Self-regulation of advertising activities in Russia. Self-regulatory organizations with voluntary membership Self-regulation of advertising activities

Chapter 4 of the Advertising Law deals with self-regulation in the field of advertising. In Art. 31, the concept of self-regulatory organizations is given: "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 of the Law establishes the rights of a self-regulatory organization in the field of advertising.

In 1995, the Public Council on Advertising was founded, which in 2000 was transformed into Advertising Council of Russia (PCR)- self-regulatory body advertising activities... The council members are leading all-Russian associations and unions of advertising agencies, advertisers, mass media, consumer societies and regional advertising self-regulation organizations. The structure of the Council includes committees for the development of ethical standards for advertising and for the consideration of appeals and the practice of applying self-regulation and legislation. The main directions of RUR activities:

development of a self-regulation system for advertising in Russia;
participation in work to improve advertising legislation;
coordination of the activities of regional organizations for self-regulation of advertising;
preliminary examination of advertising materials;
consideration of appeals and precedents;
pre-trial resolution of disputes and conflict situations in advertising;
interaction with Russian and foreign self-regulation organizations and advertising associations.

The Advertising Council developed and proposed for voluntary implementation the "Code of customs and rules for the business circulation of advertising on the territory of the Russian Federation". In 2000, the members of the Council developed and put into effect the Russian Advertising Code. The Code was based on the norms of the International Code of Advertising Activities of the International Chamber of Commerce and the Code of Customs and Rules of Advertising Business in the Territory of the Russian Federation, it took into account ethical norms and provisions reflecting the characteristics of the advertising market, cultural and historical peculiarities of Russia.

PCP's focus on Active participation in the development of advertising legislation received practical implementation in the process of working on the Law on Advertising, amendments to it and other bills. Regional self-regulatory organizations exist in St. Petersburg, Novosibirsk, Volgograd, Arkhangelsk, Yekaterinburg, Krasnodar and other cities.

In the 1990s. in Russia, the first public organizations were created that united the country's advertisers.

Among the most authoritative - Association of Communication Agencies of Russia (AKAR), representing the interests of the largest advertising agencies. From the moment of its foundation in 1993 and until 2004 it was called Russian Association of Advertising Agencies (PAPA). About 100 advertising agencies were members of the association. The reason for the name change was the desire of its members to keep up with the times. As a result of this decision, the qualitative composition of the Association has changed significantly. Now its members are not only advertising agencies, but also agencies involved in the system marketing communications, such as PR- agencies, marketing agencies... Areas of activity of the association: representation and protection of the members of the association; assistance in the development of advertising legislation, recommendations related to advertising activities; cooperation with international advertising organizations, etc.

National Advertising Association(formerly the Association of Advertising Workers of Russia) has been operating since 1996. The sphere of its activity is the development advertising business in Russia and improving advertising practice. It unites in its ranks about 100 representatives of the advertising market - advertisers, advertisers, advertising producers.

International Confederation of Consumer Societies(ConfOP). The organization unites national and regional consumer organizations of the CIS countries - Russia, Ukraine, Belarus, Kazakhstan, etc. It was created in 1989, got its name in 1991. ConfOP closely monitors the development of advertising processes in order to protect consumers from dishonest advertising. The main tasks of the organization: providing consumers with professional help from highly qualified specialists (judicial protection, provision of independent and objective information, consultations); representation and protection of consumers' interests in their relationship with business and government.

In addition to the above, one can also name such professional self-regulatory associations as the Russian Direct Marketing Association (1995); Moscow Advertising Guild (1998); Union of professionals outdoor advertising(1999); National Network TV and radio broadcasters - PAT (1995); Russian Association of Regional Television Companies - RART (1995); National Association of Publishers - NAI (1998); Russian Association of Independent Broadcasting (1999); Russian Media Union (2002); Russian Association of Marketing Services - RAMU (2001); Russian Association of Municipalities, etc.

Chapter 4 of the Law on Advertising provides for the creation of an SRO in the field of advertising. Self-regulatory organizations in the field of advertising associations 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 their members, develop requirements for compliance with ethical standards in advertising and ensure control over their implementation are recognized.

As can be seen from the definition, SROs in the field of advertising unite advertisers, advertising producers, advertising distributors and other persons. Open list members of the SRO in the field of advertising (as evidenced by the wording "other persons") allows us to say that these can be both persons carrying out entrepreneurial activity and individuals carrying out professional activities 1.

Recall: membership of subjects of entrepreneurial or professional activity in an SRO is voluntary. However, federal laws may provide for cases of compulsory membership in an SRO. SRO membership in the field of advertising is voluntary. Due to this, currently there are two main approaches - state and public regulation of the advertising market.

State regulation is the main tool in the advertising market, it provides the rules for interaction between its participants using a system of legal and organizational and economic forms and methods of influencing market processes in order to protect the rights and interests of all market participants. Public regulation, including self-regulation of the advertising industry, is an additional regulatory instrument in the advertising market and largely performs preventive functions, allowing

1 See: Baranova M.V. Legal problems of self-regulation in the field of advertising // Journal Russian law. 2009. № 5.

resolve controversial and problematic situations in the field of advertising activities without resorting to government agencies.

