The offence of deceit and misleading advertising

• Author: Mirela Carmen Dobrila
• Position: Faculty of Law, Law Department, 'Alexandru Ioan Cuza' University of Iasi, Iasi, Romania
• Pages: 8-13

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 8-13

8

THE OFFENCE OF DECEIT

AND MISLEADING ADVERTISING

M. C. Dobril

Mirela-Carmen Dobril

Faculty of Law, Law Department

“Alexandru Ioan Cuza” University of Iai, Iai, Romania

*Correspondence: Mirela Carmen Dobril, Faculty of Law, “Alexandru Ioan Cuza”

University of Iai, 11 Carol I Boulevard, Iai, Romania

E-mail: mirela.dobrila@uaic.ro

Abstract

This article analyzes the regulations pertaining to misleading advertising, detailing

the situations where the offence of deceit can be considered for the sanctioning of misleading

advertising.

Keywords: misleading advertising, the offence of deceit, Article No. 215 of the

Criminal Code

Introduction

The danger of consumers being deceived and the risk of making decisions detrimental

to one’s property as a consequence of misleading advertising impose the application of

preventive measures, through the establishment of a framework to regulate liberties in the

area of advertising, with the observance of certain rules of conduct, conditions of application,

and limits established by the bodies with jurisdiction in the field, as well as of certain

repressive measures, which are provided both as sanctions regulated by special laws in the

field of advertising, where disregard of the legal conditions of advertising is considered an

offence, but also as criminal law sanctions, such as the sanctioning of misleading advertising

as offence of deceit, according to Article No. 215 of the Criminal Code.

Starting with the regulations enforced within our legal system, which present

situations in which advertising can be qualified as deceiving, and from criticisms of

advertising, in the sense that there is an altering aspect to representations suggested through

these channels, and the message of advertising inevitably enacts a deliberate reduction of

reality

1

, it is necessary to analyze the offence of deceit within a larger context, investigating

the connection between this offence and misleading advertising

2

, which in turn implies an act

of deception, of misleading, through which the truth is altered.

Advertising means the making of a representation in any form, in connection with a

trade, business, craft or profession, in order to promote the supply of goods or services

3

. From

the premise that advertising enjoys more freedom to manifest itself in order to draw attention

to the goods or services it offers, and to influence consumers so that they use them, the risk of

exerting advertising in an abusive manner must also be taken into account, as it can lead to

detrimental results for the consumers who can thus be deceived, being determined into

choosing products or services that they do not use, or that even harm them.

1

O. Cpân, Publicitatea îneltoare, “Universul Juridic” Publishing House, Buchare st, 2007, p. 31.

2

See also Mirela Carmen Dobril Corelaii între infraciunea de înelciune i reg lementrile privind

publicitatea îneltoare, “Perspective juridice” Journal, no. 1/2011, pp. 5-14.

3

O. Cpân, op. cit., p. 65.