An important role in the development of a civilized advertising market is played by self-regulation. It involves the voluntary control of subjects of advertising over compliance with the rules of conduct in the advertising market, based not only on the force of law, but also on the rules established 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, which considered the issue of the state and prospects of self-regulation of advertising in Russia. “Advertising self-regulation,” the Board said in a press release about this meeting, “is the interaction of the main participants in the advertising process - advertisers, advertisers and the media - with the aim of developing a common “rules of the game”, condemning bad business practices and effectively interacting with members of the public. , consumers, authorities state power. Self-regulation allows you to resolve contentious issues before judicial order creates a climate of trust and openness that is good for both the advertising community and consumers.” Self-regulatory mechanisms are based on agreed ethical standards, exemplified by the International Advertising Code. Advertising self-regulation is one way to improve the quality of advertising products and eliminate bad advertising.

1. Self-discipline. Standards are developed, used and implemented by the company itself. For example, a number of manufacturers (Colgate-Palmolive, General Foods, AT&T) have developed their own codes of conduct and ad acceptance criteria.
2. Pure self-regulation. It consists in the fact that the standards are developed, used and enforced by organizations in the advertising industry. In the US, this self-regulation is carried out by the so-called National Advertising Review Board (CNAD). This Council may insist on the voluntary removal of advertising that professionals consider misleading. The working bodies of the Council are the National Advertising Division (NAD) and the National Advertising Review Board (NARB).
3. Cooperative self-regulation. It consists in the fact that the industry involves outside people (government representatives, independent public organizations, professionals and consumers) to develop, apply and enforce standards. This type of self-regulation in the United States is carried out through the American Association of Advertising Agencies (AAAA), as well as the Association of Home Advertisers and the American Advertising Federation. AAAA may deny membership to advertising agencies that violate the ethical standards set out in the AAAA Code of Conduct and Creative Code.

4. Contractual self-regulation. Occurs when the industry voluntarily negotiates the development, use and enforcement of regulations with some third party organizations (for example, with a consumer association). This type of self-regulation is usually carried out on the initiative of specific advertisers with various organizations on whose opinion success depends. marketing policy.

Self-regulation has a number of advantages compared to legislative regulation, since it is able to respond faster and more mobile, at the lowest cost, to the needs of consumers and advertising entities; it is less formalized (the actions of specific firms can be evaluated from the position common sense, and 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 have joined them.

The main principles of self-regulation are as follows.

1. Advertisements must be legal, decent, honest and authentic.
2. Advertising must be developed with a high degree of responsibility to society and comply with the principles of fair competition generally accepted in commercial activities.
3. 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 (associations), associations and unions legal entities) in the field of advertising the following rights:

represent the legitimate interests of members self-regulatory organization in their relations with federal government bodies, government bodies of subjects Russian Federation, organs local government;
participate in the consideration antitrust authority cases initiated on grounds of violation by members of the self-regulatory organization of the legislation of the Russian Federation on advertising;
appeal to court of Arbitration normative legal acts of federal state authorities, normative legal acts of state authorities of the constituent entities of the Russian Federation, normative legal acts of local governments;
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 rules binding on all members of the self-regulatory organization professional activity in the field of advertising;
exercise control over 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 professional ethics;
consider complaints against 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-regulatory 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 most material costs.

In Russia, there are a number of organizations, one way or another connected with the development advertising business and self-regulation of advertising. These are the Association of Communication Agencies of Russia, RACAR (formerly the Russian Association of Advertising Agencies, PAPA), the National Advertising Association, the Advertising Committee of the Chamber of Commerce and Industry, the Public Relations Association, the Advertising Producers Support Fund and a number of others. For most of them, the 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 also been operating, aimed specifically at self-regulation in the advertising field - the Advertising Council of Russia, PCR (until 1999 - the Public Council for Advertising).

The Advertising Council of Russia is a public association whose members 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 RSR include:

1) 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;
2) 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 conduct in the advertising market;
3) promoting the creation of legal conditions that ensure the harmonious interaction of the interests of customers, producers, distributors and consumers of advertising;
4) creation of conditions for professional communication and discussion of joint programs of activities of members of the Council, other interested organizations;
5) development of professional relations with creative unions, public organizations in Russia and abroad;
6) organizing and holding events (conferences, symposiums, seminars, competitions, etc.) aimed at highlighting the activities of the advertising business, supporting fair competition, creativity in advertising;
7) assistance in the training of highly professional personnel for the advertising business, protection of copyrights and interests of members of the Council;
8) conducting an independent examination of advertising products.

