Fine for advertising in social networks

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Lawyer, specialist in intellectual property. Specializes in registration and protection of copyrights, inventions, patents, trademarks, as well as development of intellectual property transfer agreements, license agreements.

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Fine for advertising in social networks

Reading time: 4 min.

In today's digital environment, social media advertising is setting new standards for marketing and communication. This important tool has become an indispensable part of modern business, but its use is associated with significant legal challenges. A real problem for businesses and individuals can be a misunderstanding and violation of the legal aspects of advertising in social networks, which can lead to the imposition of fines and other administrative sanctions.

What is considered advertising in Ukraine?

In Ukraine, advertising is defined by legislation and regulated by various regulations. The main sources of legal regulation of advertising in Ukraine are the Law of Ukraine "On Advertising". According to this Law, advertising is considered to be any information message, no matter how it is presented, with the purpose of attracting public attention and stimulating demand for goods, works, services, rights and objects of civil rights.

However, there are advertising restrictions and requirements that govern the content, methods and context of posting. For example, advertising should not contradict the laws of Ukraine, violate moral norms, make false or unreliable statements, violate consumer rights and other norms.

Which product groups cannot be advertised on social networks?

The main groups of goods that are restricted or prohibited in advertising in Ukraine include:

  1. Tobacco. Advertising of tobacco products is prohibited due to the harmful effects on health.
  2. Alcohol. There are restrictions on alcohol advertising, especially as it may affect underage consumers.
  3. Medical preparations. Advertising of medicines and medical preparations is subject to special restrictions and requirements.
  4. Gambling. Gambling advertising may be restricted
    because of the potential risks of attracting people with gambling problems.
  5. Financial schemes. There are certain restrictions on advertising dubious financial schemes, pyramid schemes, fraudulent practices.

 

These are general categories only. It is recommended to check the current legislation and policies of a particular social network before launching an advertising campaign. Our experts can provide detailed information on this issue.

Advertising marking in social networks: regulation and fines

Social media advertising labeling is an important practice for identifying the commercial nature of content and informing users that they are seeing advertising. Different countries have rules and regulations that apply to the labeling of advertisements in digital media, including social media. The situation in Ukraine is as follows:

  1. Mandatory marking. The legislation of Ukraine requires clear labeling of advertising in social networks so that users can easily determine the commercial nature of the content.
  2. Penalties for violations. Penalties may apply for violations of advertising labeling requirements. The amount of fines is equal to five times the cost of such advertising or 300 tax-free minimum incomes of citizens (5100 UAH), if the cost of advertising services cannot be established.

It is important to take into account that not only those publications for which bloggers receive money fall under advertising. Unpacking, reviews, other posts and video materials for which the customer gives the blogger a discount or barter goods are considered advertising.

What to do if you are fined for advertising on social networks?

All of the advice below is general only and it is recommended that you consult a professional lawyer for specific actions based on your individual circumstances.

  • Check the grounds for the fine. Read the decision or notice that states the reasons and grounds for the fine. It is important to understand exactly how the rules were broken.
  • Consult a lawyer. Consult a legal professional or attorney who specializes in advertiser rights and digital media. They will be able to provide specific advice for your situation.
  • Appeal. If you think the fine is unfair, consider filing an appeal or contesting the decision. In some cases, there may be a possibility of agreement or reduction of sanctions.
  • Compliance. Take steps to correct any deficiencies or violations to avoid further problems and fines in the future.
  • Documentation. Keep all documents and communications related to your advertising activities, as this may be useful in resolving disputes.

 

Again, this is general advice and it's important to get specific advice from a legal professional. Our lawyer will help you understand the specific rules and regulations that apply to your advertising activities in social networks in Ukraine.

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