In Russia, in contrast to many developed countries, the self-regulation system is relatively poorly developed, since such public regulation has practically no precedents, and the function of the main regulator of the advertising market lies with government bodies. At the same time, professional public organizations began to be created from the inception of the Russian advertising industry in the late 1980s and early 1990s. The need to create organizations representing the interests of manufacturers of advertising goods and services was caused by the need to solve the problems of relationships between advertisers and advertising producers. The areas of activity of these organizations were in many respects similar, they included the development and implementation of ethical standards necessary for a loyal attitude of society towards advertising, protecting the business interests of industry participants, and popularizing advertising 1.

In order to understand the main directions of activities and tasks of the SRO in the field of advertising, let us turn to foreign practice, where the functioning of the SRO has a large practical experience... In Western countries, self-regulation is very common precisely as an institution of control over advertising activities. In a number of countries, relations arising in the course of advertising activities are resolved without involving state regulation, with the help of a system of self-regulation means.

For example, in the UK there is the so-called Advertising Standards Authority (ASA). The Office is an SRO in the field of advertising, financed exclusively by representatives of the advertising industry. It was created on the initiative of the advertising market participants themselves back in 1962 in order to transfer control over the adherence to the Code of Advertising Practice by advertisers, advertising producers, advertising distributors and agencies. A distinctive feature of the ASA is that its governing bodies are completely independent of both state structures and from industrial ones. However, the 13-member ASA Council and its chairman, which deals with advertising violations, is recognized by the state (courts and executive authorities) as the appropriate body for resolving advertising disputes. The global goal of the ASA is to control any advertising, regardless of its type, so that it is legal, decent and truthful. That is, the activities of the organization are aimed at protecting the interests of consumers and giving civilization to the advertising market as a whole.

The main acts on which the ASA relies when considering complaints are the Non-Broadcast Advertising Code (CAP Code) and the Broadcast Advertising Code (BCAP Code). These codes were also developed in a self-regulatory system - an organization affiliated with the ASA is responsible for their creation and editing - the Committee of Advertising Practice 1, created even earlier by the ASA (in 1961), also at the initiative of the advertising community, in particular Advertising Association (AA). The advertising association, in turn, consists of the largest non-profit associations advertising market participants working in all areas of advertising. The Association currently has 21 members. In essence, AA is an association of associations, a market-wide organization capable of expressing the views of the industry as a whole. It is worth noting that in Great Britain such a single self-regulation body was created back in 1924, while in Russia only in 1989 the first public association in the field of advertising appeared - the Association of Advertising Workers. Undoubtedly, such an early development of self-regulation has led to the fact that the system of advertising self-regulation currently in force in the UK is recognized as one of the most effective in the world.

Researchers believe that most countries in the European Union have a self-regulatory system for the advertising industry similar to Britain. Moreover, the ASA, in fact, stood at the origins of the creation of the European Advertising Standards Alliance (EASA). The Alliance currently brings together national self-regulatory advertising systems in Europe and beyond, and is also working to create and develop self-regulatory advertising in countries such as Croatia, Cyprus, Serbia, Ukraine and Russia. National SROs exist in France, Germany, Italy, Spain, Portugal,

Greece and many other countries. All these organizations operate under the auspices of EASA and are its members 1.

The United States occupies a kind of niche in the field of self-regulation of advertising activities. So, in the USA advertising industry has its own SRO - the National Advertising Division (NAD) of the Better Business Council Bureau. The Better Business Bureau Council is an organization of local business organizations that promote the ethical dimension of business through voluntary self-regulation (Better Business Bureau, BBB) and consumer and entrepreneur education. With the help of local BBBs, consumers can often obtain redress for their complaints against BBB members. National Advertising Division controls advertising in all media mass media including the Internet; decides on complaints from competitors and consumers about false or misleading advertising claims; makes decisions, which he publishes and circulates. When an advertiser continues to make allegations that NAD has found to be false, or refuses to provide information, the Division sends the case to the FTC, which resolves the dispute using its authority. Most advertisers agree to modify or remove controversial statements. The advertising self-regulation system is so effective that there is no advertising legislation in the United States.

Certain professional associations and public organizations in the field of advertising are currently operating in Russia. These organizations represent the interests of both advertisers and advertising producers and distributors. As an example, the following professional organizations and associations of participants in Russian and international market advertising:

1) Association of Communication Agencies of Russia(AKAR) is the leading and largest professional association of participants in the Russian advertising and communication services market. This Association was founded in 1993 as the Russian Association of Advertising Agencies in order to protect their interests, in the future - the entire advertising community, as well as create conditions for the development of a civilized advertising market in Russia: corporate ethics, social responsibility, industry standards and rules of business. The Association represents the interests of companies that operate in the field of advertising, direct marketing, sponsorship, marketing research, design and packaging, organize events to promote goods and services, arrange points of sale, create and place advertisements in the press, on radio, television, in cinemas, on streets and squares, transport, and on the Internet. The Association is a member of the Chamber of Commerce and Industry of the Russian Federation and a representative of Russia in the European Association of Communication Agencies (EASA);
2) Association of Advertisers - Russian non-profit organization uniting a number of the largest Russian and international advertising companies. The Association was established in 1997 in order to form and establish in Russia a system of reliable guarantees of freedom of advertising, as well as to promote the formation and development of effective system self-regulation of advertising activities in the Russian market. The Association is a full member of the World Federation of Advertisers, thus acting as an expert on the international practice of regulation and self-regulation of the advertising market in Russia;
3) International Advertising Association- an international professional association of participants in the advertising services market. In Russia, the Association first began its activities in 1994, during the formation of Russian advertising. Priority areas the activities of the International Advertising Association can be called the promotion of wide practice of self-regulation, including self-regulation of advertising; promotion of professional development, special higher education and retraining of specialists in advertising and marketing communications;
4) National Association visual communication (NAVK) is a Russian non-profit organization that unites manufacturers and distributors of outdoor advertising and information. It was founded in 2003 as the National Association of Outdoor Advertising and Information (NANRI). The mission of the organization is to contribute to the civilized development of outdoor advertising in Russia. Its activities are aimed at the formation of modern, civilized mechanisms of interaction of all components of the Russian market of visual communications in order for it to correspond to the world level of development and the expectations of Russian society;
5) Non-profit partnership for the promotion of interactive advertising - international professional association of interactive advertising market participants. The partnership has been operating since 1996. Now its branches operate in more than 40 countries. The Russian branch was opened in 2009 and implements the following goals: integration of the Russian interactive advertising market into the global advertising market; provision of infrastructure for communication with foreign colleagues; two-way exchange of data and experience in the framework of research, educational, educational activities; distribution to Russia of the established standards of interactive advertising and business practices;
6) Advertising Federation of Regions(RFR) is a Russian non-profit organization that unites regional advertising agencies and media advertising sales departments. The organization arose as a result of the joint work of regional partners to introduce new developments in the advertising business. The RDF's task is to improve the advertising business in Russia for the development of the country's economic and social stability. The organization represents the interests of the regional advertising business in the Russian market, informs the regional advertising business in order to promote its development, conducts targeted implementation activities modern approaches and technologies to the regional advertising markets;
7) Advertising Council of Russia(PCP) is a Russian non-profit organization uniting all-Russian associations of advertising producers, advertising distributors, advertisers, consumer societies and regional advertising self-regulation organizations. The organization was formed in 1995 as the Public Council on Advertising in order to develop a system of public regulation of advertising activities, harmonize the interests of consumers of advertising, the media and the advertising business. The structure of the Council includes committees for the development of ethical standards for advertising and the practice of applying self-regulation and legislation.

1) represent the legitimate interests of SRO members in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, bodies local government;
2) participate in the consideration by the antimonopoly body of cases initiated on the grounds of violation by members of the SRO of the legislation of the Russian Federation on advertising;
3) appeal against normative legal acts in the appropriate court federal authorities government authorities, government bodies of the constituent entities of the Russian Federation, local government bodies;
4) apply to the members of the SRO the measures of responsibility provided for by the constituent and other documents of the SRO, including exclusion from the members of the organization;
5) develop, establish and publish the rules of professional activity in the field of advertising, binding on all members of the SRO;
6) exercise control over the professional activities of SRO members in terms of compliance with the requirements of the Law on Advertising and the rules of professional activity in the field of advertising, including the requirements professional ethics;
7) consider complaints about the actions of a member of the SRO;
8) develop and establish requirements for persons wishing to join an SRO;
9) collect, process and store information on the activities of SRO members, 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 SRO;
10) maintain the register of persons who are members of the SRO.

are of direct importance only for the SROs themselves and their members, as well as the rights that ensure the interests of advertising consumers. First of all, we are talking about compliance by SRO members with the requirements of the Law on Advertising and the requirements of professional ethics. Within the framework of these rights, in March 2012, in Moscow, a Russian Code advertising and marketing communications practices. The initiators of the preparation of the Code were NP "Commonwealth of Manufacturers of Branded Trademarks" RusBrand "and the Association of Communication Agencies of Russia. During the solemn ceremony, representatives of more than 20 industrial and public organizations put their signatures under the text of the Code. The purpose of the Code is to form high ethical standards of advertising activities and their observance by all participants in the advertising process.

It seems appropriate if SROs in the field of advertising continue to develop their rights aimed at protecting the interests of advertising consumers. For example, SROs can supervise advertisements distributed on the Internet for compliance with general and special requirements for advertising, and if violations are detected, they can apply to the FAS Russia with an application to review the identified violations and prosecute those who do not comply with the law. Thus, the SRO in the field of advertising, together with the state body, will represent the interests of advertising consumers, given the fact that the Law on Advertising does not contain special requirements for advertising on the Internet.

