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IJC Campaign to Amend the Law on Advertising

18 July 2017
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The production of the draft law was dictated by the stringent need to improve regulations in advertising in a manner that effectively contributes to creating a proper climate for the development of the advertising market, in which social responsibility of all actors involved in advertising activities should prevail. This need was also highlighted in a study conducted in 2016, which evaluated the national regulations on advertising.

In the last 15 years, the Law on Advertising, adopted in 1997, was amended on 13 occasions, having undergone 42 modifications. The multiple amendments to the law have not led to its substantial improvement. Deficiencies revealed by the study include: lack of regulations ensuring fair competition and preventing the emergence of abusive dominant positions on the advertising market; inaccurate notions and definitions and ambiguous provisions; inadequate definition and improper use of the concepts of “advertising” and “social advertising,” which creates confusion; the law defines advertising agents (providers, producers, broadcasters) in such a way that “social advertising” is not their concern, although it is regulated by the same law as commercial advertising; lack of clear provisions on the obligations of State authorities that would regularly assess the volume and structure of the advertising market; insufficient provisions to ensure transparency of advertising agents; lack of provisions establishing a regulation or self-regulation authority entitled to identify and qualify the public interest nature of social messages/appeals; etc.

The above deficiencies suggest that it is time for a new law. This draft law provides for broad freedom of action to all actors in the field and motivates them to act responsibly.
 
Activities conducted as part of the campaign:

  1. Production of the study “Assessment of the Legal Framework Regulating Advertising and Recommendations for Its Optimization
  2. Public debate with the presentation of the study “Assessment of the Legal Framework Regulating Advertising and Recommendations for its Optimization”
  3. Development of a draft law on advertising
  4. Public debate with the presentation of the draft law on advertising
Activities to be implemented/conducted as part of the campaign:
  1. Sending the draft law on advertising to the Parliament;
  2. Campaign to promote the draft law on advertising, sent by the IJC to the Parliament, through petitions, journalistic materials, shows, video spots, and by other means.
The campaign is conducted with the support of the Swedish International Development Cooperation Agency through the Embassy of Sweden in Chisinau.