EXPLANATIONS OF FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION

of June 14, 2012

About procedure for application of article 18 of the Federal law "About Advertising"

According to part 1 of article 18 of the Federal law "About Advertising" distribution of advertizing on networks of telecommunication, including by means of use of telephone, fax, mobile radiotelephone communication, is allowed only on condition of prior consent of the subscriber or the addressee to receipt of advertizing. At the same time advertizing is recognized the subscriber extended without prior consent or the addressee if the advertizing distributor does not prove that such consent was received. The advertizing distributor shall stop immediately distribution of advertizing to person who addressed it with such requirement.

According to Item 1 of article 3 of the Federal law "About Advertising" advertizing is the information distributed in any manner, in any form and with use of any means, addressed to the indefinite group of people and directed to drawing attention to subject of advertizing, forming or maintenance of interest in it and its market promotion.

In this regulation the indefinite group of people is understood as those persons which cannot be in advance determined as the receiver of the ad info and the specific party of the legal relationship arising concerning realization of subject of advertizing.

Thus, advertizing is understood as the certain not personified information directed to promotion of certain subject of advertizing even if it goes according to certain address list.

The responsibility for violation of part 1 of article 18 of the Federal law "About Advertising" is conferred on the advertizing distributor.

According to Item 7 of article 3 of the Federal law "About Advertising" the advertizing distributor is the person performing advertizing distribution in any manner in any form and with use of any means.

At the same time taking into account the facts of the case as the advertizing distributor person which is the telecom operator, especially in case of provision by it to the other person of the "short number" intended for simultaneous mass sending sms to wide range of persons can be acknowledged.

In that case the instruction about the termination of violation of the law about advertizing can be issued to the telecom operator as the advertizing distributor it controlled availability of consent to receipt of advertizing of those persons to which his partner plans to send sms from the this "short number".

For the purpose of establishment of the advertizing distributor and clarification of all circumstances by antimonopoly authority the inquiry to the telecom operator from which telephone number mailing of sms was performed can be sent, with request to provide information, including on person extending advertizing in network of the telecom operator.

However we pay your attention that in case of refusal the telecom operator to provide to antimonopoly authority such information for the reason that telephone number belongs to physical person, based on the regulations of the Federal Law "About Personal Data", and also the Federal Law "About Communication" guaranteeing personal privacy, to personal and family secret, antimonopoly authority it is not given authority on compulsion of the telecom operator to provision of this information.

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