Publication date: 11.07.2024
Liability for violation of the rules for the provision of advertising services
Advertising services are an integral part of any company's modern business and communication strategy. They help to attract customers, increase brand awareness and drive sales. However, failure to comply with the established rules and standards in the field of advertising services can lead to serious consequences for both consumers and advertisers. In this article, we will consider the main aspects of liability for violation of the rules for the provision of advertising services, the regulatory framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision of advertising services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Advertising":
- The main law regulating the legal framework of advertising activities in Ukraine, sets out the requirements for the content and form of advertising, the rights and obligations of advertisers, advertisers and distributors of advertising, as well as liability for violations of the law in this area.
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of advertisers and the procedure for reviewing consumer complaints about misleading or false advertising.
TheLaw of Ukraine "On Protection against Unfair Competition":
- Defines the legal framework for protection against unfair competition, including advertising that contains false or incomplete information, misleads consumers or discredits competitors.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between advertisers, advertisers and distributors of advertising, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the advertising legislation, non-compliance with the standards and rules of advertising activities.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of advertising, including fraud, misleading consumers and other offences.
Orders and resolutions of executive authorities:
- Establish additional requirements for advertising of certain types of goods and services, regulate the procedure for reviewing complaints and imposing sanctions for violations of advertising laws.
Major violations of the rules for the provision of advertising services
The main violations of the rules for the provision of advertising services may include:
Misleadingadvertising:
- Providing inaccurate, incomplete or false information in advertising that may mislead consumers about the characteristics of a product or service, its cost, terms of purchase, etc.
Unfair advertising:
- The use of advertising to discredit competitors, compare goods or services with competitive products in a way that is unfair or untrue.
Unlawful use of other people's trademarks and signs:
- The use of other people's trademarks, marks or other intellectual property in advertising without the owner's permission.
Advertising that violates ethical standards:
- The use of materials in advertising that contain insults, discrimination on any grounds, obscene or immoral elements.
Violation of the requirements for advertising certain types of goods:
- Failure to comply with special requirements for advertising medicines, alcohol, tobacco products, financial services and other goods, the advertising of which is regulated by separate regulatory acts.
Types of liability for violation of the rules for the provision of advertising services
Violations of the rules for the provision of advertising services may result in various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violation of the requirements of the advertising law, non-compliance with the standards and rules of advertising activities. Sanctions may include fines, warnings, and temporary suspension of a business entity. Such violations are subject to fines ranging from 5 to 100 tax-free minimum incomes, and in case of repeated violations - up to 200 tax-free minimum incomes.
Civil liability:
- Civil liability is incurred in case of material or moral damage to consumers or competitors as a result of improper advertising activities. Consumers or competitors have the right to seek damages through the courts. Liability may include compensation for material damage (lost profits, advertising costs, etc.) and non-pecuniary damage (humiliation, mental stress).
Criminal liability:
- Criminal liability is incurred for committing crimes in the field of advertising, such as fraud, misleading consumers, which led to serious consequences for health or life. Sanctions may include fines, imprisonment, and a ban on engaging in certain activities. Such violations are punishable by fines in the amount of 500 to 1,000 tax-free minimum incomes, and in case of repeated violations - up to 2,000 tax-free minimum incomes or imprisonment for up to 5 years.
Procedure for bringing to liability
The procedure for bringing business entities and their employees to liability for violations of the rules for the provision of advertising services depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences may be detected during inspections by regulatory authorities (State Service of Ukraine on Food Safety and Consumer Protection, National Council of Ukraine on Television and Radio Broadcasting) or following consumer complaints. In case of violations, an administrative protocol is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, consumers or competitors may file a lawsuit for damages. The court examines evidence of improper advertising activities, hears witnesses, and conducts expert examinations to determine the amount of damage. The court decides on the compensation of damages.
Criminal procedure:
- In the event of crimes in the field of advertising, victims or other interested parties may file a criminal complaint with law enforcement agencies.So, whether you need to consult a lawyer or a lawyer's advice, it doesn't matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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