FAS CLARIFIED WHAT INFORMATION IS RECOGNIZED AS ADVERTISING

Particularly, FAS Russia drew attention to information which is recognized as seamless integration and is not considered as advertising

The explanations were prepared following the results of the first workshop of representatives of FAS Russia, Roskomnadzor, Association of Bloggers and Agencies, Association of Communication Agencies of Russia and Association for the Development of Interactive Advertising on the application of Article 18.1 of the Law on Advertising [1].

FAS Russia notes that the advertising does not include reference information and analytical materials: reviews of domestic and foreign markets, results of scientific research and testing.

In particular, information about goods and services posted on the official website, pages or social networks of their manufacturer or seller is not deemed to be advertising. In addition, a review of several products from different manufacturers in video or blogger's post does not apply to advertising if its main purpose is not to promote the product in the market [2].

However, if special attention is paid to a particular product, excessive and positively emotionally colored information is given about it, there are calls to purchase goods with store addresses, such content can be recognized as advertising, in this case the norms of the Article 18.1 of the Law on Advertising are applied to it.

The so-called organic integration is not recognized as advertising [3]. It comes to the mentioning of the product, the means of its individualization, the manufacturer or seller of the product, which are organically integrated into scientific or literary works, as well as works of art, if they themselves are not information of an advertising nature [4].

Examples of organic integration are the mention of new cosmetics in videos or posts by beauty bloggers, as well as the usual (organic) use and use of goods by bloggers for their intended purpose, for example, food, clothing, dishes in videos.

At the same time, there is a condition under which integration is no longer organic and can be recognized as advertising, and, accordingly, fall under the provisions of Article 18.1 of the Law on Advertising. We are talking about the case when attention is focused on the product in the video, including by describing its characteristics, properties or expressing a positive attitude of the blogger to it.

FAS Russia also draws attention to the fact that if an advertisement is posted on the Internet before September 1, 2022 and contractual obligations for its placement are fulfilled before that date, then the provisions of the Article 18.1 of the Law on Advertising do not apply to it.

 

[1] Entered into force on September 1, 2022

[2] In accordance with Article 3 of the Law on Advertising: advertising is information distributed in any way, in any form and using any means, addressed to an indefinite number of persons and aimed at attracting attention to the object of advertising, forming or maintaining interest in it and its promotion on the market.

[3] According to FAS Russia, information about a product or a person that is an integral part of the overall plot of the work (its separate part) and acts as an additional characteristic of the hero or created situation can be recognized as organically integrated into a particular work, including a video clip or a blogger's post. At the same time, such goods or organizations are not presented in the form when attention is focused on them, on their merits and other characteristics, they do not replace the main characters in the work (its separate part), do not violate the plot and cannot be removed from it without prejudice to the holistic perception of the work.

[4] Paragraph 9 of Part 2 of Article 2 of the Federal Law "On Advertising"