It is worth agreeing that self-regulation as a public institution presupposes a noticeable degree of autonomy of self-regulatory bodies from public law regulators, high level independence and the presence of mechanisms that regulate public relations... At the same time, the current level of independent activity of the subjects of the advertising market in Russia makes it possible to speak only about the presence of a certain and, in some cases, significant influence of the SRO on the development of the advertising market, rather than about some noticeable regulatory impact on it. In other words, SROs are still some kind of public platforms for communication between companies working in the field of advertising, and for the cooperation of their individual functions. But it is not yet necessary to speak of a noticeable regulatory effect 1.

We have indicated above that the membership of subjects of advertising activities in SROs in the field of advertising is voluntary. However, at present, science is arguing for the need to modernize the self-regulation system in the field of advertising by introducing mandatory participation of subjects of the advertising market in the SRO. Let's consider the proposed mechanism in more detail.

So, S. S. Ermolenko substantiates the following transition to mandatory self-regulation of the outdoor advertising market. At the first stage, the state must establish a number of preferences for members

SROs, and organizations, in turn, establish performance standards for their members that would impose higher requirements than those provided by state regulations... A gross and repeated violation of the standards by an SRO participant should be punished by expulsion from the organization with deprivation of the preferences that the participant used. This will stimulate the activities of SROs in the necessary direction - towards ensuring both private and public interests. This approach should become a prerequisite for the implementation of the second stage of modernization of the self-regulation system - the introduction of mandatory participation of subjects of the advertising market in SROs, which should have a positive effect on saving administrative and financial resources public authorities, as well as to raise the quality of outdoor advertising distribution to a higher level throughout the territory of the Russian Federation 1.

However, in the proposed model of transition to compulsory membership in SROs, the emphasis is made only on the subjects of advertising activities engaged in the field of outdoor advertising. This approach, in our opinion, does not seem entirely logical, because it proceeds from the division of subjects of one sphere into two parts - those for whom membership in the SRO in the field of advertising will be mandatory, and the rest, for whom it will remain voluntary. SRO membership should not be divided according to the area of employment of subjects in advertising activities (in this case, outdoor advertising). And the Law on SRO itself proceeds precisely from the association (mandatory or voluntary) of participants in one field of activity in an SRO. The practice of functioning of already established SROs with compulsory membership also proceeds from the principle of uniting all subjects of entrepreneurial or professional activity and the impossibility of carrying out these types of activities outside the SRO for certain categories of subjects. If there is a transition from voluntary membership in an SRO to a mandatory one, then it should be developed for all participants in the advertising market. As for the proposed model of transition to compulsory membership in the SRO in the field of advertising, it will most likely serve as an incentive for the subjects of the advertising market involved in the distribution of outdoor advertising to join the SRO on a voluntary basis in order to develop professional standards activities, protection of their rights and representation of interests.

Concluding the question of considering the activities of SROs in the field of advertising, the following can be noted. The experience of SRO functioning in this area is not great and in the current situation for these organizations characteristic feature their voluntary character remains. Currently, the activities of voluntary SROs in the field of advertising are characterized by the strengthening of their rights related to the protection of their members and consumers of advertising, as well as their interaction with public authorities to develop standards on the ethics of advertising.

See: URL: http://adindustry.ru/doc/1158.
SmZhukovskaya L.M. Civil law regulation of advertising activities in the Russian Federation: dis .... cand. jurid. sciences. M., 2007.S. 49.

foreign experience

See: URL: http://adindustry.ru/.
The text of the Code was developed by a group of experts of NP "RusBrand" and "AKAR" in the field of marketing, advertising and legislation on the basis of the provisions of the Consolidated Code of Practice for Advertising and Marketing Communications of the International
See: S. Ermolenko, Decree. op. S. 23, 24.
For example, SRO AU, SRO of auditors, SRO of appraisers.

* organization of interaction between subjects of the advertising market;
* development of measures to build self-regulation mechanisms;
* creation of legal conditions for linking the interests of customers, manufacturers, distributors and consumers of advertising;
* assistance in the training of personnel for the advertising business;
* holding independent expertise promotional items.

The practice of the functioning of the Public Council on Advertising has shown the need to merge with other structures - commercial and non-profit organizations, integration into the international advertising self-regulation system.

In 1999, the council was reorganized, resulting in a non-profit partnership - the Advertising Council of Russia. The main goals of this organization were the streamlining and effective development of advertising activities in Russia through voluntary compliance with the developed norms by the entities participating in the market.

Another active subject of the advertising self-regulation system in Russia is the Association of Communication Agencies of Russia (AKAR), created in 1993 and uniting more than 100 advertising agencies.

According to the statutes of the association, the main objectives of its activities are the following: advertising chamber of commerce self-regulation

* association on a voluntary basis of companies operating in the field of advertising and commercial communications for the implementation of self-regulation and control of their professional activities;
* representation and protection of common professional, property and other interests of the members of the association;
* development, implementation into the daily practice of the members of the association of rules (standards) of professional activity in the field of advertising and commercial communications and ensuring control over their implementation;
* development, implementation of voluntary ethical requirements for advertising into the daily practice of members of the association and ensuring control over their implementation.

