The ninth National Advertising Forum has kicked off and will run until November 14. The Forum's business program traditionally opened with the Summit on Industry Interaction with Government Agencies, where Andrey Lapshov, Chairman of AKOS (Association of Public Relations Consulting Companies), proposed amendments to the Advertising Law initiated by AKAR, AKOS, and RASO. The amendments are aimed at separating the concepts of "information materials" and "reference materials" in advertising legislation.
The topic of this year's Summit on Industry Interaction with Government Agencies: Industry Regulation. The Current Situation: Myths and Reality.
Key topics for discussion included:
AKOS Chairman Andrey Lapshov, on behalf of the professional communications community, proposed amendments to the Law "On Advertising."
"Currently, the communications industry, media, and the media are constantly faced with the lack of a reference to the term 'information material' in Russian legislation, which is actively used by regulators in their clarifications of what constitutes advertising and requires labeling, and what does not," noted Andrey Lapshov. "We propose establishing 'reference materials' and 'information materials' as separate categories. This is consistent with common practice and will close the legal gap between the law and regulatory clarifications that contrast certain 'information materials' with advertising."
The topic of this year's Summit on Industry Interaction with Government Agencies: Industry Regulation. The Current Situation: Myths and Reality.
Key topics for discussion included:
- Development strategy and legal framework for the creative economy;
- Legislative initiatives, self-regulation, and changes to tax legislation;
- Support for Russian brands: marketing and creative work for exported goods and services;
- Transparency and openness of tender procedures;
- Economic statistics for the industry;
- Educational issues and development plans for the Council for Professional Qualifications in the Communications Industries.
AKOS Chairman Andrey Lapshov, on behalf of the professional communications community, proposed amendments to the Law "On Advertising."
"Currently, the communications industry, media, and the media are constantly faced with the lack of a reference to the term 'information material' in Russian legislation, which is actively used by regulators in their clarifications of what constitutes advertising and requires labeling, and what does not," noted Andrey Lapshov. "We propose establishing 'reference materials' and 'information materials' as separate categories. This is consistent with common practice and will close the legal gap between the law and regulatory clarifications that contrast certain 'information materials' with advertising."
Andrey Lapshov emphasized that, in their daily practice, representatives of the communications industry often rely on regulatory clarifications regarding the parameters of materials labeled as advertising. Specifically, they rely on Order No. 821/23 of the Federal Antimonopoly Service of Russia dated November 14, 2023, "On Approval of Guidelines for Compliance with Mandatory Requirements 'The Concept of Advertising,'" where Section 9 is titled "Distinction between Advertising and Information Materials." A logical next step for legislators is to clarify Clause 3, Part 2, Article 2 of the Federal Law "On Advertising" in this regard.
Furthermore, the communications community proposes expanding the list of analytical materials not related to advertising, supplementing the current list of "domestic and foreign market reviews, results of scientific research and testing" with "public opinion polls" and "sociological studies." This will resolve potential disputes regarding the legal status of publications based on the results of research activities.
Thus, it was proposed to amend paragraph 3 of Part 2 of the Federal Law of March 13, 2006, No. 38-FZ “On Advertising” to read as follows: “reference, informational and analytical materials (reviews of domestic and foreign markets, public opinion polls, sociological studies, results of scientific research and testing) that do not have as their main goal the promotion of goods on the market and are not social advertising.”
Furthermore, the communications community proposes expanding the list of analytical materials not related to advertising, supplementing the current list of "domestic and foreign market reviews, results of scientific research and testing" with "public opinion polls" and "sociological studies." This will resolve potential disputes regarding the legal status of publications based on the results of research activities.
Thus, it was proposed to amend paragraph 3 of Part 2 of the Federal Law of March 13, 2006, No. 38-FZ “On Advertising” to read as follows: “reference, informational and analytical materials (reviews of domestic and foreign markets, public opinion polls, sociological studies, results of scientific research and testing) that do not have as their main goal the promotion of goods on the market and are not social advertising.”