VIOLATION OF ADVERTISING LEGISLATION

Today, an advertising campaign helps start-up entrepreneurs to declare themselves, and big business to stay relevant. According to statistics, about 60% of users search for information about goods and services on the Internet. It is clear that these are potential buyers of your goods or services and the main task is to convey information about your company to the target audience.

At the same time, advertising placed on the Internet, social networks, broadcast on television, published in the press, mass media, displayed on billboards, etc., must meet the requirements of the law of Ukraine. Regardless of the type of product and the place of advertising, all standards are regulated by the Law of Ukraine "On Advertising" dated July 3, 1996 № 270/96-ВР. Before creating an ad, you should first deal with the list of requirements and prohibitions established by legislation for advertising activities.

In general, in Art. 8 of the "Law on Advertising" states that the following are prohibited in advertising:

• to disseminate information about goods, the production, circulation or import of which is prohibited by law into the customs territory of Ukraine. This applies to all illegal products in Ukraine;
• include statements in advertising that are discriminatory;
• use means and technologies that act on the subconscious of advertising consumers;
• advertise goods that are subject to mandatory certification without the appropriate permission or license. For example, such goods include alcohol, weapons, and gambling;
• imitate or copy text, images, music or sound effects used in advertising of other products.

This is just a small list of requirements that your ad must meet.

In addition, there are other established requirements regarding the volume of advertising and its placement.

It is also necessary to remember about copyright, there are also restrictions on the use of someone else's intellectual property in advertising.

Certain product groups and advertising techniques have special restrictions and regulations. They relate to the nature, time and place of advertising placement and features of advertising techniques. In particular, this applies to alcoholic beverages and tobacco products, medicinal products, and the use of children in advertising.

Both the advertiser and the advertisement producer bear disciplinary, civil, administrative and criminal responsibility for violation of advertising legislation.

Control over advertising in Ukraine (except for job advertisements) is carried out by the State Production and Consumer Service of Ukraine and its territorial bodies. The State Production and Consumer Service has the right to request documents, explanations, video and audio recordings, as well as other information, if it sees a violation of the law in your advertisement.

Decisions in cases of violation of advertising legislation can be appealed to the district administrative court.