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Publication date: 29.05.2024
Legal regulation of advertising and media
Introduction
Advertising and media are an integral part of modern society, having a significant impact on public opinion, business and culture. The importance of these areas requires clear legal regulation to ensure legality, ethics and protection of the rights of consumers and market participants. This article discusses the main legal aspects of advertising and media regulation, including Ukrainian national legislation, international standards and liability for violations.
National legislation
The Law of Ukraine "On Advertising"
The main legal act regulating advertising in Ukraine is the Law of Ukraine "On Advertising". This law defines the concept of advertising, establishes requirements for its content, form and distribution, as well as restrictions on certain types of advertising (e.g., advertising of alcohol, tobacco products, medicines, etc.).
The main provisions of the law include:
- Prohibition on the dissemination of false or unfair advertising.
- Requirements for labelling advertising and distinguishing it from other information.
- Regulation of advertising in the media, on transport, in crowded places, etc.
- Specific requirements for advertising for children.
The Law of Ukraine "On Television and Radio Broadcasting"
This law regulates the activities of television and radio organisations in Ukraine. It defines the legal framework for the creation, operation and development of television and radio broadcasting, sets requirements for content, protection of the rights of viewers and listeners, and advertising on television and radio.
The main provisions of the law include:
- Licensing requirements for broadcasters.
- Regulation of language quotas and content restrictions.
- Restrictions on the time and content of advertising.
- Protection of intellectual property rights.
Other regulations
In addition to these laws, the legal regulation of advertising and media includes a number of other regulatory acts, such as the Law of Ukraine "On Information", the Law of Ukraine "On Consumer Protection", the Law of Ukraine "On Printed Media (Press) in Ukraine" and others. You may also be interested in the following articles: advice of a lawyer, legal advice, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal advice, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
International regulation
International standards
Ukraine is a party to a number of international treaties and agreements regulating advertising and media, including the European Convention on Transfrontier Television, the EU Audiovisual Media Services Directive and others.
Self-regulation
Self-regulatory organisations such as the International Advertising Association (IAA) and the European Advertising Association (EASA) play an important role in regulating advertising and media. They develop codes of ethics and standards to help ensure that advertising complies with generally accepted rules and regulations.
Liability for violations of the law
Administrative responsibility
Administrative liability is imposed for violations of advertising and media legislation. This may include fines, termination of activities, restriction of access to advertising or media resources, etc.
Criminal liability
In case of serious violations, such as dissemination of false information that leads to significant losses or disruption of public order, criminal liability is provided for. The relevant articles of the Criminal Code of Ukraine provide for penalties in the form of fines, correctional labour or imprisonment.
Civil liability
Civil liability provides for the possibility of compensation for losses caused by false or unfair advertising. This may include compensation for non-pecuniary damage, business losses, reputational damage, etc.
Conclusion.
The legal regulation of advertising and media in Ukraine is a multifaceted process that includes national legislation, international standards and self-regulation. Compliance with the established rules and regulations is essential to ensure transparency, ethics and legitimacy in this area. It is also important to have clear mechanisms of liability for violations, which helps to protect the rights of consumers and market participants.
The importance of legal regulation of advertising and media cannot be underestimated, as they have a significant impact on society and the economy. A responsible attitude to these issues will contribute to the development of a healthy information environment, which is key to a democratic society.
