FAS FINED CNN 200,000 RUB

CNN exceeded the on-the-air sound level set by the advertising law of the Russian Federation

On 19 August 2019, FAS held administratively liable and imposed a 200,000 RUB fine upon “Terner Information Programs and Lifestyle” Ltd. for exceeding the allowed sound level when broadcasting the logo and some fragments with information about the TV channel.

Earlier FAS registered several incidents during CNN broadcasting when the sound level of fragments with information about the TV channel and its logo had exceeded the sound level of TV programs, interrupted by it, from 1.6 dB to 9.6 dB against the allowed 1.5 dB. Consequently, FAS found that “Terner Information Programs and Lifestyle” Ltd. as an advertising distributor violated the Law on advertising [1].

Background:

Under Part 12 Article 14 of the Law “On advertising”, the sound level of broadcasted advertisements as well as the sound level of messages about further advertising broadcasting should not exceed the average sound level of a TV-program or a TV show. Part 16 Article 14 of the Law “On advertising” spells out that the norms of Part 12 Article 14 of the Law “On advertising” also apply to information about TV-programs broadcasted via the relevant TV channel (announcements), as well as in advertising messages.

According to Part 7 Article 38 of the Law “On advertising”, advertising distributors are liable for violating the norms of Article 14 of the Law “On advertising”.

Part 1 Article 14.3 of the Code of the Russian Federation on Administrative Violations specifies that violations of Part 12 Article 14 of the Federal Law “On advertising” are punished by administrative fines from 100,000 to 500,000 RUB.

In line with Clause 7 of the Ratio Guidelines for sound level of advertisements and TV-programs, the sound level of an advertising block or announcements must not exceed the sound level of a pre- or post-advertising fragment for more than 1.5 dB.

[1] Part 12 Article 14