Update on advertising legislation

The main changes

💡 One of the key changes is the updated definition of advertising, which covers not only paid ads, but any material that promotes goods or services, even if no money has been received for them.

The issue of hidden advertising has been improved. Now, “reviews” or “unpacks” from bloggers also count as advertising, and they must label this content honestly. This is important so that viewers can distinguish advertising from regular content.

Such rules also extend to product placement, in which goods may appear as part of a script. At the same time, such goods as tobacco products or gambling are now prohibited to advertise in general.

That is, now bloggers must mark advertising content, to avoid receiving a fine in the amount of five times the cost of advertising. In that case, if it is impossible to establish the value, then a fine of up to UAH 5,100 is possible.

The new legislative changes also cover advertising that develops through electronic communications. This means that any advertising in Telegram, Viber, WhatsApp messengers, chatbots, as well as virtual and augmented reality advertising must comply with the established norms.

Social advertising must, firstly, comply with the general rules of advertising and, secondly, not mention specific names of persons holding positions, in accordance with the law on prevention of corruption.

Separate provisions are aimed at protecting the interests of consumers, as well as protecting the advertising market of Ukraine from negative influence from the outside, primarily due to unscrupulous practices of advertising distribution in Ukraine by foreign entities that have direct or indirect connections with the aggressor state.

❗️ Consumers get more rights from intrusive and unwanted advertising by prohibiting the sending of spam ads without the consumer’s prior written consent. Illegal calls and messages can be grounds for imposing a fine of up to UAH 51,000.

Conclusion

The improvement of legislation on advertising in Ukraine is aimed at ensuring greater transparency and protection of consumer rights. These changes cover various aspects of advertising activities, including advertising in electronic media, and television, issues related to sending unsolicited messages, regulating the activities of bloggers, limiting the use of product placement, and establishing sanctions.

These changes require advertisers to follow fair approaches and clearly label advertising content.

The main goal of these changes is to create a fairer and more ethical environment for advertising in Ukraine and to comply with modern legislation.