The RUR structure has a Committee for the consideration of applications and the practice of applying self-regulation and legislation and for the development ethical standards(standards) of advertising activities.

Thus, the main functions of the Committee for Consideration of Appeals and Practice of Application of Self-Regulation and Legislation are:

consideration of appeals and applications of legal and individuals and assessment of their legitimacy and compliance with federal advertising legislation;
development of recommendations for resolving specific contentious issues;
identification of facts of non-compliance with self-regulation 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 the norms and standards of advertising self-regulation;
establishing professional relations with the media, advertiser associations, advertising agencies, consumer societies in Russia and abroad.

The functions of the Committee for the development of ethical norms (standards) for 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 the subjects of advertising activities;
organizing and holding events related to the ethics and standards of advertising.

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

As early as the beginning of the 20th century. due to the rapid development of the industry, foreign economic relations, international trade and advertising, it became necessary to formulate certain uniform principles of advertising practice. Through the combined efforts of entrepreneurs from various countries in 1937, the International Code of Advertising Practice (later - activities) was adopted, which was subsequently revised and supplemented several times.

The International Chamber of Commerce considers the Code primarily as a tool for self-discipline, but it is also intended to be used as a reference in jurisprudence. The Code is not a document on the basis of which it would be possible to take any legal measures in relation to its violators. It does not have the force of law and acts as a kind of code of honor for the advertiser. Its main goal is to highlight the basic principles and norms of advertising activities. The International Advertising Code is a kind of set of rules, customs and ethical standards, which signatory participants in 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 of the basic concepts of advertising.

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

The main principles of the ICC Code are that any advertising message must be legally perfect, decent, honest and truthful, created with a sense of responsibility to society and meet the principles of fair competition.

The principle that any 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 discredit honor, dignity and business reputation competitors.

Let's dwell on some of the rules set forth in the Code. Advertisements must not contain statements or images that violate generally accepted standards of decency. It is impossible to play on the feeling of fear, superstitions and prejudices without justified reasons. Advertisements must not contain anything that could provoke acts of violence and must not support discrimination based on race, religion or gender.

Advertising also should not abuse the consumer's trust and lack of experience or knowledge: it is not allowed to mislead consumers about the advertised product by abusing the trust of individuals or their lack of experience and knowledge. It must not contain statements or images which, directly or indirectly, intentionally or accidentally, through silence, ambiguity or exaggeration, may mislead the consumer, in particular with regard to characteristics such 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 payment terms such as installment sales, long-term leases, installment payments and credit sales;
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 extracts from technical and scientific publications. Nor should statistics be presented as having more significance than they actually do. Incorrect use of scientific terms is not allowed; professional jargon and irrelevant information of a scientific nature intended to give the appearance of scientific validity to the statements, which they do not actually possess, is not allowed. If the Russian participants in the advertising process follow these rules, then we can safely say that there will be no claims against them even from self-regulatory organizations.

An interesting rule is that advertisements should not contain evidence or references to it, unless the evidence is genuine and based on the experience of the person giving it. Also, evidence or references that are outdated or no longer applicable for other reasons should not be used. Based Russian experience, we know that in many television commercials not real, say, housewives advertising their favorite brand of washing powder, but actors are being filmed. It turns out that the testimonies of the fictitious "Aunt Asya" violate at least ethical standards.

Direct or indirect defamation of any firm, industrial or commercial activity(profession) and for any product. An attempt to cause contempt or ridicule is also considered slander.

Advertising may not contain images of any persons (or references to them), both private and holding any position, without obtaining their prior consent to do so. Advertisements must also not, without prior permission, depict (or refer to) any person's property in a way that might give the impression that that person is acknowledging the content of the advertisement.

Among other things, the rules of the Code state that advertising must not imitate overall composition, text, slogans, video, music, sound effects and other elements of competitors' advertisements in such a way that it can mislead the consumer and can be mistaken for other advertising. As highlighted in the document, if organized by an international advertiser in one or more countries advertising campaign distinctive features, other advertisers should not unreasonably imitate this campaign in other countries where this advertiser operates.

Several rules of the Code deal with advertising that affects children and young people. The advertising safety requirements state that special care must be taken in advertising directed at or depicting children and young people. An article titled "Children and Youth" found that advertising should not abuse children's gullibility or lack of experience in young people, nor abuse their sense of duty. Advertising intended for or likely to influence children and young people must not contain any statements or images that could harm them physically or morally. It is not allowed to use textual, visual or sound images of minors in advertising that is not directly related to goods for minors.