The main activities of the association:

* study of the conditions for carrying out activities in the field of advertising and commercial communications;
* development of proposals for improving the legislation of the Russian Federation regulating relations in the field of advertising and commercial communications, and submission of these proposals to the bodies that have the right to initiate legislation;
* ensuring interaction between members of the association, the media and advertisers in order to improve the quality level of advertisements and other marketing information, its reliability and accessibility to each member of society;
* representation of the legitimate interests of its members in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies;
* participation in the consideration by the antimonopoly authorities of cases initiated on the basis of violations by the members of the association of legislation on advertising;
* judicial appeal against acts and actions of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, local self-government bodies that violate the rights and legitimate interests of any member of the association or a group of members of the association;
* application of measures of responsibility in relation to its members stipulated by the constituent and other documents, including exclusion from the members of the association;
* development and adoption of rules (standards) for the professional activity of the members of the association (the Code of professional activity of the ACAR), control over their observance;
* development and adoption of a set of rules for professional ethics of AKAR members (AKAR Code of Ethics), monitoring their observance;
* application of measures of influence to the members of the association - violators of the rules of professional activity and professional ethics of the members of the association;
* consideration of complaints against the actions of members of the association;
* carrying out expert examinations of advertising products in controversial situations;
* holding competitions professional excellence for certain types of advertising and commercial communications;
* assistance in holding advertising festivals and participation of members of the association;
* creation and organization of the activities of the arbitration court at the association for the resolution of disputes between the members of the association, between the members of the association and other organizations;
* ensuring the activities of the advertising academy;
* implementation of international activities for the purpose of interaction, cooperation with international organizations, associations in the field of advertising and commercial communications, exchange of information, documents on all issues within the scope of the association;
* system development vocational training and retraining of personnel in the field of advertising and commercial communications for members of the association;
* propaganda of the principles and methods of advertising and commercial communications, dissemination of Russian and foreign experience in the field of advertising and commercial communications, including through the development of the information portal of the association;
* organization and holding of conferences, seminars, symposia, exhibitions, competitions and other events in order to realize the achievements of the members of the association.

A new stage in the development of the advertising self-regulation system in Russia is associated with the creation of the Council of Media Industry Associations (SAMI), which included almost all the main subjects of the media market - Media Union, Publishers Guild periodicals, Association of Communication Agencies, Association of Advertisers, Russian Association for Public Relations, National Association of TV and Radio Broadcasters, etc.

With the support of SAMI in 2003, the Russian Advertising Code was adopted - the first systematic act of self-regulation, refracting the main ideas of the International Code of Advertising Practice in relation to the reality of our country.

The Russian Advertising Code is aimed at the formation of a civilized advertising market, the development of healthy competition, and the emergence of fair advertising on the market. It identifies the most important General requirements to advertising: legality, honesty, decency, reliability. In addition, the code contains provisions aimed at protecting children, requirements for certain types of advertising, grounds for liability of various subjects of the advertising market.

The Code is supplemented by the Code of customs and rules for the business circulation of advertising on the territory of the Russian Federation, which contains specific examples and precedents of inappropriate advertising. For example, the code recommends refraining from advertising that reinforces (exacerbates) complexes associated with external unattractiveness, especially teenagers. An illustration of this provision is a television advertisement for the Clerasil lotion, which depicted in an unfavorable light a young man who did not use this drug and had to “walk in a helmet”. In accordance with the recommendations of the Public Council, the advertiser voluntarily removed the advertisement from television.

In 2004, the Council established the Public Commission on Ethics and Integrity in Advertising, the main objective which - prevention of violation of professional ethical standards in the field of advertising.

Characteristics Russian system self-regulation of advertising today are diversity existing organizations, unclear delineation of their functions and competencies, the focus of their activities primarily on the protection of their own interests of subjects of the advertising market, and not consumers of advertising.

According to experts, in Russia goes the process of developing mechanisms and procedures for self-regulation of advertising, dissemination of self-regulation norms among the advertising community, development of methods for monitoring compliance with accepted norms and application of responsibility.

The provisions of the Law on Advertising are aimed at developing a self-regulation system in Russia, expanding the powers of self-regulatory organizations in the field of advertising. According to article 32, self-regulatory organizations have the right to:

1) represent the legitimate interests of members of a self-regulatory organization in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies;
2) participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of a self-regulatory organization of the legislation of the Russian Federation on advertising;
3) appeal against arbitration court regulatory legal acts of federal government bodies, regulatory legal acts of government bodies of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies;
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 members of the self-regulatory organization;
5) develop, establish and publish the rules of professional activity in the field of advertising, binding on all members of the self-regulatory organization;
6) exercise control over the professional activities of members of a self-regulatory organization in terms of compliance with the requirements of this law and the rules of professional activity in the field of advertising, including the requirements of professional ethics;
7) consider complaints about the 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.

One of the most ambitious problems for Russia is the formation of a civilized market, including an advertising one. In the new economic conditions, the state, providing entrepreneurs with freedom of activity, cannot distance itself from the legal regulation of the advertising market, since this is fraught with serious negative consequences both for market relations and for society as a whole.

