From 1 September 2022 a new regulation in the field of advertising has been enacted. Federal Law No. 38-FZ “On Advertising” (“Law on Advertising”) was supplemented by provisions, according to which Internet advertising should be marked and is subject to registration in the Unified Register of Internet Advertising, the operator of which is Roskomnadzor. A more detailed analysis of new rules is carried out in our review.
Since the introduction of amendments to the Law on Advertising, the Federal Antimonopoly Service together with Roskomnadzor has repeatedly held events dedicated to discussing new provisions on the labeling of online advertising, as well as issued explanatory acts. On 21 November 2022, FAS of Russia has published Information, which clarified which data is not considered advertising (for example, which information is recognized as organic integration and is not considered advertising)1.
On 15 May 2023 the State Duma of the Russian Federation has already adopted in the first reading a draft law “On Amendments to the Code of Administrative Offences of the Russian Federation (in terms of clarifying administrative liability for non-compliance with certain requirements for the distribution of advertising on the Internet)” (“Draft”).
This Draft introduces administrative liability of advertisers, advertising distributors and advertising system operators for non-compliance with the requirement to label online advertising.
The Decree of the Government of the Russian Federation dated 30 May 2022 No. 1362-r established the list of information that must be provided to Roskomnadzor. For non-fulfillment of the obligation to provide information from the above list, or providing information in violation of the deadline, as well as providing incomplete, unreliable and irrelevant information, the Draft provides for an administrative fine:
- for citizens – from RUB 10 000 to RUB 30 000;
- for officials – from RUB 30 000 to RUB 100 000;
- for legal entities – from RUB 200 000 to RUB 500 000.
The Draft also establishes administrative liability for the distribution of advertising on the Internet without an identifier assigned by the advertising data operator, or violation of the requirements for its placement in the form of an administrative fine:
- for citizens – from RUB 30 000 to RUB 100 000;
- for officials – from RUB 100 000 to RUB 200 000;
- for legal entities – from RUB 200 000 to RUB 500 000.
In addition, for non-fulfillment by the operator of the obligation to transmit information about Internet advertising to Roskomnadzor, or for the transmission of unreliable, incomplete, irrelevant data, an administrative fine is also provided:
- for officials – from RUB 100 000 to RUB 200 000;
- for legal entities – from RUB 300 000 to RUB 700,000.
These provisions come into force on 1 September 2023.
1 https://fas.gov.ru/news/32269