The document amends the Law of Ukraine “On Advertising” regarding:
- definition of “discriminatory advertising” and “discriminatory advertising on the grounds of sex”;
- strengthening liability for violations of advertising legislation;
- strengthening the protection of the rights of advertising consumers.
The document clearly defines what is “discriminatory advertising” and “discriminatory advertising on the grounds of sex”.
Discriminatory advertising is advertising that contains/uses statements and/or images that are discriminatory on the grounds of race, color of skin, political, religious and other beliefs, gender, age, disability, ethnic and social origin, citizenship, marital and property status, place of residence, linguistic or other characteristics of a person and/or group of persons, as well as discrediting other people's goods.
“Discriminatory advertising on the grounds of sex” is prohibited, namely: to contain statements and/or images about the intellectual, physical, social or other type of superiority of one sex over another, and/or stereotyping of the role of man and woman, which restricts human freedom of choice; to degrade human dignity on the basis of sex; demonstrate gender-based violence; contain images of the human body (body parts) exclusively as a sexual object in order to attract the attention of the consumer, and/or hints (words, sounds, images) of sexual relations that are not directly related to the advertised product or method of consumption.
The advertiser is responsible for discriminatory advertising.
In case of violation of this law, the advertiser pays to the Compulsory State Social Insurance in Case of Unemployment Fund a fine of five times the minimum wage established by law at the time of detection of the violation, in the manner prescribed by the Cabinet of Ministers of Ukraine.
Repeated commission of these violations during the year entails a fine of 30 times the cost of widespread advertising.
For non-submission, late submission or submission of knowingly unreliable information on the cost of advertising and/or production of advertising and/or the cost of advertising distribution to the central executive body that implements state policy in the field of state control over compliance with consumer protection legislation, the powers provided for by this law, a fine of $127 is imposed on advertisers, advertising producers and advertising distributors.
If it is impossible to establish the value of advertising made and/or distributed in violation of this law, advertisers and distributors of advertising by a decision of the central executive body implementing state policy in the field of state control over compliance with consumer protection legislation shall be fined up to $382.
The decision to impose a fine for violation of the legislation on advertising in the amount of $382 and more is made exclusively by the central executive body, which implements state policy in the field of state control over compliance with legislation on consumer protection.
As it was reported earlier, the Verkhovna Rada of Ukraine supported in the first reading bill #3427 on combating discrimination on the grounds of sex in advertising. 266 lawmakers voted for this bill.