After all, the goal of every advertiser is to sell a product or service. Fair competition is based on the use of reliable information, favorable display of certain aspects of the product, ingenuity in the artistic performance of advertising, correct distribution of the advertising budget, clear selection target audience, skilful application of various methods of advertising creation described by us in the previous chapters. But in the pursuit of advertising effectiveness, many forget about ethical and legal norms, misleading the consumer by using inaccurate information about the product, neglecting the ethical attitude towards a competitor, using incorrect comparisons with competing firms, using prohibited techniques, etc. Advertising can popularize both a bad product and an unscrupulous, dishonest seller. She can be intrusive, irrepressible, and even immoral.

Consumers who believe the advertising message seriously suffer from false information, unrealistic promises. It is especially dangerous when advertising promotes cruelty, violence, various kinds of discrimination or superiority. This violates the rights and freedoms of the individual established by international law and guaranteed by the Constitution of the Russian Federation. And advertising that is incorrect in relation to a competitor damages his image and business reputation. All this limits competition in the market and can significantly change the course of natural, fair competition. Therefore, the state, the basis of which is market relations, is forced to establish different rules conduct on the market and monitor their observance.

Since there are several participants in the advertising process, the rules of the game must be established for each. Relations arising in the process of production, placement and distribution of advertising in Russia are regulated by the Law "About advertising" dated March 13, 2006 No. 38-FZ, which was first adopted in 1995.

The Federal Law "On Advertising" defines the scope of its application, the basic concepts of advertising, general requirements for it, features separate ways distribution of advertising, advertising features certain types goods, the rights of self-regulatory bodies, especially state control and responsibility for violation of the law. It should be noted that the law does not apply to political advertisements and to advertisements of physical phonies, including in the media, that are not related to the implementation of entrepreneurial activities.

The main objectives of the law are the development of markets for goods, works and services based on the observance of the principles of fair competition, ensuring the unity of the economic space in the Russian Federation, exercising the right of consumers to receive fair and reliable advertising, preventing violations of the legislation of the Russian Federation on advertising, as well as suppressing the facts of inappropriate advertising. ... The law provides for the need for a system of control and self-regulation in the field of advertising activities that takes into account the interests of all participants in advertising communications.

The sources of legal regulation of advertising in our country are also the Constitution (Basic Law) of the Russian Federation, the Civil and Criminal Codes. Often, the suppression of unfair advertising is carried out on the basis of the Code of Administrative Offenses of the Russian Federation. In addition, there are a number of laws that in one way or another relate to activities related to advertising and promotion of goods, for example: "On the Mass Media", "On Protection of Consumer Rights", "On Competition and Restriction of Monopolistic Activities in Product Markets", "On trademarks, service marks and names of places of passage of goods. " “On licensing of certain types of activity”, “On health”. TO regulatory documents that regulate advertising activities also include decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, acts of ministries and departments registered with the Ministry of Justice of the Russian Federation. In some cases, the sources of advertising law may also be acts of the constituent entities of the Russian Federation and local authorities, adopted within their competence and not contradicting the Constitution of the Russian Federation and federal laws.

Control and supervision over compliance with legislation in the field of advertising, as well as the adoption of by-laws in this area is carried out by Federal Antimonopoly Service(FAS Russia). Territorial bodies FAS Russia is represented by 73 organizations. The main directions of state control in the field of production, placement and distribution of advertising include:

preventing and suppressing inappropriate advertising that can mislead consumers or harm their health;
protection from unfair competition in the field of advertising;
bringing subjects of advertising activity to administrative responsibility for violation of advertising legislation;
interaction with self-regulatory bodies of advertising.

It should be noted that the regulation of advertising activities can be carried out on the basis of unwritten laws, such as, for example, customs and traditions established in a particular area of advertising and not contradicting the requirements of business turnover, fairness, rationality and integrity.

An important role in the development of a civilized advertising market is played by self-regulation... It involves voluntary control of subjects of advertising activities over compliance with the rules of conduct on advertising market based not only on the rule of law, but also on the rules set by the business community itself.

The interpretation of the concept of "self-regulation in the field of advertising" in Russia was given at a meeting of the Public Council of the Russian Federation on Advertising on November 15, 1996, at which the issue of the state and prospects of advertising self-regulation in Russia was considered. “Self-regulation of advertising,” says a press release from the Council about this meeting, “is the interaction of the main participants in the advertising process - advertisers, advertisers and the media - in order to develop uniform 'rules of the game', condemn bad business practices and effectively interact with members of the public , consumers, public authorities. Self-regulation allows solving controversial issues out of court, creates a climate of trust and openness, favorable for both the advertising community and consumers. " Self-regulatory mechanisms are based on agreed ethical standards, as exemplified by the International Advertising Code. Self-regulation of advertising is one of the ways to improve the quality of advertising products and eliminate bad advertising.

Self-regulation has a number of advantages over legislative regulation, since it is able to respond faster and more mobile, with the lowest cost to the needs of consumers and subjects of advertising activities; it is less formalized (the actions of specific firms can be assessed from the position common sense, not just formal rules); self-regulation rules come from needs real life... Self-regulation rules are not legal norms, therefore, they are binding only for those who adhere to them.