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.

Romanov L.A., Kaptyukhin R.V. Legal regulation and management of advertising activities. M.: Publishing House of Moscow state university economics, statistics and informatics, 2007, pp. 9-10.
Romanov L.L., Kaptyukhin R.V. Decree. op. pp. 8-9.

Chapter 4 of the Advertising Law deals with self-regulation in advertising. In Art. 31 gives the concept of self-regulatory organizations: "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 for Advertising was founded, which in 2000 was transformed into Advertising Council of Russia (PCP)- body of self-regulation of advertising activity. 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 activities and for the consideration of appeals and the practice of applying self-regulation and legislation. The main activities of RSR:

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

The Advertising Council developed and proposed for voluntary execution the "Code of Customs and Rules for the Business Circulation of Advertising on the Territory of the Russian Federation". In 2000, 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 for the Business Circulation of Advertising on the Territory of the Russian Federation", it took into account ethical norms and provisions that reflect the characteristics of the advertising market, cultural and historical features of Russia.

PCP's focus on active participation in the development of advertising legislation was put into practice 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 advertisers of the country.

Among the most authoritative Association of Communication Agencies of Russia (ACAR), representing the interests of the largest advertising agencies. From the moment of its foundation in 1993 until 2004 it was called Russian Association of Advertising Agencies (PAPA). About 100 advertising agencies were members of the association. The reason for changing the name 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. The activities 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. Its scope of activity is the development of the advertising business in Russia and the improvement of 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. Created in 1989, it received 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 professional help highly qualified specialists (judicial defense, provision of independent and objective information, consultations); representation and protection of the interests of consumers in their relations with business and the state.

In addition to the above, one can also name such professional self-regulatory associations as Russian Association direct marketing (1995); Moscow Advertising Guild (1998); Union of Professionals outdoor advertising(1999); National Network of 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 municipalities and etc.

* organization of interaction between the 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;
* carrying out an independent examination of promotional products.

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

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 the voluntary compliance with the developed norms by the subjects participating in the market.

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

According to the charter 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 in the daily practice of members of the association of rules (standards) for professional activities in the field of advertising and commercial communications and ensuring control over their implementation;
* development, introduction into the daily practice of members of the association of voluntary ethical requirements for advertising 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 governing relations in the field of advertising and commercial communications, and submission of these proposals to bodies with the right of legislative initiative;
* ensuring the interaction of members of the association, the media and advertisers in order to improve the quality level of advertising and other marketing information, its reliability and accessibility to every 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 grounds of violation by members of the association of advertising legislation;
* judicial appeal against acts and actions of federal state authorities, state authorities of the constituent entities of the Russian Federation, local authorities that violate the rights and legitimate interests of any member of the association or group of members of the association;
* the application of measures of responsibility in relation to its members provided for by the constituent and other documents, including exclusion from members of the association;
* development and adoption of rules (standards) for the professional activities of members of the association (Code of professional activities of the AKAR), monitoring their compliance;
* development and adoption of a set of rules of professional ethics for AKAR members (the Code of Ethics of AKAR), 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 examinations of promotional products in disputable situations;
* holding contests professional excellence on certain types advertising and commercial communications;
* promotion of advertising festivals and the participation of members of the association in them;
* creation and organization of the activities of the arbitration court at the association to resolve disputes between members of the association, between 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;
* promotion of the principles and methods of advertising and commercial communications, dissemination of Russian and foreign experience activities 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, symposiums, 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 includes almost all the main subjects of the media market - Media Union, the Guild of Periodical Press Publishers, the Association of Communication Agencies, the Association of Advertisers, the Russian Association for Public Relations , National Association of Broadcasters, etc.

With the support of SAMI, in 2003 the Russian Advertising Code was adopted - the first systemic 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 appearance 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 responsibility of various subjects of the advertising market.

The Code is supplemented by the Code of Practice and Rules for the Business Circulation of Advertising on the Territory of the Russian Federation, which contains concrete examples and precedents for inappropriate advertising. For example, the code recommends refraining from advertising that intensifies (exacerbates) the complexes associated with external unattractiveness, especially teenage ones. An illustration of this provision is the television advertisement of the Klerasil lotion, which showed in an unfavorable light a young man who does not use this drug and is forced to “walk in a helmet”. In accordance with the recommendations of the Public Council, the advertiser voluntarily removed this advertisement from the TV show.

