Date: 2 months ago   Category: Advertising

The Court of Appeal confirmed the right of Lenta.ru to place advertizing of bookmakers


The ninth Court of Appeal of the city of Moscow confirmed the decision which the Arbitration court of the city of Moscow made according to the statement of the Lenta.ru edition earlier (enters Rambler Group). It is said in the press release of the company. In November, 2018 the Arbitration court cancelled the FAS Russia's decision to recognize advertizing of the bookmaker organizations which the edition extended on the website, violating requirements of the legislation. The court also cancelled the instruction of Federal Antimonopoly Service about the violation termination (suspension of advertizing campaign) and the FAS determination about imposing of an administrative penalty concerning the edition. The arbitration court considered that, according to Article 27 of the law "About Advertising", mass media which report sports news can place advertizing of bookmaker offices and cover sports events and also have sports specialization. Thus, the court did not agree with restrictive interpretation of the provision of the law to which FAS adhered and according to which media in which certificate there is only one – sports – subject can place advertizing of bookmakers. The Court of Appeal in the resolution says that the FAS decision about suspension of advertizing campaign and imposing of a penalty relied on the only justification — the letter of Roskomnadzor. "The only justification of criterion established to FAS Russia is existence of the only sports subject specified in the mass media registration certificate. The FAS Russia points to the letter of Roskomnadzor" — it is said in the resolution. According to court, the letter of Roskomnadzor as the proof is subject to a deviation as it "is not the statutory act", it was not specified in a motivation part of the challenged acts, was not published or otherwise brought to the attention of subjects of legal relationship in the sphere of advertizing and media for which establish obligatory rules. Besides, emphasizes court, Roskomnadzor specified in the answer that its explanations "have no standard character". The Court of Appeal emphasizes that the antimonopoly authority did not produce the sufficient evidence which formed the bases for adoption of the controversial decision. He also notes that in actions of Lenta.ru there were no violations of the law about advertizing, and arguments of the appeal do not contain the facts which are not checked and are not considered by court of first instance when considering the case. "The restrictive interpretation of the law to which FAS suggested to adhere created exclusive preferences for sports editions that, in our opinion, unfairly limits possibilities of other media writing on sports subject. We are satisfied with the judgment which forms equal rules in the media market for all editions creating sports content" — the operating officer Rambler&Co Dmitry Sergeyev commented.

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