Thesis · September 018 citations reads 199 author: Some of the authors of this publication are also working on these related projects
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- Thesis · September 2018 CITATIONS 0 READS 199 1 author
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See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/347516765 NAGOYA UNIVERSITY Graduate School of Law Doctoral Dissertation Misleading Advertising Regulation in Uzbekistan: Analysis of Legal Standards Thesis · September 2018 CITATIONS 0 READS 199 1 author: Some of the authors of this publication are also working on these related projects: Misleading adveritising regulation in CIS View project Bakhshillo Khodjaev Tashkent State University of Law 6 PUBLICATIONS 0 CITATIONS SEE PROFILE All content following this page was uploaded by Bakhshillo Khodjaev on 21 December 2020. The user has requested enhancement of the downloaded file. NAGOYA UNIVERSITY Graduate School of Law Doctoral Dissertation Misleading Advertising Regulation in Uzbekistan: Analysis of Legal Standards The LL.D. (Comparative Law) Program in Law and Political Sciences (2014-2018) Student name: KHODJAEV Bakhshillo Student ID number: 431404102 Academic supervisor: Professor Hayashi Shuya Sub-supervisor: Professor Suzuki Masabumi Sub-supervisor: Professor Mizushima Tomonori Date of Submission: Abstract An advertisement provides flow of commercial information from manufacturers to consumers, which consequently effects on consumers` choice regarding a product. Therefore, each manufacturer tries to persuade consumers about product characteristics, but the persuasive information can become deceptive when manufacturer attempts to manipulate consumers. Since such advertising creates unfair advantages for its distributer and misleads consumers affecting their purchasing decision, the government has to regulate it by setting legal standards concerning deception. Deception standard was originated in the USA and has been implemented commonly in legal systems. However, it is not applicable to Uzbekistan due to specific legal concept so-called improper advertising, which contains standards unrelated to deception such as non-content regulation and substantiation standard. The formation of such external factors was a result of misunderstanding and misimplementation of the Commercial Speech Doctrine and Consumerism issues. The enforcement authority is unwilling to exclude external factors from deception standard because their existence in the legal framework provides government`s administrative interest to keep control over advertising. Moreover, such entangled legal framework of improper advertising gives the enforcement agency an opportunity to unreasonably intervene to the commercial speech of entrepreneurs. This situation causes disbalance of interests in advertising market. In fact, the government`s interest to control commercial information flow becomes superior rather than competitors and consumers interests. The main principle of Commercial Speech Doctrine on limitation of government intervention does not work in practice. Theoretical implication of the research suggests to regulator to take into account external factors in addition to balance of interests. Accordingly, the legislative proposal of the research aims to separate deception standard from external non-deception standards. Moreover, the research recommends to enforcement body to make more concentration on deception rather than external factors in order to use deception standard more actively in practice. Since same problems have appeared in Russia and the CIS countries, the research proposal can be applied to these countries as well. Yüklə 0,5 Mb. Dostları ilə paylaş:
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