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 the diversity of existing organizations, the fuzzy delimitation of their functions and competence, the focus of their activities primarily on protecting their own interests of the subjects of the advertising market, and not consumers of advertising.

According to experts, in Russia there is a process of developing mechanisms and procedures for self-regulation of advertising, spreading self-regulation standards among the advertising community, developing methods for monitoring compliance with accepted standards and applying responsibility.

The provisions of the Law on Advertising, which expand the powers of self-regulatory organizations in the field of advertising, are aimed at developing the system of self-regulation in Russia. 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 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 self-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 the 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 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.

One of the biggest problems for Russia is the formation of a civilized market, including advertising. In new economic conditions the state, while granting freedom of activity to entrepreneurs, cannot distance itself from legal regulation advertising market, as 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, the advantageous display of certain aspects of the product, ingenuity in the artistic performance of advertising, the correct distribution of the advertising budget, a clear allocation of target audience, the skillful application of the various advertising techniques described in the previous chapters. But in the pursuit of advertising effectiveness, many people forget about ethical and legal standards, misleading the consumer by using false information about the product, neglecting the ethical attitude towards a competitor, using incorrect comparisons with competing firms, using prohibited methods, etc. Advertising can promote both a worthless product and an unscrupulous, dishonest seller. She can be obsessive, irrepressible and even immoral.

From false information, unrealistic promises, consumers who believe the advertising message are seriously affected. 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 its 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 the system of which are market relations, is forced to establish various rules of conduct in 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, the features of individual methods of advertising distribution, the features of advertising certain types of goods, the rights of self-regulatory bodies, the features of state control and liability for violation of the law. It should be noted that the law does not apply to political advertising and advertisements of individuals, including in the media, not related to the implementation of entrepreneurial activity.

The main objectives of the law are the development of markets for goods, works and services based on 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, taking 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 suppression of unfair advertising is carried out on the basis of the RF Code of Administrative Offenses. In addition, there are a number of laws, one way or another related to activities related to advertising and promotion of goods, for example: “On the Mass Media”, “On Protection of Consumer Rights”, “On Competition and Restriction monopolistic activity on commodity markets”, “On Trademarks, Service Marks and Names of Places of Passage of Goods”. "On Licensing Certain Types of Activities", "On Health". The legal documents regulating 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, acts of subjects of the Russian Federation and local governments adopted within their competence and not contradicting the Constitution of the Russian Federation and federal laws can also be sources of advertising law.

Control and supervision over compliance with the 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 of the FAS Russia are represented by 73 organizations. The main areas of state control in the field of production, placement and distribution of advertising include:

prevention and suppression of inappropriate advertising that can mislead consumers or harm their health;
protection against unfair competition in the field of advertising;
bringing subjects of advertising activity to administrative responsibility for violation of the legislation on advertising;
interaction with advertising self-regulatory authorities.

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

An important role in the development of a civilized advertising market is played by self-regulation. It involves the voluntary control of subjects of advertising over compliance with the rules of conduct in the advertising market, based not only on the force of law, but also on the rules established 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, which considered the issue of the state and prospects of self-regulation of advertising in Russia. “Advertising self-regulation,” the Board said in a press release about this meeting, “is the interaction of the main participants in the advertising process - advertisers, advertisers and the media - with the aim of developing a common “rules of the game”, condemning bad business practices and effectively interacting with members of the public. consumers, public authorities. Self-regulation makes it possible to resolve disputes out of court, creates a climate of trust and openness that is favorable for both the advertising community and consumers.” Self-regulatory mechanisms are based on agreed ethical standards, exemplified by the International Advertising Code. Advertising self-regulation is one way to improve the quality of advertising products and eliminate bad advertising.

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

The main principles of self-regulation are as follows.

Advertising must be legal, decent, honest, and authentic.
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 the following rights to self-regulatory bodies (public organizations (associations), associations and unions of legal entities) in the field of advertising:

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, and local government bodies;
participate in the consideration by the antimonopoly body of cases initiated on the grounds of violation by members of the self-regulatory organization of the legislation of the Russian Federation on advertising;
to appeal to the 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;
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 rules of professional activity in the field of advertising that are binding on all members of the self-regulatory organization;
exercise control over 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 against 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.

