What can not be advertised on the Internet

Total advertising ban

At the end of 2017, the following cannot be advertised in Russia:

Goods prohibited in the Russian Federation

Goods, production and/or sale of which are prohibited by the legislation of the Russian Federation (Article 7 of the Federal Law "On Advertising"). For example: counterfeit goods; registration services at the place of residence; diplomas; sick leave; state awards (Article 324 of the Criminal Code of the Russian Federation). Counterfeiting, production or sale of forged documents, stamps, seals, forms is prohibited (Article 327 of the Criminal Code of the Russian Federation).

The manufacture, distribution, offer for sale or other use of goods that lead to a violation of the exclusive right to the results of intellectual activity or means of individualization is prohibited.

The results of intellectual activity include (Article 1225 of the Civil Code of the Russian Federation):

• works of science, literature and art, including musical works, audiovisual works (films, music videos, phonograms, etc.);

• programs for electronic computers (programs for computers);

• databases;

• phonograms.

A citizen or legal entity having an exclusive right to the result of intellectual activity (copyright holder) may use such result at its discretion in any way that does not contradict the law (Article 1270 of the Civil Code of the Russian Federation), including allowing or prohibiting other persons to use the result of intellectual activity.

Other persons cannot use the corresponding result of intellectual activity or means of individualization without the consent of the copyright holder (Article 1229 of the Civil Code of the Russian Federation).

Before the start of advertising (the object of advertising of which is the result of intellectual activity), the advertising platform has the right to request a document (copy) from the advertiser confirming the right to use the corresponding (advertised) result of intellectual activity.

This rule, among other things, applies to advertising of services (sites), the main content of which is the results of intellectual activity (music, computer programs, etc.).

In the case where the manufacture, distribution or other use, as well as the import, transportation or storage of material carriers in which the result of intellectual activity or the means of individualization is expressed, violates the exclusive right to such result or such means, such material carriers are considered counterfeit. In particular, copies of original goods (watches, clothes, etc.) can be attributed to counterfeit goods.

Means of individualization include (Article 1225 of the Civil Code of the Russian Federation):

• trademarks and service marks;

• brand names;

• commercial designations.

Read more: Articles 1225; 1229; 1252; 1259; 1270 Civil Code of the Russian Federation (Part IV).

Drugs

Narcotic substances, psychotropic substances and their precursors;

Explosives

Explosives and materials, except for pyrotechnic products^[1];

Goods and services not licensed or certified

goods and services subject to certification/licensing, in the absence of the necessary certificates/licenses (Article 7 of the Federal Law "On Advertising"). Copies of Certificates or Licenses must be submitted to the placement service before the start of advertising (Article 13 of the Federal Law "On Advertising").

Remote sale of prohibited goods

It is not allowed to advertise sales by remote means of goods, the free sale of which is prohibited or limited by the legislation of the Russian Federation (clause 5 of the Decree of the Government of the Russian Federation of 27.09.2007 No. 612 "Rules for the sale of goods by remote method"; Article 7 of the Federal Law "On Advertising")

The list of goods whose free sale is prohibited is established by Decree of the President of the Russian Federation of 22.02.1992 No. 179 "List of types of products and production waste, the free sale of which is prohibited."

These products include, but are not limited to:

• Precious and rare earth metals and their products;

• Gems and items made of them;

• X-ray equipment, instruments and equipment using radioactive substances and isotopes;

• Poisons, narcotic drugs and psychotropic substances;

• Ethyl alcohol;

• Medicinal products, except medicinal herbs;

• Medicinal raw materials obtained from reindeer herding (antlers and endocrine raw materials) (introduced by order of the President of the Russian Federation dated 30.11.1992 No. 743-rp).

More details: Article 7 of the Federal Law "On Advertising"; Decree of the Government of the Russian Federation of 27.09.2007; Decree of the President of the Russian Federation of 22.02.1992 No. 179.

Tobacco products and accessories

Tobacco products and smoking accessories, including pipes, hookahs, cigarette paper, lighters (paragraph 8 of article 7 of the Federal Law "On Advertising").

Abortion Medical Services

Abortion medical services.

You cannot advertise on the Internet

Weapon

The list of places in which weapons advertising is allowed is contained in Article 26 of the Federal Law "On Advertising." The Internet is not listed in the list of places where such advertising can be placed. Read more: Article 26 of the Federal Law "On Advertising."

