A case of violation of advertising markings against the largest Kursk public website will be considered in Kursk. The reason for this was 38 statements from a certain citizen, which he sent to the department from March to May of this year. The leadership of the Kursk elite is accused of violating the law “On Advertising” – advertising posters were not marked. For what and what is the threat? A case of an administrative offense is initiated on two grounds: if the material does not contain the “advertisement” mark and information about the advertiser, and also if the advertisement does not have a special identifier – a token. For the first, the FAS of Russia imposes a fine. The fine for individuals varies from 2 thousand to 2.5 thousand rubles, for officials – from 4 thousand to 20 thousand rubles, for legal entities – from 100 thousand to 500 thousand rubles. For the second, Roskomnadzor imposes a fine. The fine varies from 30 thousand to 100 thousand rubles for individuals, from 100 thousand to 200 thousand rubles for officials, from 200 thousand to 500 thousand rubles for legal entities. You can read more about how advertising platforms should comply with the law “On Advertising” and its controversial nuances from our colleagues from Belgorod’s FonarTV. What kind of promotion? In total, about 70 advertising placements are involved in the case. Among the promotional products are the OPTimist and Next Step stores; the Tri okeana fitness club; the Raduga retail chain; the Black Bear bar; the Chasy and Karamel night clubs; the Noch karaoke club; the Gogia, Mussell’s Place and Piratskaya Bukhta restaurants; the Helix Laboratory, the children’s camp named after Tereshkova, Kurskoye Moloko LLC, Dynamo basketball club matches and many other well-known Kursk institutions and companies. It is unknown whether the legal entities listed in the FAS determination will be recognized as advertisers. How did you find the person who posted the ad? The person responsible for posting the ad was identified by asking questions to data operators. VKontakte provided the first and last name specified when registering the pages, phone number, email address and IP address that were used to place each of the advertising links. Mobile operators, in turn, provided information about the owners of the phone numbers, and providers – about the owners of the IP addresses. As a result, two individuals and a certain Sprint LLC, from whose IP address the ad was also posted, were recognized as advertisers. The hearing on the case is scheduled for August 13. This is perhaps the largest brand advertising case in Russia since the new rules were introduced in the fall of 2022. Current practice The first cases of missing brands in online advertising began to be filed last year. In March 2023, a citizen was fined 2,000 rubles for posting a restaurant advertisement on VK without marking it. Another of the first fines was received by the Telegram channel “Fox Rules”. For three cases of missing an identity card, the administration paid a fine of 300 thousand rubles – despite the fact that all other posts on the channel were marked according to the rules. The fine was applied at the lower limit for legal entities: 100 thousand rubles for each of the three positions. The administrator of the Telegram channel “My Nizhny Novgorod” was fined by the FAS 2 thousand rubles for the lack of information about the advertiser and “advertisement” of the brand for 16 posts without marking, and Roskomnadzor 30 thousand rubles for the lack of a token.
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