In Russia, there are a number of organizations, one way or another connected with the development of the advertising business and self-regulation of advertising. These are the Association of Communication Agencies of Russia, RACAR (formerly the Russian Association of Advertising Agencies, PAPA), the National Advertising Association, the Advertising Committee of the Chamber of Commerce and Industry, the Public Relations Association, the Advertising Producers Support Fund and a number of others. For most of them, the 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 also been operating, aimed specifically at self-regulation in the advertising field - the Advertising Council of Russia. PCP (until 1999 - Public Council for Advertising).

The Advertising Council of Russia is a public association whose members - individuals and legal entities (public associations) - carry out their activities in the production and distribution of advertising, consumer protection, and the socio-cultural sphere. The main tasks of the RSR 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 conduct in the advertising market;
promoting the creation of legal conditions that ensure the harmonious interaction of the interests of customers, manufacturers, distributors and consumers of advertising;
creation of conditions for professional communication and discussion of joint programs of activities of members of the Council, other interested organizations;
development of professional relations with creative unions, public organizations in Russia and abroad;
organizing and holding events (conferences, symposiums, 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.

The RUR structure has a Committee for the consideration of applications and the practice of applying self-regulation and legislation, and for the development of ethical norms (standards) for advertising activities.

Thus, the main functions of the Committee for Consideration of Appeals and Practice of Application of Self-Regulation and Legislation are:

consideration of appeals and applications of legal entities and individuals and assessment of their legitimacy and compliance with federal advertising legislation;
development of recommendations for resolving specific contentious issues;
identification of facts of non-compliance with self-regulation 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 the norms and standards of advertising self-regulation;
establishing professional relations with the media, advertiser associations, advertising agencies, consumer societies in Russia and abroad.

The functions of the Committee for the development of ethical norms (standards) for 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 the subjects of advertising activities;
organizing and holding events related to the ethics and standards of advertising.

As early as the beginning of the 20th century. in connection with the rapid development of industry, foreign economic relations, international trade and advertising, it became necessary to formulate certain unified principles of advertising practice. Through the combined efforts of entrepreneurs from various countries in 1937, the International Code of Advertising Practice (later - activities) was adopted, which was subsequently revised and supplemented several times.

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

The principle that any 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 discredit the honor, dignity and business reputation of competitors.

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 payment terms such as installment sales, long-term leases, installment payments and credit sales;
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.

An interesting rule is that advertisements should not contain evidence or references to it, unless the evidence is genuine and based on the experience of the person giving it. Also, evidence or references that are outdated or no longer applicable for other reasons should not be used. Based on Russian experience, we know that many television commercials do not feature real, say, housewives advertising their favorite brand of washing powder, but actors. It turns out that the testimonies of the fictitious "Aunt Asya" violate at least ethical standards.

It is prohibited to directly or indirectly slander any company, industrial or commercial activity (profession) and any product. An attempt to cause contempt or ridicule is also considered slander.

Among other things, the rules of the Code state that advertising must not imitate the general composition, text, slogans, video sequence, music, sound effects and other elements of competitors' advertising in such a way that it can mislead the consumer and be mistaken for other advertising. As emphasized in the document, in the event that an international advertiser in one or more countries organizes an advertising campaign that has characteristic distinctive features, other advertisers should not unreasonably imitate this campaign in other countries where this advertiser operates.

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 Law of the Russian Federation "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 supervising compliance with the legislation in the field of advertising?
What are the main directions of state control in the field of production, placement and distribution of advertising.
Does the activity of self-regulatory bodies depend on the state?
What are the advantages of self-regulation over legislative regulation?
Are self-regulatory rules binding?
What sanctions can self-regulatory authorities apply to infringing advertisers?
Remember the basic principles of self-regulation, formulate your attitude towards them.
Give examples of organizations and codes of self-regulation in Russia and in the world.

Complete tasks

Exercise 1

Seventy years of total experience state regulation economic and social life in our country showed the inefficiency of managing economic processes and the impossibility of creating an expedient and operational system of regulation in the sectors of the economy under the conditions of a totalitarian state. Meanwhile, in developed countries, issues of economic regulation are quite successfully resolved by the professional community, which allows not only to optimize the system regulation in every sector of the economy, but also to ensure effective control over compliance with the adopted rules, as well as effective measures to influence violators.

During the transition to a market economy in Russia, the task arose of developing self-regulation, carrying out an administrative reform that would allow transferring part of the management and control functions from the hands of officials to the hands of professional community- the so-called self-regulatory organizations.

Advertising is a sphere that actively influences social creation and business processes. Therefore, the development of self-regulation here is the most urgent task, especially in connection with the inefficiency and irrationality of comprehensive state regulation and control.

