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Legislative regulation of discrimination in advertising

19/ 10/ 2021
  Author: Tatiana Trikoza, Lawyer of Dynasty Law & Investment On September 10, the Law “On Amendments to the Law of Ukraine“ On Advertising ”on Combating Gender Discrimination” was adopted, which introduced a new concept of “discriminatory advertising on the grounds of sex” as prohibited advertising. These are images, expressions with signs of intellectual, physical, social or other superiority of one sex over another, including the promotion of degrading treatment on the basis of sex, etc., images in advertising the human body solely as a sexual object to attract consumer attention, and do not apply to the advertised product or method of consumption of this product. Advertisers, advertising producers and distributors are responsible. Lets pay attention to which state bodies apply responsibility: ➡ The State Food and Consumer Service imposes fines for violation of the legislation on advertising from 300 non-taxable minimums. ➡ The AMCU imposes penalties for violations of the legislation on protection against unfair competition in advertising; ➡ The National Council of Ukraine on Television and Radio Broadcasting prosecutes in the sphere of activity of television and radio organizations; ➡ NBU - on advertising in the markets of financial services, consumer credit; ➡ National Commission on Securities and Stock Market - on advertising in the stock market; ➡ Ministry of Regional Development - regarding the construction of a residential building; ➡ State Labor - on advertising for vacancies.

Author: Tatiana Trikoza, Lawyer of Dynasty Law & Investment

On September 10, the Law “On Amendments to the Law of Ukraine“ On Advertising ”on Combating Gender Discrimination” was adopted, which introduced a new concept of “discriminatory advertising on the grounds of sex” as prohibited advertising. These are images, expressions with signs of intellectual, physical, social or other superiority of one sex over another, including the promotion of degrading treatment on the basis of sex, etc., images in advertising the human body solely as a sexual object to attract consumer attention, and do not apply to the advertised product or method of consumption of this product. Advertisers, advertising producers and distributors are responsible.

Let’s pay attention to which state bodies apply responsibility:

➡ The State Food and Consumer Service imposes fines for violation of the legislation on advertising from 300 non-taxable minimums.

➡ The AMCU imposes penalties for violations of the legislation on protection against unfair competition in advertising;

➡ The National Council of Ukraine on Television and Radio Broadcasting prosecutes in the sphere of activity of television and radio organizations;

➡ NBU – on advertising in the markets of financial services, consumer credit;

➡ National Commission on Securities and Stock Market – on advertising in the stock market;

➡ Ministry of Regional Development – regarding the construction of a residential building;

➡ State Labor – on advertising for vacancies.

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