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
SUMMARY

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.

 
FREE EXCERPT
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 Iai, Iai, Romania
*Correspondence: Mirela Carmen Dobril, Faculty of Law, “Alexandru Ioan Cuza”
University of Iai, 11 Carol I Boulevard, Iai, 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. Cpân, Publicitatea îneltoare, “Universul Juridic” Publishing House, Buchare st, 2007, p. 31.
2
See also Mirela Carmen Dobril Corelaii între infraciunea de înelciune i reg lementrile privind
publicitatea îneltoare, “Perspective juridice” Journal, no. 1/2011, pp. 5-14.
3
O. Cpân, op. cit., p. 65.

To continue reading

REQUEST YOUR TRIAL