The European Advertising Standards Alliance (EASA - Cross-Border Claimplaints System) reveals the essence and goals of self-regulation in advertising in this way: “The principles of self-regulation are always the same: advertising must be legal, decent, honest and truthful, made with a sense of civic responsibility to consumer and society, and with due respect for the rules of fair competition. This is achieved through the rules and principles of best advertising practice that the advertising industry voluntarily commits itself to. The rules are enforced by self-regulatory organizations established for this purpose and founded by the advertising industry itself. The goal is to ensure high standards in advertising, trust and consumer confidence for the benefit of all who are interested in it.

1) ensures the establishment of informal and necessary rules of conduct for subjects of the advertising market;

2) replaces state regulation economic processes in those areas where state regulation has shown its inefficiency and inexpediency;

4) contributes to the improvement of the current legislation in the field of advertising.

Self-regulation is a necessary element of a developed civil society, part of the mechanisms of non-state regulation of public life.

The draft Federal Law No. 348631-3 “On Self-Regulatory Organizations” defines self-regulation as an independent and initiative activity of business or professional entities, the content of which is the development and establishment of rules and standards for business or professional activity, and monitoring their observance.

The main element of the self-regulation system is the so-called self-regulatory organizations, which in the draft law are designated as “non-state non-profit organizations created for the purpose of self-regulation on the terms of participation (membership), uniting business entities on the basis of the unity of the industry or market of goods (works, services) produced or uniting subjects of the same type of professional activity.

The need to develop self-regulation in advertising is associated with the following shortcomings of the current system of state regulation:

Inefficiency of legal regulation of certain relations in the field of advertising (for example, the issue of ethics or unethical advertising);

The possibility of using the letter of the law in contradiction with its spirit (for the purpose of unfair competition, deceiving consumers, etc.). An example would be advertisements for manufacturing plants. alcoholic products, advertising mineral water, which copies the design of the alcoholic drink of the same name using the common trademark, with an almost complete legislative ban on advertising strong alcoholic products;

The duration of the procedure for the adoption of new legislation and the resulting backlog of legal regulation from the actual advertising practice (the issue of adoption new edition The law on advertising was put in Russia in the summer of 2003, the discussion of the draft law lasted almost three years).

The impossibility at the legislative level to regulate all the necessary and constantly changing aspects of advertising (the current legislation of Russia did not regulate the advertising of shares and financial services, which led to mass deception of the population in the mid-90s of the twentieth century; now it is necessary to strictly regulate advertising with using email, mobile phones stimulating measures, but until 2006 there were no relevant norms in the law).

In connection with the stated shortcomings of state regulation, the self-regulation system shows clear advantages:

Speed, flexibility, efficiency of regulation;

Low costs;

Relevance and low formalization of the applied rules;

Influence on aspects of advertising activity not regulated by the state (language, taste, ethics);

Thus, the system of self-regulation in various sectors of the economy is designed to become an essential element of business regulation and replace inefficient state regulation mechanisms. Self-regulation is capable of solving problems not only of effective non-state regulation, but also of improving legislation, promoting the development of the economy and ensuring the interests of all market entities, including consumers.

9.2. General principles

According to the EASA Guidelines for Self-Regulation, “properly organized and well-managed self-regulatory systems offer fast, flexible, inexpensive and effective ways pressure from a responsible majority in the advertising industry to contain and restrain an irresponsible minority, as well as rogue con artists whose actions could damage advertising's reputation in the public eye.

The most important principle of self-regulation is its relevance, since the need for influence is dictated by the needs of the modern market. Direct participation in self-regulation of the advertising community itself ensures realism established rules.

Self-regulation does not exist in isolation, but in one system with state regulation, interacts and in some cases replaces it. At the same time, self-regulation is within the framework of the law, does not contradict, but complements and specifies the rules established by law and forms the practice of their application.

The subjects of self-regulation are non-profit (also called non-governmental) organizations, whose participants are representatives of the advertising market. It allows you to lift to a high professional level applied methods of influence, act for the future, using the authority and methods of persuasion instead of the inefficient application of legal responsibility.

1) developed ethical standards (general and industry);

2) informing and recognition of the established rules by the majority of subjects of the advertising market;

3) self-regulating independent organizations,

4) consultations in order to prevent violations;

5) monitoring system;

6) measures of influence on violators.

Additional functions of self-regulatory organizations are the resolution of disputes between the subjects of the advertising market, conducting research, and providing recommendations.

