Online Advertising and Its Labeling: How to Avoid Fines

The law on mandatory advertising labeling has been in effect for several years, but violations remain widespread. Let’s break down who is affected by the requirement, what exactly needs to be done, and what sanctions are imposed for mistakes.

Since September 1, 2022, all online advertising in Russia must be labeled: it must include the “Advertisement” mark, advertiser data, and a token—a unique identifier assigned by an advertising data operator (ORD). These requirements are enshrined in Federal Law No. 38-FZ “On Advertising” and apply to any commercial content distributed online.

What is labeling and why is it needed?

Labeling is a system for accounting for online advertising, allowing the state to see who is promoting what and with whose money. The legal basis is Article 18.1 of Federal Law No. 38-FZ “On Advertising” (introduced by Federal Law No. 347-FZ of 02.07.2021, effective as amended by No. 479-FZ of 26.12.2024), which obliges Roskomnadzor to keep records, store, and process information about online advertising. On this basis, the Unified Register of Internet Advertising (ERIR) operates: Roskomnadzor receives data on all advertising campaigns through it—participants in the chain, budgets, creatives, and their reach.

The goal is market transparency, combating “gray” advertising and violations of the requirements for prohibited goods and services. A side effect is new obligations and the risk of fines for all market participants.

Who is required to label advertising?

The requirement applies to all participants in the “advertising chain”: advertisers (ad clients), advertising distributors (platforms and publishers), advertising agencies and intermediaries, as well as advertising system operators (Yandex.Direct, VK Advertising, etc.). Individuals promoting their goods or services on their own social networks are also included.

What advertising is subject to labeling?

Any advertising content placed on the internet and aimed at a Russian audience must be labeled: banners and teasers, social media posts with commercial offers, integrations with bloggers and influencers, contextual and targeted advertising, advertising emails, native publications on media platforms, advertorials, and sponsored content.

Common misconception

Many believe that labeling is not required for “organic” publications or posts without direct payment. This is incorrect: if a publication is created or posted for any form of compensation (money, goods, discounts, services), it is considered advertising and must be labeled.

What is NOT considered advertising: FAS position explained

Before labeling content, you need to make sure it is actually advertising. Part 2 of Article 2 of the Federal Law “On Advertising” explicitly lists nine categories of information that are exempt from the law. The FAS of Russia, in Order No. 821/23 of 14.11.2023, provided detailed explanations on the application of these norms in practice—including for the internet and social networks. Below is an analysis of all categories with practical examples.

1. Political advertising, election campaigning, and referendum campaigning

Political advertising is completely excluded from the scope of the Advertising Law (clause 1, part 2, article 2 of Law No. 38-FZ) and is regulated by special electoral legislation. This means that campaign materials of candidates and parties, campaigning “for” or “against” in a referendum are not subject to labeling requirements under the advertising law. However, the placement of such campaigning online is subject to other rules established by the Federal Law “On Basic Guarantees of Electoral Rights.”

2. Information required by law to be disclosed

Information that an organization is required to publish by law (details in contracts, mandatory information in periodicals under Article 27 of the Media Law, disclosure by securities issuers, etc.) is not subject to advertising legislation. For example, a newspaper’s name presented as a logo is a mandatory requisite, not advertising (clause 2, part 2, article 2 of Law No. 38-FZ).

3. Reference and analytical materials

Market reviews, scientific research, analytics, industry reports—all these are not advertising if their main purpose is not to promote a specific product (clause 3, part 2, article 2 of Law No. 38-FZ). Editorial articles, TV and radio programs, videos, and other informational materials that do not generate interest in a particular product are also exempt—provided they are not covert advertising.

4. The manufacturer’s or seller’s own website, social networks, and app

Information about product range, prices, discounts, and purchase conditions posted on the official website, official social media page, or mobile app of the manufacturer or seller is not advertising—if two conditions are met: the information is intended to inform visitors about the assortment and is grouped by categories/sections. The same applies to information about the company’s own promotions, events, and counterparties (partners) on its own resources.

5. Catalogs and aggregators

Uniform information about products from different manufacturers in a marketplace or aggregator catalog is not advertising, as it does not highlight a specific product among similar ones or generate special interest in it. Product cards in online stores, listings in classified aggregators—similarly.

6. Search results in response to a user query

Organic search results are not advertising: the user formulated the query, and the information is provided in response. Paid ads (contextual advertising) or pop-up banners on the results page, however, are considered advertising and must be labeled.

7. Customer reviews

Reviews in special sections of websites contain customers’ personal opinions and are not advertising. Similarly, a personal social media post in which the author shares impressions of a product without commercial intent is considered informational material. However, if such a post contains explicit calls to purchase, excessive praise, or is made for compensation, the FAS may classify it as advertising.