The main principles of self-regulation are as follows.

Advertising must be legal, decent, honest and reliable.
Advertising must be developed with a high degree of social responsibility and comply with the principles of fair competition generally accepted in commercial activities.
No advertising should discredit advertising activities in the eyes of society.

It is now generally accepted that self-regulation is most effective within the framework of established legislation. Article 32 of the Law "On Advertising" assigns to self-regulatory bodies ( public organizations(unions), associations and unions of legal entities) in the field of advertising the following rights:

represent the legitimate interests of members of a self-regulatory organization in their relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies;
participate in the consideration by the antimonopoly body of cases initiated on grounds of violation by members of a self-regulatory organization of the legislation of the Russian Federation on advertising;
to 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 the local self-government bodies;
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 members of the self-regulatory organization;
develop, establish and publish the rules of professional activity in the field of advertising, binding on all members of a self-regulatory organization;
monitor the professional activities of members of a self-regulatory organization in terms of compliance with the requirements of this Federal law and the rules of professional activity in the field of advertising, including the requirements of professional ethics;
consider complaints about the actions of a member of a self-regulatory organization;
develop and establish requirements for persons wishing to join a self-regulatory organization;
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;
maintain a register of persons who are members of a self-regulatory organization.

Thus, advertising self-regulation bodies are an additional element in the system of state control over compliance with advertising legislation. They are recognized as advisory and monitoring functions, i.e. those that require the greatest material costs.

In Russia, there are a number of organizations, one way or another related to the development of the advertising business and advertising self-regulation. These are the Association of Communication Agencies of Russia, AKAR (formerly the Russian Association of Advertising Agencies, PAPA), the National Advertising Association, the Committee of the Chamber of Commerce and Industry on Advertising Activities, the Public Relations Association, the Foundation for the Support of Advertising Producers and a number of others. For most of them, ethical self-regulation of advertising is only a side activity, since they are mainly engaged in the development of the advertising industry as such. Since 1995, a special organization has been operating specifically aimed at self-regulation in the advertising sphere - the Advertising Council of Russia. PCP (until 1999 - Public Council on Advertising).

The Advertising Council of Russia is a public association, the members of which are individuals and legal entities ( public associations) - carry out their activities in the production and distribution of advertising, consumer protection, social and cultural sphere. The main tasks of the PCP include:

organization of interaction between advertisers, manufacturers, distributors and consumers of advertising products, as well as government agencies; prevention and assistance in resolving disputes and conflicts in the advertising field;
development and implementation of a system of measures aimed at creating conditions for the development of mechanisms for self-regulation of advertising activities, the formation of civilized norms and rules of behavior in the advertising market;
assistance in creating legal conditions that ensure harmonious interaction of interests of customers, manufacturers, distributors and consumers of advertising;
creating conditions for professional communication and discussion of joint programs of activities of members of the Council, other interested organizations;
development of professional ties with creative unions, public organizations in Russia and abroad;
organizing and holding events (conferences, symposia, seminars, competitions, etc.) aimed at highlighting the activities of the advertising business, supporting fair competition, creativity in advertising;
assistance in the training of highly professional personnel for the advertising business, protection of copyrights and interests of members of the Council;
conducting an independent examination of advertising products.

In the structure of the RUR, there is a Committee for the consideration of appeals and the practice of applying self-regulation norms and legislation and for the development of ethical norms (standards) for advertising activities.

Thus, the main functions of the Committee for the consideration of appeals and the practice of applying self-regulation norms and legislation are:

consideration of appeals and statements of legal and individuals and assessment of their legality and compliance with federal advertising legislation;
development of recommendations for solving specific controversial issues;
identification of facts of non-compliance with self-regulation norms and legislation;
independent examination of advertising in order to determine its compliance with ethical standards and legal requirements;
organization of events on the practice of applying norms and standards of self-regulation of advertising;
establishing professional relations with the media, associations of advertisers, advertising agencies, consumer societies in Russia and abroad.

The functions of the Committee for the Development of Ethical Norms (Standards) of Advertising Activities include:

development of requirements in the field of ethics and standards of advertising;
examination of advertising messages;
development and direction of recommendations to subjects of advertising activities;
organization and conduct of events related to ethics and advertising standards.

One of the main conditions for the effectiveness of the self-regulation system is the development of certain ethical codes advertising. Among them are the International Code of Advertising Activities of the International Chamber of Commerce (ICC), the Self-Regulation Guidelines of the European Advertising Standards Alliance (EASA), and the Russian Advertising Code.

Back at the beginning of the XX century. due to the rapid development of industry, foreign economic relations, international trade and advertising business, it became necessary to formulate certain uniform principles of advertising practice. Through the combined efforts of entrepreneurs from different countries in 1937, the International Code of Advertising Practice (later - activities) was adopted, which was subsequently revised and supplemented several times.

International Chamber of Commerce views the Code primarily as a tool of self-discipline, but it is also intended to be used in jurisprudence as a reference. The Code is not a document on the basis of which any legal action could be taken against its violators. It has no force of law and acts as a kind of code of honor for the advertiser. Its main purpose is to highlight the basic principles and norms of advertising. The International Advertising Code is a kind of set of rules, customs and ethical standards that signatories to the advertising market voluntarily undertake to follow.

