| Abstract [eng] |
The need for regulation of the misleading advertising rose in the XVth century, as a result of German invention of the printing press. This invention determined growing amounts of adverts, and misleading adverts as well. Since traders became more creative and screwed consumers more mistrustful, the regulation became quite strict and detailed. As it is impossible to create an exhaustive list of falseness, Advertising Law (implementing directives of the EU), set a list of general conditions needed to identify misleading advertising. First, the questionable information must be regarded as an advert, to wit it should be created to motivate buying certain items or using services, and usually advertiser repays in some way for distributing it. Price for distributing highly depends on the way of propagations, which is why advertisers choose to mislead consumers via the most expensive media – television and press, risking and hoping to have more profit than expenses. The second condition is misleading nature of the advert. Falseness may be evaluated according to three criterions – correctness, thoroughness and the way of presentation. Correctness is comprehended as the ability to prove statements made in the advert. Thoroughness means giving the most important information for customers. The way of presentation forbids creating an impression of correct and thorough information, as it actually is not. Misleading comparative advertising creates false impression about the reputation of competitor or his products and hidden advertising – about the aim of information. The last condition is the possibility of the advert to affect the economical conduct of the consumer. Average consumer is reasonably well informed and reasonably observant and circumspect. The control of misleading advertising is held by Counsel of Competition, National counsel of protection of consumers’ rights and self-regulation system, founded in 2005. |