Gambling

Risk-based games and bets, as well as their organizers. The list of places in which advertising of risk-based games and bets, as well as their organizers, is allowed is contained in Article 27 of the Federal Law "On Advertising." The Internet is not listed in the list of places where such advertising can be placed. The requirements of this article of the law apply to advertising of the organizer of risk-based games, betting, which is a gambling establishment, and their venues. Read more: Article 27 of the Federal Law "On Advertising."

At the end of 2017, the legislator is following the path of tightening the responsibility of organizers of gambling on the Internet and improving the system of blocking sites providing such services.

Responsibility for advertising of prohibited objects is assigned, including to the advertising platform as an advertising distributor, sanctions - an administrative fine of 100-500 thousand rubles.

Alcohol

In accordance with Art. 21 of the Federal Law "On Advertising" advertising of alcoholic beverages should not be placed in the information and telecommunication network "Internet."

In May 2022, Rosalkogolregulirovanie approved the criteria for prohibited information about alcohol published on the Internet:

• availability of a proposal on the delivery of ethyl alcohol, alcoholic products, alcohol-containing products or on the choice of the method, means, place of delivery of ethyl alcohol, alcoholic products, alcohol-containing products to the consumer;

• possibility to purchase ethyl alcohol, alcoholic products, alcohol-containing products through its prepayment or online using electronic means of payment.

Can be advertised with special requirements

Lotteries

Lotteries and incentive activities. The requirements for the content of advertising materials used for advertising lotteries and incentive events are established by Articles 9 and 27 of the Federal Law "On Advertising." The lottery is carried out by the lottery operator on the basis of the order of the Government of the Russian Federation to conduct this lottery and the corresponding contract for its conduct with the lottery organizer (Federal Law "On Lotteries" dated 11.11.2003 No. 138). Copies of the order of the Government of the Russian Federation and the contract must be submitted to the placement service before the start of advertising. For lotteries registered before 30.12.2013, it is necessary to provide a lottery permit issued by an authorized body (FTS). Read more: Article 9 and Article 27 of the Federal Law "On Advertising."

Medicines and Medical Supplies

Requirements for the content of advertising of medicines and medical products are established by Article 24 of the Federal Law "On Advertising." Medicinal products may be advertised on the territory of the Russian Federation if they are registered by the relevant authorized federal executive body (Article 13 of the Federal Law of 12.04.2010 No. 61 "On Circulation of Medicinal Products"). Read more: Article 24 of the Federal Law "On Advertising."

Medical services

Medical activities are subject to mandatory licensing (paragraph 46 of Part 1 of Article 12 of the Federal Law of 04.05.2011 No. 99 "On Licensing Certain Types of Activities," Decree of the Government of the Russian Federation of 16.04.2012 No. 291 "On Licensing Medical Activities (with the exception of this activity carried out by medical organizations and other organizations that are part of the private health care system, on the territory of the Skolkovo Innovation Center)"). A copy of the license must be submitted to the placement service before the start of advertising (Article 13 of the Federal Law "On Advertising").

Dietary supplements

The requirements for the content of advertising materials used for advertising dietary supplements are established by Article 25 of the Federal Law "On Advertising." Biologically active additives must undergo the state registration procedure (Federal Law of 02.01.2000 No. 29 "On the Quality and Safety of Food Products"). Certificates of state registration for biologically active food additives issued before 15.08.2003 are valid until their expiration (paragraph 3 of the Resolution of the Chief State Sanitary Doctor of the Russian Federation of 15.08.2003 No. 146 "On Sanitary and Epidemiological Examination of Biologically Active Additives"). Advertising of dietary supplements without a certificate of state registration (Article 7 of the Federal Law "On Advertising") is not allowed. Read more: Article 25 of the Federal Law "On Advertising."

Baby food

The requirements for the content of advertising materials used for advertising baby food are established by Article 25 of the Federal Law "On Advertising." Children's nutrition is subject to mandatory certification according to paragraph 2 of the List of food products, materials and products, cosmetic products, oral hygiene products and products subject to state registration (Annex to the Regulation on State Registration of New Food Products, Materials and Products and Maintenance of the State Register of Food Products, Materials and Products Authorized for Manufacture on the Territory of the Russian Federation or Import into the Territory of the Russian Federation and Circulation, approved by Decree of the Government of the Russian Federation of 21.12.2000 No. 988). Advertising of baby food products without a certificate of state registration is not allowed (Article 7 of the Federal Law "On Advertising"). Read more: Article 25 of the Federal Law "On Advertising."