The Code applies to all advertising content, including all words and numbers (written and spoken), images, music and sound effects... The Code gives the following definitions basic concepts advertising.

The term "advertising" should be interpreted in its broadest sense, including any form of advertising for goods and services, regardless of the advertising medium used and advertising statements on packaging, labels and materials at the point of sale.
The term "products" also includes services.
The term "consumer" means a person to whom an advertisement is addressed or whom it can reach, regardless of whether he is an end consumer, a trader or a user.

The basic principles of the ICC Code boil down to the fact that any advertising message must be legally flawless, decent, honest and truthful, created with a sense of responsibility before society and meet the principles of fair competition.

The principle that all advertising should be developed with a high degree of responsibility to society and comply with the principles of fair competition generally accepted in commercial activities is reflected in the prohibition of statements, images that defame the honor, dignity and business reputation of competitors.

Let's dwell on some of the rules set out in the Code. Ads must not contain statements or images that violate generally accepted standards of decency. It is impossible to play on the feeling of fear, superstition and prejudice without justified reasons. Ads must not contain anything that could provoke acts of violence, and must not support discrimination on the basis of race, religion or sex.

Advertising should also not abuse the consumer's trust and lack of experience or knowledge: it is not allowed to mislead consumers about the advertised product through abuse of the trust of individuals or their lack of experience and knowledge. It should not contain statements and images that, directly or indirectly, intentionally or accidentally, due to silence, ambiguity or exaggeration, may mislead the consumer, in particular with regard to such characteristics as:

nature, grade, composition, method and date of manufacture, suitability for use, range of use, quantity, manufacturer and country of manufacture;
the value of the product and the price actually paid;
other terms of payment such as hire purchase, long term lease, installment and credit sale;
delivery, exchange, return, repair and maintenance;
warranty conditions;
copyrights and industrial property rights such as patents, trademarks, designs and models, trade names;
official recognition or approval, awarding of medals, prizes and diplomas;
the size of the benefits in case of participation in charitable events.

In addition, advertisements must not misuse research results or excerpts from technical and scientific publications. Statistical data should not be presented as having greater significance than they actually are. Incorrect use of scientific terms is not allowed; the use of professional jargon and inappropriate scientific information intended to give the claims the appearance of scientific validity, which they do not actually possess, are not allowed. If the Russian participants in the advertising process follow these rules, then we can safely say that there will be no complaints against them even from self-regulatory organizations.

An interesting rule is that advertisements should not contain testimonies or references to them, unless the testimonies are authentic and based on the experience of the persons who give them. Also, evidence or references that are out of date or no longer applicable for other reasons should not be used. Based Russian experience, we know that many television commercials feature not real, say, housewives promoting their favorite brand washing powder, and the actors. It turns out that the testimonies of the fictional "Aunt Asya" violate at least ethical standards.

Direct or indirect defamation of any company, industrial or commercial activities(profession) and for any product. An attempt to provoke contempt or ridicule is also considered defamation.

Advertising may not contain images of any persons (or links to them), both private and holding any positions, without obtaining prior consent from them. Advertisements must also not, without prior permission, depict (or link to) the property of any person in a manner that would give the impression of endorsement by that person of the content of the advertisement.

Among other things, the Code's rules state that advertisements must not imitate the general composition, text, slogans, video sequences, music, sound effects and other elements of competitors' advertisements in such a way that they may mislead the consumer and may be mistaken for other advertisements. As highlighted in the document, in the case of an organization by an international advertiser in one or more countries advertising campaign that has specific characteristics, other advertisers should not unreasonably imitate this campaign in other countries where this advertiser operates.

Several of the Code's rules deal with advertising to children and young people. The advertising safety requirements state that special care must be exercised in advertisements aimed at or depicting children and young people. An article entitled "Children and Youth" established that advertising should not abuse the gullibility or lack of experience of young people, or abuse their sense of duty. Advertising intended for children and young people or capable of influencing them should not contain any statements or images that could cause them physical or mental harm. Text, visual or sound use of images of minors in advertising that is not directly related to goods for minors is not allowed.

In conclusion, I would like to note that no advertising message should undermine public confidence in advertising, i.e. discredit advertising activities in the eyes of society.

Answer the questions

What is the main function of the Federal Law "On Advertising"?
In what year was the RF Law "On Advertising" first adopted?
What types of advertising are not covered by the Law of the Russian Federation "On Advertising"?
Which body is responsible for monitoring and overseeing compliance with advertising legislation?
What are the main directions of state control in the production, placement and distribution of advertising?
Do the activities of self-regulatory bodies depend on the state?
What are the advantages of self-regulation over statutory regulation?
Are self-regulation rules binding on?
What sanctions can self-regulatory bodies apply to infringing advertisers?
Remember the basic principles of self-regulation, formulate your attitude towards them.
Give examples of organizations and self-regulation codes in Russia and around the world.

Complete tasks

Exercise 1