IMPACT OF DIGITALIZATION ON LEGAL REGULATION OF ADVERTISING

The rapid development of society is largely associated with the digitalization processes that have engulfed it. Advertising activity is no exception. The transition to the Internet Web 2.0 format has opened a new breath of the advertising industry. There are more opportunities for advertising: in particular, such opportunities are provided by social networks (the platform Instagram, YouTube, Tiktok, Vkontakte, Facebook and others). At the same time, such regulation is relevant and logical. It is advisable to supplement it with Chapter 2 of the Russian Federal Advertising Law [1].

In this regard, the purpose of this article is to formulate proposals for the legal regulation of advertising on the Internet. Object: public relations arising from online advertising.

Analyzing the improvement trends of legislation in the field of Internet advertising regulation, it should be noted that, first of all, the changes are aimed not so much at regulating Internet advertising as at improving interaction with information on the Internet in general. In particular, the requirements for the storage and processing of personal data are being improved (for example, we can observe how the system asks us to access cookies, etc.). At the same time, this also affects advertising: in particular, targeted advertising [4; 6]. Recently, we can notice a pattern: the advertising offered to us is increasingly consistent with the requests we make on the Internet [8]. This is nothing more than a demonstration of the Big Data system. On the one hand, it is convenient to watch ads that are of interest us. On the other hand, the question arises of the legality of access to the requests that we carry out on the Internet. The fact that currently there are trends in the regulation of data availability processes indicates an indirect improvement in the legal regulation of advertising. It is convenient to watch ads that are of interest to us. But the question arises of the legality of access to the requests that we carry out on the Internet. The fact that we are currently observing trends in the regulation of data accessibility processes indicates an indirect improvement in the legal advertising regulation [7].

While researching this issue, it is also worth noting the contribution of the antitrust authorities, which quickly respond to public inquiries and explain why targeted advertising is an advertisement and not other mass information [2; 3]. Despite the fact that the vector of development of online advertising legislation is more and more noticeable, regulation is not enough. This is evidenced, for example, by the appearance of advertising of alcoholic products on the Internet (on television, for example, it is prohibited). In addition, Instagram advertising is out of control. Increasingly, we can see advertisements in the «Story» section of Instagram platforms, which is a way of earning money for advertisers [9; 10]. However, too often it is of poor quality and misleading. Moreover, we may observe attempts to justify that the information that the user posts in the closed profile of the social network is not advertising. Reason: it is aimed at a certain circle of people - subscribers of a closed account, and advertising should be directed to an indefinite circle of people. The indicated is a consequence of the misinterpretation of such a sign of advertising as an indefinite circle of persons. All this and much more needs special regulation.

In this regard, it is advisable:

1. To define among the methods of advertising in the Russian Advertising Law «Internet Advertising». This will extend the general advertising requirements to online advertising.
2. Indicate that information posted in a closed profile of a social network can be considered advertising. This is due to the fact that addressing advertisements to an indefinite circle of persons is the content of the advertisement, targeting a certain circle of people (for example, subscribers to an Instagram account) is a method of distribution. It is wrong to confuse this classification. While its content is directed at unidentified persons, the advertising method can be directed to specific persons.
3. Define specific requirements for online advertising. Although the question remains open what these requirements should be. Obviously, it is hardly worth indicating the duration of such an advertisement. In this case, it should be determined by the owner of the Internet account, for example, the owner of Instagram or a channel on YouTube. Similarly, it is impractical to determine the area of the frame and the volume of the sound. Nevertheless, it is necessary to designate Internet advertising in a series of individual ways, at least in order for it to be subject to general requirements for advertising and types of advertising.

References:

1. Федеральный закон «О рекламе» от 13.03.2006 №38-ФЗ // Российская газета №51, 15.03.2006.
2. Письмо ФАС РОССИИ от 5 апреля 2007 г. № АЦ/4624 // Экономика и жизнь, № 19, май, 2007.
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10. Marketing Monday: are law firms getting smarter using CRM? + infographic. [Электронный ресурс]. - URL: https://legaltechnology.com/marketing-monday-are-law-firms-getting-smarter-using-crm-infographic/ - 22.11. 2020.