It is no secret that during operations in the media and advertising sectors, a wide range of legal issues arise, from contractors’ failure to fulfill their contractual obligations to claims related to intellectual property rights.
It is also important to consider that the media and advertising markets are under strict state control. For businesses in this sector, it is crucial to comply with legislative requirements, as activities in the media and advertising field involve significant risks and substantial financial penalties in case of violations of specific laws.
For example, violations of advertising laws may result in significant fines, which in certain cases can reach up to five times the cost of producing or distributing the advertisement.
In turn, violations of tax legislation by entities engaged in media and advertising activities lead to liability as provided by the Tax Code of Ukraine.
Moreover, media outlets are often involved in court disputes related to the refutation of false information, claims for the protection of honor, dignity, and business reputation, which often include demands for compensation for moral damage caused by the dissemination of false information.
Therefore, to effectively resolve all the legal tasks related to media and advertising, it is advisable to consult a group of specialized professional lawyers practicing in these areas.
The team at Winnerlex includes a group of lawyers specializing in tax issues, corporate law, antitrust/competition law, intellectual property, copyright and related rights, contract law, and interaction with government authorities. This allows Winnerlex to successfully handle the full range of legal issues related to media and advertising.
LEGAL SERVICES IN THE MEDIA AND ADVERTISING SECTOR include a wide range of services:
- Comprehensive legal support for media outlets, media holdings, publishing houses, advertising agencies, internet portals, and online resources;
- Providing legal consultations regarding the establishment and operation of media companies and holdings;
- State registration of the establishment of media outlets;
- Analysis of current legal models and the development of new legal models for conducting business in the media and advertising sector;
- Support for mergers and acquisitions (M&A) in the media sector, including the acquisition of a controlling stake in media companies;
- Obtaining permits from the Antimonopoly Committee of Ukraine (AMC) for media concentration (mergers and acquisitions);
- Legal support regarding the use of intellectual property, protection of copyright and related rights;
- Drafting contracts and supporting the process of concluding agreements on marketing, advertising, and media services, contracts for the transfer of trademarks for goods and services for advertising companies, sponsorship agreements, and foreign economic contracts in the media and advertising sector;
- Tax optimization for media holdings, tax structuring of key assets and operations;
- Consulting on the taxation of advertising services, discounts, gifts, and other benefits provided to consumers during advertising campaigns;
- Supporting the procedure for attracting foreign investment and concluding agreements with investment funds in the media sector;
- Support for inspections by the National Council for Television and Radio Broadcasting and the National Commission for State Regulation of Communications and Informatization (NCCIR);
- Interaction with government authorities and local self-government bodies;
- Support for resolving disputes in the media and advertising sector, representing interests in courts, including matters related to the refutation of false information, protection of honor, dignity, and business reputation.
Practice experience: 19 years
Specialization: litigation support, tax, customs and antitrust practices, agricultural law, IT and M&A
Practice experience: 21 years Specialization: support of economic, civil, labor and administrative disputes, energy
Practice experience: 11 years Specialization: tax, customs and corporate disputes, support of inspections, contractual activities
Practice experience: 6 years
Specialisation: business and civil law, tax and customs practice, corporate law, registration and reorganisation of business
Practice experience: 11 years Specialization: support of economic, civil, labor and administrative disputes, inspections
Issuance (refusal to issue, reissuance, issuance of duplicates, cancellation) of a permit for the placement of outdoor advertising is carried out in accordance with the Law of Ukraine “On the Permitting System in the Field of Economic Activity.”
Outdoor advertising is placed on territories, buildings, and structures with the consent of their owners or authorized persons, taking into account architectural, functional-planning, historical-cultural factors, typology of local environment elements, and compliance with the rules for the improvement of settlement areas.
Information about a person’s private and family life includes any data and/or information regarding non-property and property relations, circumstances, events, relationships, etc., related to the person and their family members, except for information provided by law regarding the actions of individuals holding positions associated with the performance of state or local government functions or official duties.
The collection, storage, use, and dissemination of confidential information about a person without their consent by the state, local government bodies, legal entities, or individuals constitutes an intrusion into their private and family life. Such intrusion is allowed only in cases defined by law and solely in the interests of national security, economic welfare, and human rights.
The dissemination of misleading information includes, in particular, the transmission of false information to an unspecified group of individuals through the placement of unfair advertising.
No. It is not sufficient.
The provision of advertising services on the Internet must be confirmed by specific documents, which, according to the terms of the agreement between the Client and the Contractor, serve as evidence of the completion of work and the basis for making final payments. As a general rule, in accordance with the legislative provisions, such a document is an acceptance certificate for the completed work, signed by authorized representatives of both parties.
The placement of misleading advertising in this case is classified as the dissemination of deceptive information, particularly as the communication of false information to an undefined group of individuals through the placement of misleading advertising, in accordance with Article 15-1 of the Law of Ukraine “On Protection against Unfair Competition.”
Yes, it can.
According to Article 28 of the Law of Ukraine “On Advertising,” the public refutation of unfair and unlawful comparative advertising is carried out voluntarily or by court decision at the expense of the guilty party, in the same manner in which it was placed.