8. Sponsor logos in a special section of the website

Placing information about sponsors and partners (including their logos) in a special “Partners” or “Sponsors” section on the official website of an event or organization is not advertising if such information does not generate independent interest in the sponsor or aim to promote them.

9. Messages from government authorities and local self-government

Official messages from federal, regional, and municipal authorities are not considered advertising if they do not contain advertising information and are not social advertising (clause 4, part 2, article 2 of Law No. 38-FZ). This applies, in particular, to official publications on government websites, warnings from Rospotrebnadzor, messages from the Ministry of Emergency Situations, and similar materials. As soon as such a message begins to promote a specific product or service, it acquires an advertising character.

10. Signs, pointers, and announcements outside entrepreneurial activity

Signs and pointers that do not contain advertising information (for example, a regular plaque with the organization’s name and business hours at the office entrance) are not advertising (clause 5, part 2, article 2 of Law No. 38-FZ). Similarly, announcements by individuals or organizations not related to entrepreneurial activity (clause 6, part 2): announcements about the sale of personal property, searching for a travel companion, private tutoring ads without systematic profit-making. The dividing line is entrepreneurial activity: as soon as an announcement becomes systematically commercial, it turns into advertising.

11. Organic mentions in works of science, literature, and art

Mentions of a product, brand, manufacturer, or seller organically integrated into a work of science, literature, or art and not themselves advertising information are not subject to the Advertising Law (clause 9, part 2, article 2 of Law No. 38-FZ). The key word here is “organic”: the mention must be an integral part of the work, not an inserted advertising block. A covert advertising message disguised as artistic text or a review is advertising, not an exception.

The line is blurred: when information becomes advertising

The FAS emphasizes: classifying material as advertising or information is determined in each specific case, based on the content and all circumstances of placement. A static banner on every page of a seller’s website, clearly highlighting a specific product among others, is already advertising. Information about third-party companies on a manufacturer’s website that draws attention to those companies is also advertising. When in doubt, it is safer to apply labeling.

Three mandatory labeling elements

1. The “Advertisement” mark

It must be clear, legible, and placed so that the consumer can see it before viewing the advertising message. “Advertising message” is also acceptable—but not foreign-language analogues (Ads, #ad, Sponsored) without a Russian equivalent.

2. Advertiser data

Tax ID (INN) and the name of the legal entity or sole proprietor; for individuals—full name and INN. The information must be accessible to the consumer: either placed directly in the ad or via a link to the advertiser’s card in ERIR.

3. Token (erid)

A unique identifier assigned by the advertising data operator before placement begins. The token is included in the URL (parameter erid=) or in the ad text. Without the token, the creative is technically not registered in the system.

Advertising Data Operators (ORD)

ORDs are organizations accredited by Roskomnadzor through which advertising registration is carried out. They assign tokens and transmit statistics to ERIR. As of 2025–2026, several accredited ORDs operate in Russia:

Advertising Data Operators

1. Yandex ORD — ord.yandex.ru
2. Ozon ORD — ord.ozon.ru
3. ORD-A — ord-a.ru
4. Development Laboratory — ord-lab.ru
5. First ORD — 1ord.ru
6. VK Advertising Technologies — ord.vk.com
7. MediaScout — mediascout.ru
8. RWB Platform — rwb-media-ord.ru

The choice of ORD is up to the advertiser or agency. Major advertising systems (Yandex.Direct, VK Advertising, Ozon) work with their own ORD automatically; other operators are available for direct connection.

Advertising labeling procedure:

Step 1. Conclude a contract with an ORD

Register with the chosen operator and provide information about the legal entity or sole proprietor.

Step 2. Register the advertiser and client 

If you are an agency—register your client. The ORD will assign them an identifier in ERIR.

Step 3. Register the creative and obtain a token 

Before placement, submit information about the ad (text, image, link) to the ORD. Obtain the erid token.

Step 4. Place the labeled advertisement 

Add the “Advertisement” mark, advertiser data, and token to the ad/publication.

Step 5. Submit statistics 

After placement ends (within 30 days after the reporting month), submit data on impressions to the ORD: dates, reach, expenses. The ORD transmits them to ERIR.

Labeling is not bureaucracy for bureaucracy’s sake, but an opportunity to prove the legitimacy of your advertising activities and avoid multimillion-ruble fines.

Fines: detailed analysis of Article 14.3 of the Administrative Code of the Russian Federation

Administrative liability for advertising violations is established by Article 14.3 of the Code of Administrative Offenses. In recent years, sanctions have increased significantly—especially regarding online advertising labeling. It is important to understand that different types of violations are classified under different parts of the article.

Part 1 of Article 14.3 of the Administrative Code—violation of general advertising requirements

This is the “basic” part: it applies to violations of any requirements of the Advertising Law not covered by special provisions. In the context of online advertising, this includes, for example, placing ads without the “Advertisement” mark or with unreadable, disguised labeling.

