Draft law No. 411312-8 on amending Articles 3.5 and 14.3 of the Administrative Offenses Code of the Russian Federation to change liability in the area of advertising has passed its third reading in the State Duma and is now under consideration by the Federation Council.

According to the draft, it is planned to introduce a clarifying composition into the CAO RF and change the penalties for non-compliance with advertising requirements.

  1. For violation of the requirements established by the legislation on advertising for advertising distributed via telecommunication networks, fines are introduced:
  • for citizens from 10,000 to 20,000 RUB;
  • for officials – from 20,000 to 100,000 RUB;
  • for legal entities – from 300,000 to 1 million RUB.

In particular, it concerns those who, without the consent of the subscriber or addressee, distribute advertising by sending sms-messages, by e-mail, through phone calls, including by using automatic dialers and mailings. Recall that advertising is recognized as disseminated without prior consent of the subscriber or addressee, unless the advertiser proves that such consent was obtained. The advertising distributor is obliged to immediately stop distributing advertising to the person who addressed him with such a request (Article 18 of the Federal Law of 13.03.2006 N 38-FZ “On Advertising”).

Prior to the introduction of the amendments, such violations were punishable under the general offence of violating advertising legislation (part 1 of article 14.3 of the Code of Administrative Offenses of the Russian Federation) with fines:

  • for citizens from 2,000 to 2,500 RUB;
  • for officials – from 4,000 to 20,000 RUB;
  • for legal entities – from 100,000 to 500,000 RUB.

2 The penalties for distribution by a credit organization of advertisements for services related to the granting, use and repayment of a credit or loan, containing at least one condition affecting its value, without specifying all other conditions determining the full value of the credit (loan) for the borrower and affecting it, will also change.

New fines:

  • for officials – from 40,000 to 100,000 RUB (now – from 20,000 to 50,000 RUB);
  • for legal entities – from 600,000 to 1 million RUB (now – from 300,000 to 800,000 RUB).

The amendments will come into force 10 days after the date of their publication in the form of a federal law.