Advertising is the process of introducing a good or service with the aim of popularizing the product and trying to promote it among the public, so that the rate of use of the good and service is profitable for the owner to a community or the world as a whole (such as advertising to prevent infection with a new virus or how to prevent dangerous events). So far, various definitions have been given to advertising, or it can be said that it is using a number of tools to promote a commercial or industrial product in order to promote the product. According to another view; Advertising is a communication process, in which the broadcast and dissemination of advertising is done to create an impression on the recipient whose goal is business. The characteristics of successful advertising are the presence of a number of features such as; be frank and reasonable to have a quick impact on the recipient. It should be artistic, to attract the attention of the consumer, in the language of the customer to reassure him that it is the service and goods he wants.
In the Kurdistan Region, the use of media tools to promote goods and services is increasing day by day, and the emergence of social media, which provides the opportunity for any user to advertise through accounts and pages for marketing and selling goods and services.
It is now done in several ways:-
– Advertising of the owner of the goods through accounts and pages.
– Use of media channels.
– Use of public places (parks, streets).
In using any of these methods, we need to know the legal procedures for advertising to avoid prosecution. Today, the Kurdistan Region, the legal framework to regulate advertising and punish any crime and violation committed in this field, in this regard, advertisers and media agencies have a duty to prevent crime, before the advertising process to be aware of legal measures.
“Types of Crime in Advertising”
Marketing through advertising, in addition to promoting goods and facilitating transactions and increasing sales, sometimes due to advertising for the sale of inappropriate goods and services, various crimes have been committed. Today, most countries have drafted laws to limit advertising and impose penalties for misuse. In the Kurdistan Region, the Law on Regulation of Commercial Advertising in the Kurdistan Region, No. (4) Of (2019) is currently in force.
–Public etiquette
–General system.
–Public security.
–Public health.
– Human rights.
“Media responsibility and the level of punishment for violations”
The Advertising Law in the Kurdistan Region has placed several responsibilities on the media and social networks.
-Quality and technical responsibility; Point (5) of Article (2) states: “The brightness of the screens of electronic street advertisements shall not exceed 5000 lumens/m2 during the day and don’t more than 200 lumens/m2 at night.” This requirement aims to regulate the brightness and colors of advertisements so as not to annoy citizens, or the light does not damage other signs and advertisements.
-National responsibility; The media are obliged to broadcast awareness advertisements on various issues related to the service of citizens, as stated in point (6) of Article (2) of the law; Media institutions must broadcast national awareness, culture, health, transportation and human rights and women’s rights advertisements free of charge in 4 minutes within (24) hours of broadcast, for publications according to the guidelines of the Ministry”.
-Criminal liability; Advertising, like any media message, is likely to be torn, distorted, removed and erased, intentionally or unintentionally. To punish those who cause this violation, Article (4) of the Advertising Law provides for several measures of accountability and punishment for violators.
