In MART explained the distribution of responsibility for unfair advertising bloggers

Inna Gavrilchik, Head of the Consumer Protection and Advertising Control Department of the Ministry of Antimonopoly Regulation and Trade, told how responsibility for unfair advertising is distributed among bloggers. Belta writes about it.

Inna Gavrilchik stressed that the key factor in determining the culprit is the content of the technical specification and the initial data provided by the advertiser.

If a blogger commits infringement on his own initiative – for example, adding comparisons with competitors, using incorrect expressions or distorting information to attract the attention of the audience – he is responsible. In such cases, it is considered that the distributor of the advertisement showed amateur activity that goes beyond the agreed content.

However, if the violation is contained in the information provided by the customer, the blame falls on the advertiser. For example, a company claims that its product is the cheapest on the market. The blogger, based on the principle of good faith and the information received, broadcasts this statement to his audience. If later it turns out that this statement is not true or has no documentary evidence, the advertiser is responsible, since it was he who provided false information, Inna Gavrilchik explained.

If the blogger is not guilty, but the advertising is considered improper, he may be issued an order to stop its distribution. To minimize risks, both parties are advised to carefully record the terms of cooperation. Despite the fact that not all market participants conclude full-fledged contracts with detailed technical tasks, correspondence in messengers and e-mail are of legal importance.

“I recommend that both bloggers and advertisers keep the entire history of approvals in case something trouble happens,” said the head of the department of consumer protection and advertising control.