What factors should be considered when advertising a non-profit organization?
The head of the largest Information Technology Cluster contacted us for advice on how to post information on their Internet resources (website, social networks, and channels).
The mission of this non-profit organization is to provide information and marketing support to regional IT companies. Of course, such assistance cannot be provided without information about the company's activities, products, and accomplishments. A calendar of industry-related events is also available on the cluster's resources page.
All of this is not paid advertising, but rather noncommercial interaction. An advertising lawyer makes specific recommendations on wording, creatives, and the need for labeling when it is unavoidable. It is difficult for a non-profit organization to immediately determine how and under what rules decisions should be made regarding the object of advertising, the content of advertising, and the proper formalization of business relationships.
The legalization of online advertising has begun the process of regulating advertising design not only in the commercial sector, but also in the areas for which non-profit organizations have traditionally been responsible: mutual information, joint events, and development.
In November 2011, FAS Russia issued the long-awaited Guidelines for Compliance with Mandatory Requirements under the catchy title “The Concept of Advertising” (Order No. 821/23 of November 14, 2023), in which the agency attempted to answer basic questions about the distinction between advertising and other content.
Meanwhile, it is too early to conclude that the published document resolves all issues regarding the distinction between advertising and other information. At the very least, it establishes the main guidelines and clarifies the concepts of an indefinite circle of people, object of advertising, sponsorship products, social advertising, advertising in communications operator messages, and the use of souvenirs and branded products in the course of business of an entrepreneur.
Two large sections of the Guide are devoted to the organic integration of advertising, on which business and officials frequently disagree. And there is the most pressing issue of recent months that is the distinction between advertising and information materials, including the statements of FAS in reposts and personal pages on social media.
It is important to note that the FAS Russia repeatedly draws attention to the fact that advertising is not prohibited content, but requires compliance with all requirements established not only for its labeling, but also for content where the law clearly regulates this (TV programs, consumer rights, and special advertising objects).
The main risks of advertising activities can be divided into three categories: the object of advertising, the method and location of advertising, and the advertiser and the requirements imposed on him.
Each risk factor related to advertising in the activities of a specific organization must be studied and clearly regulated. For example, an announcement about an upcoming event can be either an advertisement, with an obvious or hidden incentive to sell it. Or it can be an information message that non-profit organization is participating in the event.
A joint video with a partner may require labeling if it promotes the partner, or it may simply be entertainment content with attribution (there are mandatory information requirements that do not result in identifying such a video as an advertisement).
What if someone posts information about a non-profit organization, and the latter reposts it? If you simply repost what has been told about you, there is no advertising of someone else's channel or object, regardless of the context. As a result, each request is thoroughly reviewed, often retrospectively.
As a result, the non-profit organization received scripts for working with information on the Internet, while we, as lawyers, received contact information in the field of IT technologies.