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Title

SOME ASPECTS OF THE RELATION OF LAW COMMUNICATIONS AND ADVERTISING LAW

Authors

Tereshchenko Lyudmila, doctor of legal Sciences, Honored lawyer of the Russian Federation, associate Professor, Deputy head of the Department of administrative legislation and process, Institute of legislation and comparative law under the Government of the Russian Federation, Russia, 117218, Moscow, B. Cheremushkinskaya str., 34. E-mail: adm@izak.ru

Section

LEGAL REGULATION OF INFORMATION SECURITY

Issue

18

Page

67-73

index UDC

659.1 : Х

index LBC

 

Abstract

The article concerns issues of correlation of the legislation on communication and advertising legislation related to the definition of the subjects of the requirements established by specified branches of the legislation when sending sms messages. Along with the law on advertising it is necessary to consider also the provisions of the law on communications governing the distribution of sms messages. The terminology of the legislation on advertising and communication laws is not the same, including with regard to the subjects of relations, although the regulation applies in certain cases of the same relationship. The term “mailing list” of the legislation on communication is significantly different from that used in law on advertising of the term “distribution”.

The article also discusses the problem of defining the subject, obliged to obtain the consent of the subscriber to receive advertising. The law on advertising imposes this duty on advertisements, and the legislation on communication to the person on whose initiative delivery. Often they are different entities.

Keywords

advertising, communications, legislation, an sms message, the subscriber, newsletter.

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