In their activities, self-regulatory organizations adhere to the following principles:

Independence (as government agencies, and from subjects of the advertising industry);

A responsibility;

power functions;

Objectivity;

Availability;

Professionalism;

Stability.

9.3. international experience

In Europe, self-regulation has come a fairly long way of development from the establishment separate rules and prohibitions in the Middle Ages before the creation of a complex system of organs and regulations. At the beginning of the XXI century. this process mainly affects the regulation of the rights and obligations of the subjects of the advertising market. The rules are provided in sufficient detail and in detail, for example, in France, at the level of self-regulation, tobacco advertising on radio and television is prohibited, and the combination of alcohol and sports topics is prohibited.

Within the framework of self-regulation, not only the rules themselves are established, but also measures of responsibility for their violation.

The subject of self-regulation in the field of advertising is, as a rule, the prevention of the negative impact of advertising on its consumers. In particular, the topic of self-regulation comes down mainly to the prohibition of unethical, deliberately false, inaccurate, dishonest, hidden advertising.

Almost every European country has self-regulatory bodies (for example, in the UK - the Advertising Standards Commission, in Germany - the German Press Council).

For example, in the UK, the Advertising Standards Commission enforces own code advertising. This code of ethics includes provisions on decent, reliable, hidden advertising, the rights of individuals not to be used for advertising purposes without their consent. The Commission is responsible for compliance with the norms of the code of advertising in print, cinema, the Internet, etc. This body annually considers more than 10 thousand complaints, on which, if necessary, decides to change or stop the distribution of advertising. The Independent Television Council, the highest body of private broadcasters, under the authority of the government and in cooperation with consumer societies, advertisers and broadcasters, develops its own code of advertising practice, which includes approximately 120 articles. The council releases a monthly report that gets a lot of media coverage and this is considered a form of sanctions. As a result, incorrect advertising messages disappear from TV screens. A similar practice is pursued in its field by the Radio Authority.

A generalization of the practice of self-regulation in Europe was the adoption of the International Code of Advertising Practice of the International Chamber of Commerce. It was adopted in 1937, revised several times, and currently in 17 European countries the latest version of the code, adopted on December 2, 1986, is in force.

The code contains the following key principles:

2) the need to establish a fair balance between interests commercial organizations and consumers;

3) the possibility of using the code by the courts as a reference document within the framework of the current legislation;

5) joint operation of the code with other documents on marketing activities(codes for marketing research, sales promotion activities, direct mail and catalog sales, direct sales);

7) the need to follow not only the letter of the document, but also the spirit;

10) propriety of advertising. Also, no advertising should discredit advertising activities in the eyes of society, abuse consumer confidence and lack of experience or knowledge, support discrimination based on race, religion or gender.

In order to unite the self-regulatory bodies of the European Union, in 1992 the European Advertising Standards Alliance was established in Brussels. The main objectives of this organization are to promote and support self-regulation of advertising in Europe, to coordinate the consideration of cross-border applications, to provide information and research on self-regulation of advertising.

Currently, the alliance includes 27 members from 24 countries. Its main activities include the following:

Assistance and assistance national organizations self-regulation;

Interaction with the European Parliament and the European Commission on the regulation of advertising;

Holding scientific research in the field of advertising;

Creation and dissemination of information materials on self-regulation;

Analysis and settlement of cross-border complaints and disputes;

Ensuring the functioning of the system of cross-border claims (EASA) in order to effectively influence violators in different countries.

In Europe, the following measures of influence on violators of self-regulation rules are widely used:

Unfavorable publicity;

Carrying out a mandatory preliminary check of subsequent advertisements offending organization;

Refusal of mass media from distribution of advertising of the infringer;

Deprivation of commercial privileges;

Appeal to the appropriate government agency.

In the United States of America, the American Advertising Association, established in 1905, occupies a central place in the self-regulation system. This organization upholds the principles of truthfulness and reliability in advertising, and effectively interacts with government regulators. The distinctive features of the North American self-regulatory bodies are their high authority and the spread of action throughout the country through a system of local bureaus. In the rules of self-regulation of advertising in the United States, one can distinguish between a general and a special part. The general part is basic principles uniform throughout the state. A special part is industry acts developed by organizations in various business areas.

An example of the activities of advertising self-regulatory bodies in the United States is the interaction various organizations in order to limit unauthorized electronic mailings of advertising.

The Direct Marketing Association, the Association of National Advertisers, and the American Association of Advertising Agencies signed new rules in 2003 for mailing advertisements to e-mail, also known as spam.

