Criteria for Distinguishing Between Advertising and Organic Integration

Abstract

Monitoring and supervision of compliance with advertising legislation, including requirements related to the definition of certain information as advertising, is attributed to the powers of the Federal Antimonopoly Service. The provisions of the current legislation on advertising don't apply to information organically integrated into works of culture, science, and art, which is an opportunity to avoid administrative liability in case of detection of signs of violation of advertising legislation. In this case, the key question becomes when information is considered organically integrated and how to distinguish it from advertising. The authors propose and justify criteria for distinguishing advertising and information messages, taking into account the long-term practice of the FAS of Russia and the courts.