Surely you know it, when you are browsing the Internet, ads pop up for miraculous skin products, weight loss or quick and easy earning, supported by a photo, quote or even an article by a famous sportsman, celebrity or other public figure. In recent years, such advertisements have appeared, using, for example, a fake interview with former Prime Minister Andrej Babiš, an advertisement with the now-deceased Petr Kellner enticing with dizzying daily earnings or Facebook profiles of Tomáš Klus offering miraculous products.

The question is, how can one fight such deceptive advertising?

Pursuant to Act No. 40/1995 Coll., on the regulation of advertising, the producer of an advertisement is fully responsible for the content of the advertisement, if it has been processed for his own use. If the advertisement has been processed for the needs of another person, whether a legal entity or an individual, the processor and the advertiser are jointly and severally liable for its compliance with the law.

If the processor and/or the advertiser of such advertising is traceable, in case of abuse and interference with the personal or copyright of a public figure, it is possible to demand that the interference be refrained from or that the harmful effect of such interference be eliminated. There is, of course also the possibility of subsequently requesting adequate compensation for the non-pecuniary damage caused, in particular in the form of an apology or monetary compensation, if an apology would not be sufficient. It is also possible to take the route of public law by filing a criminal complaint, for example for the crime of fraud or copyright infringement.

But what to do if the originator of the harmful advertising is unknown?

Such cases are unfortunately the majority. The originators of fraudulent advertisements usually do not come from the Czech Republic and their domains are registered in countries outside the European Union or in a country, where it is impossible to trace the originator. The practical solution to seek protection in this case is to contact the advertiser, which in the vast majority of cases will be Google or Meta (Meta owns Instagram and Facebook, among other social networks), to alert them to illegal practices and violations of their advertising policies. In these cases, the response is usually quite fast and the ads are withdrawn within several days.

The logical, and nowadays common, reaction of celebrities is to publish posts or stories on social networks, where they distance themselves from the product and point out that they have been the target of fraudulent advertising. Filing a criminal complaint against an unknown offender is also an option. However, it is unlikely that the celebrity would be able to get anything through such a criminal complaint.

How can a deceived person defend themselves against fraudulent advertising?

Unfortunately, it does not have many means of defence. Caution and a critical approach to evaluating information and advertising on the Internet in general is essential. Probably the most effective weapon is reporting and blocking fraudulent ads and sites. After all, both Meta and Google have relatively simple reporting mechanisms. In the case of pharmaceuticals or miracle pills, it is possible to check the website of the State Institute for Drug Control, which maintains a list of websites with illegal offers of unapproved products. The Czech Trade Inspection Authority also maintains a list of risky e-shops and warns against buying from these e-shops. 

As already mentioned, tracking down advertisers is often impossible and can be a time-consuming and financially draining task. American actor Clint Eastwood managed to follow through with such a case by suing several companies that deal in cannabis and cannabis substances for misusing his name. The online article promoting the cannabis products included a fake interview that gave the impression that it took place on NBC’s popular USA Today show, and included the actor’s real photo from his appearance on the show and a link to purchase the cannabis products. The actor was eventually awarded damages of USD 6.1 million from a Lithuanian company for unauthorized use of his name and likeness.

Author: Veronika Odrobinová, Tomáš Přibyl