The new standard requires that all e-mails provide the recipient with the option to remove their address from the mailing list. The new rules also provide for the mandatory authenticity of the message sent, the real return address and the physical address of the sender; a ban on hidden mailing or mailing with false addresses; a ban on providing or selling email addresses unless consumers are warned that their address may be sold.

The new rules demonstrate the agreement of marketers and advertising agents to use these requirements in their work. Where online marketing firms previously objected to "anti-spam" legislation, they are now convinced that federal law that establishes a national standard that will prevent conflicts between state laws.

In general, self-regulation of advertising in developed countries has come a long way in development and shows its effectiveness and importance in the system of economic regulation. Advertising self-regulation bodies exist in almost all developed countries, they have authority to influence the subjects of the advertising market.

The world practice of self-regulation shows that the lack of self-regulation leads to unfair commercial behavior, negative public opinion and tightening of state regulation.

Organization of interaction between the 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;

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

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 the voluntary compliance with the developed norms by the subjects participating in the market.

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

According to the charter of the association, the main objectives of its activities are the following:

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 of the rules (standards) of professional activities in the field of advertising and commercial communications into the daily practice of the members of the association and ensuring control over their implementation;

Development, introduction into the daily practice of members of the association of voluntary ethical requirements for advertising and ensuring control over their implementation.

The main activities of the association:

Studying 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 submitting these proposals to bodies with the right of legislative initiative;

Ensuring the interaction of members of the association, the media and advertisers in order to improve the quality level of distributed advertising 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 state authorities, state authorities of the constituent entities of the Russian Federation, local governments;

Participation in the consideration by the antimonopoly authorities of cases initiated on the grounds of violation by members of the association of advertising legislation;

Appeal in court of acts and actions of federal state authorities, state authorities of the constituent entities of the Russian Federation, local authorities that violate the rights and legitimate interests of any member of the association or group of members of the association;

Application of measures of responsibility in relation to its members provided for by the constituent and other documents, including exclusion from members of the association;

Development and adoption of rules (standards) for the professional activity of members of the association (Code of professional activity of AKAR), monitoring their compliance;

Development and adoption of a set of rules of professional ethics for AKAR members (the Code of Ethics of AKAR), 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;

Conducting competitions of professional skills for certain types of advertising and commercial communications;

Creation and organization of the activities of the arbitration court at the association to resolve disputes between members of the association, between members of the association and other organizations;

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;

Development of a system of professional training and retraining of personnel in the field of advertising and commercial communications for members of the association;

Promotion 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, symposiums, exhibitions, competitions and other events in order to realize the achievements of the association members.

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

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

The Code is supplemented by the Code of Practices and Rules for the Business Circulation of Advertising in the Russian Federation, which contains specific examples and precedents of inappropriate advertising. For example, the code recommends refraining from advertising that intensifies (exacerbates) the complexes associated with external unattractiveness, especially teenage ones. An illustration of this provision is the television advertisement of the Klerasil lotion, which showed in an unfavorable light a young man who does not use this drug and is forced to “walk in a helmet”. In accordance with the recommendations of the Public Council, the advertiser voluntarily removed this advertisement from the TV show.

In 2004, the Council established the Public Commission on Ethics and Integrity in Advertising, the main goal of which is to prevent violations of professional ethical standards in the field of advertising.

The characteristics of the Russian system of self-regulation of advertising today are the diversity of existing organizations, the fuzzy delineation of their functions and competences, the focus of their activities primarily on protecting their own interests of advertising market entities, and not advertising consumers.

1) represent the legitimate interests of members of a self-regulatory organization in their relations with federal government bodies, government bodies of 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 self-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 the 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 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.

The most important task of the self-regulation system is effective interaction with state regulatory bodies. This interaction in Russia is manifested in joint work on draft laws, appeals of state bodies to self-regulatory bodies for the purpose of monitoring, control, examination and evaluation of advertising, participation of self-regulatory bodies in resolving disputes.

Questions and tasks

1. List the main goals and objectives of self-regulation.

2. What are the advantages of a system of self-regulation of advertising activities?

3. What are self-regulatory organizations?

5. Name the general principles of self-regulation.

6. What is common and what are the differences between the most important documents self-regulation - the International Code of Advertising Practice and the Russian Advertising Code?

Self-regulation of advertising activities in Russia. Self-regulation of advertising activities Public organization in the field of advertising

9.2. General principles

9.3. international experience

Questions and tasks

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