The Law on Advertising of RA (Law) defines the legal basis of creating and disseminating advertisements on the territory of the Republic of Armenia.
In the scope of the Law:
Advertising – spread of information in an indefinite circle of persons, through various mass media, on legal and physical entities, merchandise, ideas and projects, intended to form and maintain interest in those physical and legal entities, merchandise and projects.
Advertising is prohibited and is considered to be illegal if it is carried out by means of:
a) taking advantage of people's trust, their lack of experience or knowledge;
b) discrediting the consumers who don't use the advertised goods;
c) making use of prejudice and superstitions;
d) using expressions, discrediting a competitor or a group of competitors, as well as the characteristic features of the produced and sold merchandise, or improper comparisons with other legal or physical persons and goods;
e) using information not corresponding to the real demands of the goods;
f) appealing people for violence, aggression, panic, as well as violation of conventional norms of morality;
g) using appeals and argumentation directed toward the environment;
h) using appeals and argumentation, calling for activities threatening the life, health and safety of a consumer;
i) using a project, a text, advertising formulas, illustrations, music and sound effects and other means to mislead consumers.
Advertising is prohibited if it violates the reliability of the advertisement and refers to:
a) the characteristics, nature, composition, time of preparation, purpose, consumer properties, conditions of use, compliance with the standard, quantity, country of origin of the product.
b) the value and price of the product at the time of publication of the advertisement.
c) additional payment terms.
d) delivery, exchange, return, repair, maintenance and operation of the product.
e) warranty obligations.
f) the copyright and property rights of the manufacturer, in particular patents, samples, etc.
g) the right to use a trademark (service mark).
h) official recognition, receipt of diplomas, medals, prizes and other awards.
i) the presentation of information on the means of acquiring a complete series, if the product is part of a series.
j) citations of research and test results, technical and scientific publications.
k) statistical data that do not correspond to reality.
l) correct use of scientific terms.
m) references to guarantees or endorsements of legal and natural persons, as well as the use of expired or short-term guarantees or endorsements.
n) comparisons with other products, rights and positions of other legal and natural persons.
Advertising that violates the propriety of advertising is prohibited, namely:
a) discredits universal and national norms of morality.
b) contains offensive expressions, comparisons and images related to race, nationality, profession or social origin, age group or gender, language, religious and other beliefs.
c) directly or indirectly expresses denigration or disrespect for state symbols (coat of arms, flag, anthem, currency, etc.).
d) discredits legal entities and individuals, as well as production, commercial or other activities, profession, product type, etc.
The advertising language in the Republic of Armenia is Armenian. If necessary, at the advertiser's discretion, the advertising presentation may also be dubbed into two or more foreign languages, the total volume of which should not exceed the volume (surface) of the advertising presentation in Armenian and should not include information that is not included in advertising presentation in Armenian.
The advertising presentation in a foreign language should not exceed the presentation in Armenian with its visual, color or lighting solutions.
The advertising presentation in Armenian must be written before or in front of the presentation in a foreign language, from top to bottom or from left to right.
1. Advertising in audiovisual media,
2. Advertising in printed mass media,
3. Advertising in transportation,
4. Social advertising,
5. Outdoor advertising.
The Law also applies specific features to the advertising of certain types of Products and Services. These are:
1. Advertising of alcoholic beverages,
2. Advertising of tobacco products, their accessories, tobacco product substitutes (except for substitutes used for medical purposes), tobacco product imitations,
3. Advertising of infant and young child milk formulas, any food products and related products that are not infant milk formulas for babies up to 6 months of age,
4. Advertising of medicines, medical products and therapeutic methods,
5. Advertising of human organs and tissues of a commercial nature,
6. Advertising related to egg donation,
7. Services provided through a surrogate mother,
8. Advertising related to sperm donation,
9. Advertising of weapons and ammunition,
10. Advertising of lottery or combined lottery prize pools,
11. Advertising of totalizers, winning games, internet winning games or casinos,
12. Advertising of theatrical concerts, public events, festivals, concert tours,
13. Advertising of banking, insurance and other financial institutions, including those engaged in securities transactions, and advertising about the services provided by them.
It is prohibited to publish unfair, including deliberately false advertising. In order to recognize advertising as unfair, the presence of a fact of misleading or public danger is required.
Misleading is understood as the actual ability of advertising to mislead legal entities and individuals due to complete or partial unreliability, omissions and distortions of information about the properties, quantity, quality, features, price and other information about goods, as well as their advertisers.
Public danger is understood as the actual ability of advertising to harm a competitor, incite violence, exploit the prejudices and superstitions, lack of experience of the advertising consumer, and incite advertising consumers to actions dangerous to health, property, as well as the environment.
If during advertising activities the actions of the advertiser, advertising producer, or advertiser are objective, but may mislead the consumer or to make the advertisement socially dangerous, then the presence or absence of the deliberate intention of the advertiser, the producer of the advertisement is not taken into account.
Partially unfair advertising is considered unfair in its entirety.
The literal truthfulness of the advertisement does not protect it from being considered unfair if a different meaning is understood from the general content of the advertisement.
Advertisement may be considered unfair not only because of its content, but also because of the place, time and means of dissemination (distribution).