Parts 16–17 of Article 14.3 of the Administrative Code—violations of online advertising labeling requirements

Special provisions introduced in connection with mandatory online advertising labeling. Part 16 applies to placing online ads without a token (erid), without the “Advertisement” mark, or without advertiser information. Part 17—for failure to provide or providing false data to the advertising data operator (ORD), as well as for violating the procedure for storing advertising information.

Part 14 of Article 14.3 of the Administrative Code—repeat violation

Repeated commission of violations provided for in Parts 11, 12, or 13 of Article 14.3 of the Administrative Code (to which Part 14 refers as basic offenses) entails significantly higher sanctions. Fines under Part 14 apply if a person has already been held liable for a similar violation and commits it again within the period during which they are considered to have been subjected to administrative punishment (usually one year).

Liability under Article 14.3 of the Administrative Code applies to all participants in the advertising process: advertiser, agency, advertising distributor (platform, blogger). Each is fined separately. If three parties participated in a campaign and all violated labeling requirements, there will be three separate penalty orders. In large-scale campaigns, total sanctions can easily amount to millions of rubles.

Who is authorized to initiate cases

Powers to impose liability are divided between two agencies. Cases of administrative offenses under Article 14.3 of the Administrative Code (violation of advertising legislation, including labeling requirements) are considered by the FAS of Russia and its territorial bodies—in accordance with Article 23.48 of the Administrative Code, which directly assigns to their competence, among others, Parts 1–14 and 18 of Article 14.3 of the Administrative Code.

Roskomnadzor and its territorial bodies operate in a separate sphere: in accordance with Articles 23.44 and 28.3 of the Administrative Code, their officials draw up protocols and consider cases of administrative offenses under Parts 2, 3, and 5 of Article 14.3.1 of the Administrative Code—in particular, for advertising aimed at obtaining access to information whose distribution is restricted in Russia.

Typical mistakes and how to avoid them

Mistake 1: token obtained but not placed

Obtaining a token from the ORD does not in itself relieve you of the obligation to include it in the ad. The erid must be visible in the advertising material: in the text, in the URL parameter, or in the banner metadata.

Mistake 2: labeling “buried” in fine print

The “Advertisement” mark must be noticeable. Regulatory authorities pay attention to contrast, font size, and placement. Gray 6pt text on a white background in the corner of a banner is a violation.

Mistake 3: blogger thinks labeling is the client’s responsibility

All parties are liable. If a blogger posts an integration without labeling, both the blogger and the advertiser will be fined. The contract with the blogger should include their obligation to label content themselves or to provide materials to the advertiser for registration.

Mistake 4: forgot to submit statistics

Labeling is not just a token before the campaign starts, but also reporting afterward. Data on impressions must be submitted to the ORD no later than 30 days after the end of the reporting month. Missing the deadline is an independent ground for a fine.

Mistake 5: relaunching an old creative without a new token

If you reuse a previously published ad, you must obtain a new token. Each placement is registered separately. One token for the entire campaign period is not enough if the platform or period changes.

Checklist: check yourself before launching an ad campaign

• A contract with an accredited ORD has been concluded
• The advertiser is registered in the ORD system with INN specified
• A unique token (Erid) has been obtained for each creative before placement
• The ad contains a clear, legible “Advertisement” mark
• The ad includes the advertiser’s name and INN (or a link to the ERIR card)
• The Erid token is included in the URL or in the body of the advertising material
• The blogger or platform has been notified of the labeling obligation and the terms are fixed in the contract
• After the campaign ends, statistics submission to the ORD is scheduled
• Reporting deadlines are entered in the work calendar (by the 30th of the following month)

Special cases: what you need to consider

Advertising on Telegram

Telegram channels targeting a Russian audience are subject to the law’s requirements. The channel owner, when placing paid advertising, must obtain a token and label the post. An unregistered Telegram channel does not exempt from liability. What matters is the fact of advertising distribution, not platform registration.

Targeted advertising on blocked networks

Formally, placing ads on platforms blocked in Russia may itself violate other regulations. However, if the advertising still reaches a Russian audience (via VPN, etc.), Roskomnadzor has the right to apply labeling requirements.

Advertising by a foreign advertiser

If a foreign company places advertising aimed at Russian consumers, the labeling obligation falls on the Russian intermediary or platform. The contract with the foreign client must explicitly address this issue.

Key takeaway

Online advertising labeling is technically simple but requires discipline. The main risk is not in the complexity, but in a lack of systematic approach: forgotten tokens, unsubmitted reports, uncoordinated terms with bloggers. Implement a clear procedure at the marketing department or agency level, and you will avoid fines.

Best regards,

FoodSoul Lawyer