Advertising on Digital Platforms: A New Stage in Azerbaijan’s Legislation

 

Recent amendments to the Law of the Republic of Azerbaijan "On Advertising" are aimed at comprehensively updating the regulation of advertising activities in response to modern digital challenges. The adopted changes establish a legal framework for advertising on digital platforms and clearly define the rights and responsibilities of advertising participants and consumers.

 

First and foremost, Article 1 of the Law was supplemented with a new provision (Article 1.4), stipulating that the Law applies to advertisements addressed to consumers located within the territory of the Republic of Azerbaijan when such advertisements are disseminated through digital platforms serving as advertising media. This effectively extends the scope of the Law to include digital advertising.

 

The Law’s terminology has also been updated. Article 2 now includes the terms “digital platform influencer” and “digital platform as an advertising medium.” A digital platform influencer is defined as a natural or legal person who engages in advertising on digital platforms using their influence in exchange for monetary gain. A digital platform as an advertising medium refers to an internet information resource (excluding government resources), telecommunications network, or their mobile applications, used for distributing advertisements. These terms were systematically incorporated into other provisions of the Law as well.

 

Amendments to Article 4 establish that goods subject to mandatory licensing or certification may only be advertised if supported by valid documentation. In such cases, the advertisement must specify the license or certificate number, its issuance date, and the issuing authority. If the format of the advertising medium prevents such details from being displayed, it must be clearly indicated that the relevant documentation exists, and conditions must be created for the consumer to access this information.

 

Newly introduced Articles 4.10 and 4.11 outline how additional information about advertised goods may be provided using links or short numbers, depending on the characteristics of the advertising medium. The information accessed through these means must not contradict or diminish the completeness of the information presented in the advertisement. Moreover, all data included in advertisements must be expressed in a manner that is clear and understandable to consumers.

 

Articles 8.1 and 22.1 were amended to reflect the concepts of “sponsorship” and “partnership” in addition to “on the basis of advertising rights,” thus expanding the scope of permissible commercial arrangements.

 

A significant innovation is the introduction of Article 26-1, which specifically regulates advertising on digital platforms. Advertisements disseminated by digital platform influencers must be accompanied by a disclosure such as “advertisement,” “on the basis of advertising rights,” “sponsorship,” or “partnership.” If advertising materials use visual or audio applications that alter the appearance or perception of the product, this must be clearly disclosed to consumers. The influencer must also provide comprehensive identification information about the advertiser: for legal entities—name, business address, and taxpayer identification number (TIN); for individual entrepreneurs—full name, business address, and TIN; and in both cases, relevant contact details such as phone number and email address.

 

The article also prohibits certain deceptive practices, including misleading consumers into believing that the influencer personally uses a product when they do not, or creating fake accounts to promote advertisements. These requirements, however, do not apply to advertising activities conducted by audiovisual media entities on digital platforms.

 

Elsewhere in the Law, provisions have been introduced to ensure that if technical limitations of the advertising medium prevent the inclusion of certain required data (such as regarding financial or payment services), consumers must be provided with access to that information and be appropriately informed of its availability.

 

Finally, in sections related to liability and supervision, digital platform influencers are now expressly recognized as distinct subjects of legal relations in the field of advertising. They are included in relevant provisions (including Articles 27, 29, 32, 33, and 39), where their responsibilities and applicable legal consequences in case of violations are set out.

 

Overall, these legislative amendments represent a substantial step toward the legal regulation of advertising in the digital environment. They enhance transparency, ensure consumer awareness and protection, and establish clear rules for the activities of influencers and advertisers across emerging media formats.