Russian Federation

[RU] New Rules on Advertising Distribution

IRIS 1995-3:1/15

Aleksei Samokhvalov

Rossiskoye Pravo Information Agency

On 15 December 1994 the State Duma adopted a new federal law "On the Rules of Coverage of the Activity of Institutions of the State Authority in Mass Media". It was signed by the President on 13 January 1995 and entered into force the same day.

Rossiyskaya gazeta on 17 January 1995.

Article 13 of this law states that the TV and radio broadcasting and programs covering the activity of the State institutions may not be interrupted by commercials.

Furthermore, the State Duma of the Federal Assembly approved in the first reading a Federal Bill on advertising which defines advertising and different legal notions relating to it ("advertiser", "producer of advertisements", "distributor of advertisements", "user of advertising"). The Bill also defines "authenticity", "conscientiousness", "decency" in advertising, sets standards for outdoor billboards, advertising on public transportation means, in information services, and for financial, insurance and investment services. Furthermore, it holds provisions for the protection of minors in advertising and provides the instruments for governmental and public control on advertising activities and regulates the liability in case of violations of its provisions.

The latest rules adopted regulating advertising distribution are in the Decree of the President of the Russian Federation "On Guarantees of the Right of Citizens on Health Protection in Advertising Distribution". In it, the President, confirming the requirements of the "Basic Principles of Legislation on Protection of Citizens Health" (adopted in 1993), prohibits distribution by the mass media of advertisements of alcoholic beverages and tobacco products, means of prophylactic treatment and diagnostics, medical drugs, services of healers, psychics, and other products and services that have not been properly tested and have no relevant permits. It is also not permitted to advertise products eligible for compulsory certification but not having received a certificate yet.

The Decree provides for penalties in case of distribution of the banned ads: everything received by media companies or advertisers as a result of such illegal advertising (whether in cash or in kind) will be confiscated by the State to be used in health protection programmes.