The Supreme Court declared illegal the distribution of sound advertising

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AK&M 09 October 2023 16:37

The Supreme Court declared illegal the distribution of sound advertising on the wall of the Central Cinema building in Yakutsk. This is stated in the message of the Federal Antimonopoly Service.

The Supreme Court of the Russian Federation has determined that the simultaneous visual and auditory perception by consumers of commercials on an LED screen attracts their attention to sound advertising, which is distributed by a single sound equipment. Broadcasting of advertisements with audio accompaniment for a long time creates a sound load in public places.

In 2022, the Yakut Federal Antimonopoly Service of Russia recognized Oberon LLC as violating the law "On Advertising". The company distributed sound advertising broadcast on an LED screen mounted on the outer wall of the Central Cinema JSC building. The soundtrack of the commercial was distributed through speakers that were unsteadily placed on the street near the entrance to the cinema.

The distribution of sound advertising using sound equipment mounted and located on external walls, roofs and other structural elements of buildings, structures, structures, in accordance with the legislation, is not allowed.

In this regard, the Supreme Court of the Russian Federation recognized the erroneous position of the courts on the permissibility of the distribution of sound advertising through speakers. According to the court, the fact that the speakers were placed on the steps of the building, and not on its wall or roof, does not affect the conclusion that it is unacceptable to distribute sound advertising near these objects. Otherwise, such a position negates the purpose of the existing legal regulation, and also violates the prohibition established by the Law on Advertising, and creates a threat of violation of citizens' rights.