DOI: 10.25136/2409-7136.2021.7.35978

Abstract: The subject of this research is the legal norms aimed at regulation of relations in the sphere of protection of consumer rights with regards to online advertising, including contextual and targeted advertising, as well as other type advertising distributed over telecommunication networks. The object of this research is the social relations arising in the process of creation, placement, and consumer perception of the aforementioned types of advertising. Special attention is given to the theoretical and practical aspects of protecting the basic consumer rights in the context of distribution of the indicated types of advertising, as well as compliance to the corresponding legislative prescriptions by the advertisers, including prohibition to mislead consumers, requirement to distribute advertising over telecommunication networks after receiving advance consent of the consumer, etc. The article provides the examples of court decisions and decisions of the Federal Antimonopoly Service of the Russian Federation on consideration of the this category of cases. The novelty of this research consists in outlining the effective approaches of the courts and the Federal Antimonopoly Service of the Russian Federation applicable to the essence, concept and relevant issues of legal regulation of online advertising in the context of protection of consumer rights, including controversial aspects of qualification of online advertising in accordance with the criteria of misleading or deception, as well as questions on due processing of consumer consent to distribution of advertising over telecommunication networks. The author makes recommendations for the improvement of corresponding norms of the Federal Law “On Advertising” and the Federal Law “On The Protection of Competition”, namely to stipulate on the legislative level the provisions that qualify advertising as inappropriate if contains potentially misleading or deceptive content, as well as that consent to receive advertising through telecommunication networks should be in a written form and contain the signature of the consumer.

DOI: 10.25136/2409-7136.2020.8.33902

Abstract: The subject of this research is the legal norms aimed at legal regulation of relations in the field of contextual advertising on the Internet. The object of this research is the public relations emerging in the process of creation, placement and consumption of contextual advertising. The author examines such question as the general concept of advertising and its legal definition, as well as essence, characteristics and legal regulation of contextual advertising. Special attention is given to protection of exclusive rights with regards to means of individualization in the process of arrangement of contextual advertising using the keywords, including trademarks and commercial designations, as well as mechanism for the protection of an infringed right and liability the corresponding infringement. The novelty of this work consists in determination of the existing approaches of courts and the Federal Antimonopoly Service of the Russian Federation applicable to the concept, definition and relevant issues of legal regulation of contextual advertising, including the questions of infringement of exclusive rights for means of individualization in arrangement of contextual advertising, which ultimately resulted in development of original approach towards definition of the concept of “contextual advertising”. The author resumes and concludes on the need for legislative consolidation of legal definition of the concept of “contextual advertising” with an indication of corresponding formulation.

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