Legal Regulation of Advertising in Digital Marketing
摘要
The article deals with the legal regulation of advertising in digital marketing. The purpose of the study is to highlight the specifics of the current legal framework for regulating advertising in the context of digital marketing. The study uses general scientific methods of cognition, in particular, analysis, synthesis, comparison, abstraction, and a systematic approach. The results obtained show that online advertising in Ukraine is based on the principles enshrined in the Constitution of Ukraine, which ensure the right of citizens to access reliable information, freedom of creative activity and protection of intellectual property. Another important aspect is the use of the state language in advertising materials. Advertising activities are regulated by the Law of Ukraine ‘On Advertising’, which defines the principles of transparency and truthfulness, and the Law ‘On Consumer Protection’, which guarantees the rights of citizens to fair advertising. The Commercial, Civil and Tax Codes regulate market relations between advertisers, customers and service providers, define taxation rules and the liability of the parties. The study also examines key issues in the regulation of online advertising, such as the global nature of the Internet, which makes it difficult to enforce national legal rules, and the potential for circumvention of rules through international domains. The intangible nature of digital goods creates difficulties in applying traditional concepts of property rights. In addition, the lack of precise definitions of deceptive advertising and spam hampers law enforcement, as does the growth of informal commercial activity on social media. The practical implications of this study are to identify areas for legislative improvement to strengthen the regulation of digital advertising, promote consumer protection and foster a fair market.