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The list of prohibited advertising in SMS mailings in Russia
31.05.2014
We inform you about the prohibition of advertising through SMS-mailings of certain types of goods and services. For such mailings, operators impose fines from 100 000 to 500 000 rubles. for 1 SMS-message without proceedings and complaints from the FAS, even with the consent of subscribers.Federal Law "On Advertising"
Article 7. Products whose advertising is not allowed
Advertising is not allowed:1) goods, the production and (or) sale of which is prohibited by the legislation of the Russian Federation;
2) narcotic drugs, psychotropic substances and their precursors, plants containing narcotic drugs or psychotropic substances or their precursors, and their parts containing narcotic drugs or psychotropic substances or their precursors;
3) explosives and materials, with the exception of pyrotechnic products;
4) human organs and (or) tissues as objects of purchase and sale;
5) goods subject to state registration, in the absence of such registration;
6) goods subject to mandatory certification or other mandatory confirmation of compliance with the requirements of technical regulations, in the absence of such certification or confirmation of such compliance;
7) goods for the production and / or sale of which licenses or other special permits are required, in the absence of such permits;
8) tobacco, tobacco products, tobacco products and smoking accessories, including tubes, hookahs, cigarette paper, lighters;
9) medical services for artificial termination of pregnancy.
In addition, advertising of alcohol, in connection with many of the restrictions and requirements of the law and the impossibility in the text of SMS messages follow all the rules in his advertising. Also prohibited advertising weapons, gambling, casino, betting organizers and any games based on risk and excitement.
The following ads are also restricted:
Tsch. 7 art. 24 Federal Law " On Advertising»:
Advertising of medicines, medical services, including methods of prevention, diagnosis, treatment and medical rehabilitation, medical devices should be accompanied by a warning about the presence of contraindications to their use and use, the need to read the instructions for use or get advice from specialists.
Tsch. 8 art. 24 Federal Law " On Advertising»:
Advertising of medicines in forms and dosages, prescription medicines, medical services, including methods of prevention, diagnosis, treatment and medical rehabilitation, as well as medical products for the use of which special training is required, is not allowed except in the venues of medical or pharmaceutical exhibitions, seminars, conferences and other similar events and in specialized printed publications intended for medical and pharmaceutical workers.
Tsch. 1.1 St. 25 Federal Law " On Advertising»:
Advertising of dietary supplements in each case should be accompanied by a warning that the object of advertising is not a drug.
The operator's letter:
Dear partners!
In connection with the frequent cases of distribution of SMS messages containing materials that violate the Federal Law of 13.03.2006 N 38-FZ "On Advertising", as well as messages with ambiguous content, we notify you of the appearance of the "Register of prohibited materials". If you receive a complaint from a subscriber or after the fraud monitoring of OJSC MegaFon detects SMS messages with similar content, you will be fined without the possibility to cancel it by providing the subscriber's consent to receive such SMS messages..
We inform you that if such violations are detected, the most stringent measures will be taken against the aggregator partners, including all the tools of sanctions provided for in the agreement: blocking of alpha names, penalties, suspension/termination of the agreement.
"Register of Prohibited Substances»
In particular, the distribution of information is not allowed.:
• Narcotic drugs, psychotropic substances and their precursors, plants containing narcotic drugs or psychotropic substances or their precursors, and their parts containing narcotic drugs or psychotropic substances or their precursors;
Example: Mix, Salt, Sample Of Bodies: 8800…..40
• Tobacco, tobacco products, tobacco products and smoking accessories, including tubes, hookahs, cigarette paper, lighters;
Example: Aroma mix for 1000 three m Skhodnenskaya +7......... 0
• Alcoholic beverages. Including low-alcohol beverages.
Example: We moved to: alco....com Tel: +7........52 Your Liquor store
• Prostitution, as well as erotic shows/massages, etc. Any erotic services and services prohibited for sale on the territory of the Russian Federation.
Example: 18+ Rest 24 hours! +7……..03
• It is not allowed to advertise in which there is no part of the essential information about the advertised product, about the terms of its purchase or use, if this distorts the meaning of the information and misleads the subscriber.
Example: Sale 1,5-five hundred! 8……...41
• Pyramid schemes (MMM)
• In ROME, the use of swear words, obscene and offensive images, comparisons and expressions is not allowed.
This registry will be updated. Please convey this information to your partners.
In connection with the frequent cases of distribution of SMS messages containing materials that violate the Federal Law of 13.03.2006 N 38-FZ "On Advertising", as well as messages with ambiguous content, we notify you of the appearance of the "Register of prohibited materials". If you receive a complaint from a subscriber or after the fraud monitoring of OJSC MegaFon detects SMS messages with similar content, you will be fined without the possibility to cancel it by providing the subscriber's consent to receive such SMS messages..
We inform you that if such violations are detected, the most stringent measures will be taken against the aggregator partners, including all the tools of sanctions provided for in the agreement: blocking of alpha names, penalties, suspension/termination of the agreement.
"Register of Prohibited Substances»
In particular, the distribution of information is not allowed.:
• Narcotic drugs, psychotropic substances and their precursors, plants containing narcotic drugs or psychotropic substances or their precursors, and their parts containing narcotic drugs or psychotropic substances or their precursors;
Example: Mix, Salt, Sample Of Bodies: 8800…..40
• Tobacco, tobacco products, tobacco products and smoking accessories, including tubes, hookahs, cigarette paper, lighters;
Example: Aroma mix for 1000 three m Skhodnenskaya +7......... 0
• Alcoholic beverages. Including low-alcohol beverages.
Example: We moved to: alco....com Tel: +7........52 Your Liquor store
• Prostitution, as well as erotic shows/massages, etc. Any erotic services and services prohibited for sale on the territory of the Russian Federation.
Example: 18+ Rest 24 hours! +7……..03
• It is not allowed to advertise in which there is no part of the essential information about the advertised product, about the terms of its purchase or use, if this distorts the meaning of the information and misleads the subscriber.
Example: Sale 1,5-five hundred! 8……...41
• Pyramid schemes (MMM)
• In ROME, the use of swear words, obscene and offensive images, comparisons and expressions is not allowed.
This registry will be updated. Please convey this information to your partners.
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