FAS decided: advertising - not advertising, if there is an appeal. Spam is not spam

Remember my topic , where I complained about the daily spam from MTS?

At some point it got me completely and I wrote a complaint to RosKomNadzor. They replied that they didn’t do this, and sent it to the FAS.

So, today came the answer from the FAS. And to them I was extremely surprised:
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Proposals for the provision of MTS OJSC .... do not fall under the definition of advertising contained in Article 3 of the Federal Law "On Advertising": advertising information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at drawing attention to the object of advertising, the formation or maintenance of interest in it and its promotion in the market, as addressed to a specific person - its subscriber.

It turns out that such messages can not be recognized as advertising, because they have an appeal “to a specific person” (in this case, a “specific” person is a soulless “dear subscriber”). For all spam sms began with the phrase "Dear subscriber! To use ... blah blah blah ..... "

Those. it turns out that if they say on TV “Buy Doshirak!”, it will be an advertisement. But if they say "Spectator! Buy Doshirak! ”- this is no longer an advertisement ...

Of course, I am not a lawyer ... But the conclusion of the FAS caused me simply bewilderment. And also - a very controversial statement that “dear subscriber” is, it turns out, “a particular person” ...

Under the cut - the full version of the answer.




Yes, and something tells me that if the defendant in this case were not “MTS”, but some “Horns and Hoofs”, the decision of the FAS could be different ...

PS: For completeness, the answer from RosKomNadzora: here .