Viral and native marketing in the eyes of Polish Law
The new online techniques used for reaching the consumer, that became available with the prevalence of internet and generally electronic means of communication, have not received the attention of Polish lawmakers yet. As a result, identifying and applying proper laws for governing these new marketing techniques - such as viral, native or content marketing - may prove difficult. It might be even harder to differentiate what is allowed and what may potentially result in civil or even criminal liability.
Most of the applicable regulations originate from traditional advertising and are mostly adequate for printed ads. Due to that fact, sometimes the results of interpretation of law in regard to dynamic environment of electronic media may yield unexpected results.
The goal of this newsletter is to highlight the most important factors when considering new media advertising in Poland.
First of all internet is considered mass media and therefore in the eyes of the law is equal to printed press or television when it comes to advertising. Moreover, most publications on the internet may be considered press and consequently should conform to the rules set forth for newspaper publications. Taking into consideration the strict interpretations of law, blog authors are forced to register their blog as a newspaper, though this duty is almost universally ignored.
When attempting to start viral/native/content advertising campaign it is important to keep in mind, that Polish law requires all ads to be labeled as such. Moreover ads may not influence the customer in such a way that would cause an error in regard to the advertising goal of the content and to the business entity promoting goods and/or services.
For example if a company supplies a blogger with goods for review and evaluation, as part of an advertising campaign, it is required that the blogger clearly indicates that the published content is a marketing campaign on behalf of the company. Generally the responsibility for fulfilling that duty lies on the company being advertised, but an advertising agency (and sometimes the blogger) might be held liable as well.
Due to the rapid changes in internet environment and influx of new marketing techniques most of interested parties are not aware of their legal duties. The authorities are also reluctant to enforce them. Maintaining proper legal diligence allows companies to achieve same marketing goals, while minimizing the risk of liability.
If you wish to know more about the subject please contact us.