Financial services

Article 28 of the Federal Law "On Advertising" requires the content of advertising materials for advertising financial services, including:

• Insurance services;

• Banking services;

• Services for the provision of consumer loans (loans);

• Services in the securities market;

• Services under the lease agreement;

• Services rendered by financial institutions related to attraction and/or placement of funds of legal entities and individuals;

• Management, including trust management, of assets (including securities, investment reserves of joint stock investment funds, mutual investment funds, pension reserves of non-state pension funds, pension savings funds, mortgage coverage, savings for housing for military personnel);

• Raising funds in shared construction.

Banking operations are subject to licensing in accordance with FZ dated 02.12.1990. No. 395-1 "On Banks and Banking Activities."

Insurance (with the exception of reinsurance and other cases provided for by federal laws) of the interests of legal entities, as well as individuals - residents of the Russian Federation can be carried out only by insurers with licenses obtained in accordance with the established procedure (Law of the Russian Federation of 27.11.1192 No. 4015-1 "On the organization of insurance business in the Russian Federation").

Activities of professional securities market participants (brokerage activities; dealership; securities management activities; depository activities; activities on maintaining a register of securities owners; subject to licensing in accordance with FZ dated 22.04.1996. No. 39-FZ "On the Securities Market."

The activities of joint-stock investment funds, non-state pension funds, investment fund management activities, unit investment funds are subject to licensing in accordance with Federal Law "On Investment Funds" dated 29.11.2001 No. 156 and Federal Law "On Non-State Pension Funds" dated 07.05.1998 No. 75.

Advertising of the above types of activities is not allowed in the absence of an appropriate license from the advertiser, except for leasing activities (Article 7 of the Federal Law "On Advertising").

In accordance with Art. 4 of the Federal Law of 21.12.2013 No. 353 "On Consumer Credit (Loan)," professional activities for the provision of consumer loans are carried out by credit institutions, as well as non-bank financial organizations in cases defined by federal laws on their activities. Read more: Article 28 of the Federal Law "On Advertising."

Securities

The requirements for the content of advertising materials used for advertising securities are established by Article 29 of the Federal Law "On Advertising."

Goods when selling them remotely

The sale of goods by remote means is recognized as the sale of goods under a retail sale agreement concluded on the basis of familiarization of the buyer with the description of the goods proposed by the seller, contained in catalogs, prospectuses, booklets or presented in photographs or by means of communication, or other methods that exclude the possibility of direct familiarization of the buyer with the goods or sample goods when concluding such an agreement (Clause 2 of the Rules for the Sale of Goods by Remote Method, approved by Decree of the Government of the Russian Federation of 27.07.2007 No. 612)

The content of advertising materials used to advertise goods when selling remotely is regulated by Article 8 of the Federal Law "On Advertising."

If you advertise goods sold remotely, you must indicate in the advertisement information about the seller of such goods: the name, location and state registration number of the record on the creation of a legal entity; surname, first name, patronymic, the main state registration number of the record of state registration of an individual as an individual entrepreneur.

Note: Please note that it is not allowed to distribute (sell) goods by remote means, the free sale of which is prohibited or limited by law. Read more: Article 8 of the Federal Law "On Advertising"

Information products to be classified

Advertising of information products intended for circulation in the Russian Federation (media products, print products, audiovisual products on all types of media, programs for electronic computers (computer programs) and databases, as well as information disseminated through entertainment events, through information and telecommunication networks, including the Internet, and mobile radiotelephone networks)subject to classification in accordance with the requirements of FZ dated December 29, 2010 N 436-FZ is allowed only if the category of these information products is indicated (part 10.1 of article 5 of the FZ "On Advertising"). The Advertiser is obliged to comply with these requirements and is responsible for correctly defining the category of the above products, if such products are the subject of advertising, as well as indicating the corresponding category of advertising products in such advertising.

Advertising of information products (IP) should be accompanied by the corresponding category of IP:

• IP category for children under the age of six - in the form of "0 +";

• IP category for children who have reached the age of six years - in the form of "6 +" and (or) text warning in the form of the phrase "for children over six years old";

• IP category for children who have reached the age of twelve years - in the form of the digit "12 +" and (or) text warning in the form of the phrase "for children over 12 years old";

• IP category for children who have reached the age of sixteen years - in the form of "16 +" and (or) text warning in the form of the phrase "for children over 16 years old";

• category of IP prohibited for children - in the form of "18 +" and (or) text warning in the form of the phrase "prohibited for children."

See also

• Online advertising (Russian market)
• Online Advertising (Global Market)
• Video advertising on the Internet (Russian market)
• Advertising (Russian market)
• Online Advertising (US Market)
• Online Advertising (European Market)

Notes