Legislation
Laws
The Law of the Republic of Armenia on Advertising
Chapter 4. Unscrupulous advertising. Consequences of unscrupulous
advertising
Article 21. General provisions on unscrupulous advertising
1. It is banned to publish unscrupulous advertising, including obviously false advertising.
2. In order to consider an advertisement to be unscrupulous, a fact of delusion or public danger should be available.
3. Delusion means disorientation of legal and physical entities as a result of a complete or partial unreliability, a complete or partial omission and distortion of information on the characteristics, quantity, quality, particular features, price of the merchandise and other information, as well as information on their advertisers.
4. Public danger means doing harm to the rival, inciting someone to violence, making use of the prejudices, superstitions and lack of experience of the advertisement consumers, urging the advertisement consumers to carry out activities which are dangerous for the health, properties, as well as the environment.
5. If the actions of an advertiser, advertisement producer, advertisement transmitter are objective in the process of advertising activities, but may mislead the consumer or make the advertisement publicly dangerous, the existence or the absence of the advertiser's or the advertisement producer's premeditated intention is not taken into consideration.
6. Partially unscrupulous advertising is considered to be completely unscrupulous.
7. The literal veracity of an advertisement doesn't protect it from being unscrupulous, if the advertisement is understood in another way due to its overall contents.
8. An advertisement may be considered unscrupulous not only because of the contents, but also because of the location, the time and the means of dissemination (allocation).
Article 22. Counteradvertising
1. In case of determining the fact of unscrupulous advertising, the infringer of the legislation on advertising is obliged to publish a counteradvertisement at his own expense.
2. Counteradvertising may be carried out also by other legal and physical entities, willing to undertake these functions on the suggestion of an authorized governmental body, controlling the advertising legislation or the judicial bodies.
3. Counteradvertising is carried out by the same means as advertising – using the same terms of the duration, space, site and order.
Article 23. Responsibilities for using unscrupulous advertising. Turning down counteradvertising
1. The legal and physical entities, whose rights have been violated in the process of unscrupulous advertising, have the right to address the court in an established order, demanding:
a) a compensation for losses;
b) a compensation of harms done to the life, health and properties of a citizen;
c) a compensation of moral harms;
d) a public refutation of the advertisement.
2. The advertiser, advertisement producer and advertisement transmitter bear the responsibility for making use of the unscrupulous advertising and turning down the counteradvertising.
The advertiser bears responsibility for the legality of an advertisement, the reliability of the information contained in the advertisement, if he isn't able to prove that the violation of the requirements of the advertising legislation happened because of the advertisement producer or the advertisement transmitter.
The advertisement producer bears responsibility for the appropriateness and legality of an advertising announcement.
The advertisement transmitter bears responsibility for the means, the time and the place of disseminating the advertisement.
3. Legal and physical entities bear responsibility for making use of unscrupulous advertising and turning down counteradvertising, according to the article 26 of this Law, in an order, established by the legislation of the Republic of Armenia.
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