LAW OF THE REPUBLIC OF MOLDOVA

of March 17, 2022 No. 62

About advertizing

This law:

- shifts the Directive of the European parliament and Council 2006/114/EU of December 12, 2006 about the misleading and comparative advertizing (the codified version) (the text concerning EEP), published in the Official magazine of the European Union by L 376 of December 27, 2006, CELEX: 32006L0114;

- partially shifts (Items 18 and 19 of Article 2 and Article 25) Regulations of the European parliament and Council (EU) 2024/1083 of April 11, 2024 about establishment of general rules for media services in the domestic market and about modification of the Directive 2010/13/EU (The European regulations about freedom of mass media) (the text concerning EEP), published in the Official magazine of the European Union by L 2024/1083 of April 17, 2024, CELEX: 32024R1083.

Chapter I General provisions

Article 1. Law purpose

The purpose of this law is the organization and development of the national market of advertizing based on the international principles and the advanced practice in this area, including the principles of fair competition and consumer protection of advertizing.

Article 2. Subject and sphere of regulation

(1) the Subject of this law is regulation of the relations arising between advertisers, advertisement producers, advertizing distributors, advertizing distributors and consumers of advertizing.

(2) the physical persons and legal entities performing activities in the field of advertizing in the territory of the Republic of Moldova or directing the activities to the Republic of Moldova or several states including the Republic of Moldova, according to provisions of article 3 of the Law on electronic trading No. 284/2004 fall Under operation of this law.

(3) This law is not applied to:

1) information which distribution is obligatory according to the legislation, including:

a) information on product, her producer, the importer or the exporter printed on the corresponding product or on its packaging;

b) to any element of design of product printed on the corresponding product or on its packaging and not connected with other products;

2) analytical and/or statistical information from mass media, from scientific or specialized publications;

3) to the route signs and boards which are not containing advertizing;

4) to the announcements and advertizing filmlets extended by mass media for the purpose of self-promotion.

Article 3. Value of the used concepts

The concepts used in this law have the following value:

the code of behavior in the field of advertizing - the agreement or the set of rules in the field of advertizing, the businessmen who are not assigned by the legislation or administrative orders, determining behavior undertaking to observe them in connection with one or several types of business activity in one or several sectors of activities;

the businessman - any physical person or legal entity performing business, industrial (production), craft activity or practicing liberal profession, and also any person acting for commercial purposes on behalf or for the benefit of the businessman including commercial society and the individual entrepreneur;

the consumer of advertizing - person of whom interest in advertizing subject is attracted;

identification data in advertizing:

a) in case of physical person - surname and name;

b) in case of the legal entity - the full or abbreviated name established by the constituent document and registered as appropriate;

advertizing confutation - overthrow of the advertizing containing false information;

the advertizing distributor - any person, including mass media, extending advertizing to consumers of advertizing;

the stationary advertizing device - the part of city furniture representing the stationary design built in public places, serving as support of the advertizing image in outdoor advertizing;

the moved advertizing device - the elements of the moved decor which are easily dismantled and placed in public places, intended on circumstances for internal or outdoor advertizing;

the advertizing distributor - person distributing advertizing to advertizing distributors for the benefit of the advertiser;

subject of the public sector:

a) any body of the public power, including from the autonomous territorial entity with special status;

b) any public organization, the state or municipal company, commercial society with fully or partially state authorized capital or the legal entity of private law which activities are fully or partially financed from the government and/or local budget and pursuing the aim which is of public interest;

sign - the text located on the building in which the businessman performs the activities, or in the adjacent to the building specially equipped place which subject are the name, the trademark, logo/emblem, the working schedule and/or types of activity of the corresponding businessman and as necessary elements of art/architectural design and registration;

the advertiser - person determining advertizing subject;

the advertizing image in outdoor advertizing - the changing advertizing which is printed/displayed on the advertizing device reproduced on the electronic screen and/or projected on different surfaces by means of optical systems;

the directing advertizing index - the text, form or the image specifying the direction or proximity of object or the building in which certain activities are performed;

the message which is of public interest - the public announcement or campaign for informing which subject is promotion of values, the ideas and/or the purposes of social or communitarian significance, extended/carried out for the purpose of increase in degree of awareness, change of the relation and social behavior, prevention of social defects and counteraction by him;

the notification on installation of the advertizing device (notification) – declaration of will of the applicant by means of which to authorized body the notification on conditions of installation of the advertizing device, the areas of the advertizing carrier for calculation and payment of local charges, about observance under the responsibility of the conditions of installation of the advertizing device and contents of promotional materials established by the law, and also about acceptance goes to itself certain rights and obligations;

advertizing subject - physical persons and/or legal entities, material and/or non-material property, services (work), value and/or the purpose of social or communitarian significance, the idea, initiative, campaign, event and/or means of their individualization;

the passport of the advertizing device – the document containing the scheme of placement and other information on the advertizing device and being the basis for the notification on installation of the advertizing device;

the extra elective period - period of time from which the selective period, the stipulated in Article 1 Code about elections is excluded;

the advertisement producer - person fully or partially giving to advertizing the final shape necessary for distribution;

product - any the goods and/or service (work) intended for consumption or use including real estate, the electric power delivered for consumption, heat energy, gas and water, and also the related rights and obligations;

advertizing - the information distributed in any manner with use of any means, addressed to uncertain number of persons for the purpose of creation and/or support of public interest in advertizing subject;

immoral advertizing - the advertizing breaking commonly accepted in the society of moral standard;

audiovisual advertizing - the advertizing and other forms of commercial audiovisual communication broadcast by linear and/or nonlinear audiovisual media services;

commercial - advertizing which subject are one or several businessmen and/or its means of individualization, one or several products and/or its means of individualization, and also event/action (start of products and so forth);

comparative advertizing - advertizing, obviously or implicitly identifying the competitor of the businessman or one or several products offered by the competitor;

the state advertizing - placement, promotion, publication or distribution by means of any media service or online platform of the advertizing message or the message on self-promotion or the public announcement or information campaign, as a rule, for a fee or for remuneration by the subject of the public sector, in its advantage or of his name;

discrimination advertizing - advertizing which subject are any distinction, exception, restriction either preference in human rights and freedoms or groups of persons, and also support of the discrimination behavior based on the actual or expected criteria of person or group of persons concerning race, nationality, profession, origin or social category, age, sex, language, religious, philosophical, political and other beliefs;

outdoor advertizing (outdoor) - the advertizing extended by means of the advertizing devices located in public places out of buildings, and seen outside buildings. It includes also the advertizing extended by means of the advertizing devices located in vehicles;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info