Unfair behaviour of administrative bodies in permission of advertising and the role of lawyers in the sphere of the law on advertising

08/04/19

Unfair behaviour of administrative bodies in permission of advertising and the role of lawyers in the sphere of the law on advertising

In daily life, there are frequent cases when physical and legal entities are being fined by Administrative authorities, on the grounds that they carry out advertising without the appropriate permission.

Due to the lack of knowledge of the Law physical and legal entities are being forced to pay the penalty imposed by the Administrative authorities, otherwise, in order to avoid from the risk of fines, some of them prefer to apply to the Administrative authorities for permission to advertise.

It's important to note that the administrative bodies are not always in line with the law in the scope of above mentioned procedures. They take advantage of the lack of knowledge in Law of many physical and legal entities and often exhibit unfair activity against physical and legal entities.

Until adoption of unified Judicial practice in the Republic of Armenia, administrative bodies considered any type of dissemination of information as advertising and unfairly fined physical and legal entities for advertisement.

According to current legal practice, the inclusion of a generalized name of a particular group of goods or services in the disseminated information can not be considered as an advertisement, because such names do not give an opportunity to distinguish  goods or services from a particular product or service and to form a positive attitude towards it. That is, information containing a general name cannot be considered an advertisement because it does not contain the object of the advertisement.

 It's important to mention that Advertisement  is circulation of information on legal or natural persons, products, ideas or initiatives through the use of various means of information among an indefinite number of people, which is intended to form or maintain interest in the given physical and legal person, goods or undertakings.

Nevertheless, it is important to note that Administrative bodies take advantage of the lack of knowledge of physical and natural persons in the Law and continue to dishonestly and unfairly fine them by framing it as an advertising activity without a necessary permission.

To avoid such issues, we advise you to apply to a lawyer before advertising and to have a legal advice so that you do not feel the consequences of unfair behavior of Administrative authorities in the future.

Author: Gurgen Grigoryan 

Disclaimer:  The views and opinions expressed in this article are those of the author and shall not be deemed as legal advice. Examples of analysis performed within this article are only examples. They should not be utilized in real-world analytic products.