what the law and Roskomnadzor say
When an advertiser registers a creative in the ODA, he can label it “Native advertising.” If you do this, you don't have to generate monthly reports on the number of impressions and the “unit of service” price. This format of interaction with the labeling system is very convenient, but not everyone can use it. The problem is that there are no fixed legal provisions regarding native advertising, because there is no clear definition of it. We have collected information about such advertising and will help you understand it.
Native advertising and organic integration: what are the differences?
Roskomnadzor considers native advertising to be those integrations that are perceived as part of the author's content within the framework of works of art, science, literature, etc. At the same time, the reader understands: this is advertising. However, it is so well included in the content that the user does not experience any rejection of the material. This effect can be achieved because the advertising message coincides in theme with the main content. Native advertising must be labeled.
When it comes to organic integration, the user does not understand that they are looking at an advertisement. He believes that there are no commercial offers in the content. This type of integration does not need to be labeled.
Regulatory documents describing native advertising
What kind of online advertising should you report on? This information is provided in Order Government of the Russian Federation dated May 30, 2022 No. 1362-r. The document stipulates, among other things, that the advertiser is not obliged to label advertising that is part of copyrighted works. The order clarifies that the form of such content can be text, text-graphic, as well as video or audio recording.
It turns out that labeling of native advertising is necessary, but reporting on it will be submitted differently compared to regular advertising.
Difficulties in determining copyright content
To receive clarification on what criteria are used to determine copyrighted content and how to evaluate advertising in it, the Association of Bloggers and Agencies sent a request to the RKN.
The Federal Service responded with a letter dated November 17, 2023 No. 03-111159, in which it did not provide clear criteria. Specialists from the RKN referred to the norms of the Civil Code, including Art. 1259 Civil Code of the Russian Federation. At the same time, Roskomnadzor noted that it has no competence in the field of copyright.
In this case, the question arises about copyright objects – what existing content can be classified as them. Texts, pictures, videos, music and almost everything else that surrounds the user on the Internet can be recognized as the result of intellectual activity. To generalize, the object of copyright is any work that is expressed in an objective form and is the fruit of creativity. Information messages (news) and folk works (songs, ditties) do not fall under this definition.
Article 1259 of the Civil Code of the Russian Federation specifies what can be considered objects of copyright:
derivative works, which include translations of foreign works, cover versions, image/video processing;
works of art, literature, science, including their components, for example, the chorus of a song, the best moment of a video clip;
composite works, which include encyclopedias and collections.
What all of these objects have in common is that they must be new or reworked works. It turns out that a post ready for posting on VKontakte will not be considered the author’s. At the same time, the integration developed and recorded by the blogger can be called a work of authorship. But in some cases, copyright must be proven. Usually, this requires demonstrating who exactly is the original source, for example, you can post the work on your own blog, add it to cloud storage, or save correspondence where the author sends his content.
How to label native advertising in click.ru
Via Marking Wizard click.ru You can label native advertising. To do this you need to follow these steps.
1. Specify the site
Next, you need to enter information about the site in the window that opens.
2. Fill in the labeling information
The created site window has three tabs:
The first contains marking schemes. Here you set the order of legal entities that participate in the launch of advertising, and indicate the details of the participants in the chain.
You can create diagrams of varying complexity. To add intermediaries, you need to click on the plus icon in the diagram.
3. Add creatives and get a token
To obtain token, you need to click on “Add creative” in the “2. Creatives” and fill out the fields in the form that opens.
It is important to check the box that it is native advertising that is being marked.
Сlick.ru will send the information to the ORD and add a token.
4. Report on advertising in a simplified manner
At disallocations For native advertising, you need to specify a zero cost and number of impressions. You cannot enter other numbers. It is impossible to create a zero deed through click.ru, so you need to make a deed for 1 ruble and indicate it in the diagram. Also, native advertising can go without an act.
Important: you can report in a simplified manner if only native advertising is placed under a specific agreement. If other advertising is also published on the site, then for native creatives in the allocation you need to indicate zeros, and for others – data on the cost and number of impressions.
