessories, and medical services for termination of pregnancy.

This list changes quite often. 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;
performance legitimate interests 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 get acquainted with the protocol or with the progress of the inspection;
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 a court from the system general jurisdiction(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.

Advertising activity in our country is regulated. However, this happens in the whole civilized world. There is such normative act, as federal law 38 FZ "On Advertising". It's about on document No. 38-FZ adopted on March 13, 2006. Its latest edition is dated March 08, 2015.

What is the point?

Federal Law 38 "On Advertising" aims to eliminate unfair competition in this area. Its meaning is to protect consumers from harmful effects. Ads that are capable of misleading, causing quite tangible harm to property or health are recognized as such. In addition, such intellectual property can undermine reputation or dignity.

Which areas of the law on advertising does not apply

These include its political variety (including pre-election campaigning and related to the referendum), information that the law obliges to disclose or bring to the consumer without fail, analytical and reference material (market reviews, Scientific research). All this is not intended to promote the product.

Further, information of authorities, state, local self-government, which is not of a commercial nature and is not related to social advertising, should be mentioned. The same kind of signs and signs also belong to this category of intellectual property. We should also mention the announcements of various entities, both legal entities and individuals, not related to generating income.

What else?

Even the information that is placed on the packaging (information about the manufacturer, etc.) and any design elements related specifically to this product, and not to an outsider, do not fall under the law.

That information about an object that is naturally "inscribed" in a work of art or science, mentions the manufacturer or seller and does not carry a commercial purpose, also belongs to this category.

Federal Law "On Advertising" N 38 FZ - basic concepts

Let's define terms. Advertising is understood as any information, regardless of the type and method of placement, the addressee of which is a wide range of people. Its purpose is to draw attention to the mentioned product (service) for sale or promotion on the market.

Another concept is the object of advertising. It can be a product, its manufacturer or seller, an event (concert, festival, competition, competition), intellectual achievement. In a word, this includes everything that requires attention.

A commodity is a product of activity (including works and services) intended for sale, exchange and other types of turnover.

Other concepts

What other terms does the federal law “On Advertising” use? There are not so many of them. For example, the so-called inappropriate advertising is understood as one that contradicts the requirements of Russian legislation. But how are the subjects, i.e., the actors, called here?

Advertisers, manufacturers and distributors are persons engaged in the manufacture or sale of goods, respectively, bringing information into a commercial format and bringing it to the consumer in any way. These three categories of subjects are closely interconnected and serve as links in the same chain.

As you know, whoever pays orders the music. Sponsored advertising is prerequisite which is the mention of a certain person as a "benefactor".

In addition, there is a social version of it. Under it, the federal law "On Advertising" means non-commercial information to achieve the goals of charity, etc.

The solution of all the mentioned issues is within the competence of the federal antimonopoly body, as well as its local representatives.

What is required from Russian advertising?

What kind can they be?

any of its characteristics, consumer qualities, service life and shelf life, assortment and configuration;
place of origin and the availability of certificates, the possibility of buying in a specific place or within a certain time;
cost or price, payment procedure, discounts, tariffs and other monetary matters;
the conditions under which delivery, repair, exchange, maintenance of this product are made, about its warranty conditions.

What other information could be wrong?

Unreliable is information about a variety of rules and timing of events, the number of prizes / prizes and the procedure for receiving them.

This also includes any information about persons who are manufacturers or sellers of this product.

What shouldn't advertising do?

There are certain actions that are not allowed. Their advertising law is strictly prohibited. This is, first of all, a call for illegal actions, cruelty and violence. Further mention should be made of the creation of a threat to the safety of transport by the similarity of some symbols with road signs. Another is the formation of condemnation of those who do not use the advertised product, or the use of pornographic information.