1.9. Roadmap: Outline of the dissertation
The dissertation consists of introduction (Chapter I), background information (Chapter II),
comparative analysis (Chapters III, IV, V) and conclusion (Chapter VI). Chapter I makes an
introduction to the topic by explaining socio-economic background of the issue in Uzbekistan that
needs proper regulation. The introductory chapter also shows the conceptual and theoretical
framework of misleading advertising regulation in a nutshell.
Chapter II of the research provides fundamental information analysis on legal requirements
for misleading advertising to understand common and different nature of legal requirements in
jurisdictions affected Uzbek law. The second chapter also demonstrates interdisciplinary analysis
of legal and non-legal theories to show that there are economic and cognitive theories behind legal
regulation which has an impact on the structural development of legal requirements.
Chapter III of the dissertation concentrates on analysis of the USA as a country which
generates theoretical and legal framework for misleading advertising. The chapter shows that
adoption of Consumer Bill of Rights established key principles of consumerism and public policy
46
Richards, Deceptive Advertising, 1990.; Christine Jolls, Cass R. Sunstein, and Richard H. Thaler, A
Behavioral Approach to Law and Economics, Rochester, NY, SSRN Scholarly Paper ID 74927 (Social Science
Research Network, April 9, 1998).; Jef I. Richards, “Theory and Law,” in Advertising Theory, 1 edition (New York:
Routledge, 2012).
concerning advertising regulation, which consequently changed traditional deception standard by
adding requirements such as materiality of representation and reasonable consumer. Finally, the
chapter analyzes recent discussions on prior substantiation doctrine and concludes that external
factors such as substantiation standard has started to affect on misleading advertising regulation.
Chapter IV provides features of improper advertising regulation in the Russian Federation.
The chapter shows that Commercial Speech Doctrine is implemented as constitutional principle
of information freedom, however Federal Advertising law gives priority to the public health rather
than commercial speech protection. The chapter demonstrates that even though the FAS attempts
to use general impression principle to identify a meaning of advertising, such evaluation of
advertising content still relies on reliability standard which requires to substantiate advertising
claims with relevant documents.
Chapter V demonstrates regulatory approach on improper advertising in Uzbekistan by
critically analyzing relevant concepts and legal standards as well as their application in practice.
The chapter shows that the legal concept of improper advertising contents irrelevant legal standard
such as non-content regulation and substantiation standard, which the legislature added as a result
of misunderstanding Commercial Speech Doctrine and Consumerism issues. The chapter
concludes that the practice still suffers from superiority of such external factors and lack of
voluntary compliance program, which makes co-regulation very weak and enforcement inefficient.
Based on these findings, the research suggests to make deception concept more clear by
separating deception standard from existed external factors so that the enforcement authority will
be able to use deception standard more actively in practice. From theoretical perspective, the
research proposal requires comprehensive approach that takes into account not only providing
balance of competing interests in advertising regulation and theories behind them, but also impacts
of external factors on regulation of improper advertising. The proposal is applicable not only to
Uzbekistan, but also to Russia and other CIS countries. The future agenda of the research opens
up new perspectives for academic discussions regarding regulation of misleading advertising in
the CIS countries in terms of how to deal with new types of deceptive selling tactics.
View publication stats
Dostları ilə paylaş: |