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온라인광고 법 제도 가이드북

IT's me 2020. 9. 9. 14:14

온라인광고 법 제도 가이드북에 대해서 정리해봅니다.

온라인광고 법 제도 가이드북은 허위·과장 광고 및 불법 광고로 인한 피해가 증가하여 온라인광고 산업 발전에 부정적인 영향을 미치고 있는 바, 각 법률에 산재되어 있는 광고 관련 법규를 쉽게 정리하여 실무자들의 법률적 업무 편의를 도모하고, 업계의 자율적인 불법·유해 광고 근절 노력에 도움을 드리고자 제작되었습니다.

2019년_온라인광고_법제도_가이드북.pdf

4.39MB

Ⅰ. 온라인광고 의의

1. 온라인광고의 정의 및 특징

o 온라인광고란 광고주가 자신 또는 재화 등에 관한 사항을 정보통신망을 통하여 이용자, 그 밖의 다른 사람에게 널리 알리거나 제시하는 행위 또는 그 정보를 말하며 유선인터넷 기반 인터넷광고와 무선인터넷 기반 모바일광고 등으로 나뉨

o 광고매체로서의 온라인은 다양한 장점을 가지고 있어서 장기적으로 기존 매체를 상당 부분 대체해 나갈 것으로 예상
- 이용자와의 쌍방향 커뮤니케이션이 가능하고 시간적 공간적 제약이 없기 때문에 무한한 정보 제공이 가능하며 광고 노출 및 매출 효과 측정용이

o 온라인광고 시장의 주요 구성원은 광고주, 광고대행사, 매체대행사(미디어렙) 및 미디어(매체사)로 구분할 수 있음

o 최근에는 스마트디바이스, VR 등 유관기술 발전에 따라 새로운 유형의 온라인 광고가 지속적으로 출현하고 있음
- AR 증강현실 광고 및 VR 기기 전용 360도 3D 광고 등 다양한 가상현실 광고기법 등장

2. 온라인광고 현황

o 온라인광고시장은 2019년 6조 5,291억 원 규모로 전년대비 약 14.2% 성장하는 등 꾸준한 성장세를 보이고 있음
- 2019년 전체 광고시장 대비 온라인광고 점유율은 47%로 매체 중에서 가장 높은 점유율을 차지함

<매체별 국내 광고시장 규모>

(단위 : 백만원, %)

3. 온라인광고의 유형

o 현재 국내 업계에서는 온라인광고를 크게 형태적으로 보아 디스플레이 광고 (DA)와 검색 광고(SA)로 분류

<온라인광고 유형 분류표>

4. 본 가이드의 적용 범위

o 본 온라인광고 가이드북에서는 다양한 매체사 중 온라인 주요 포털사이트에 집행되는 광고를 중심으로, 이에 관련 법률적 확인사항들을 제시함
- 앞에서 분류한 온라인광고의 유형을 온라인광고 범위로 설정

Ⅱ. 온라인광고 제작 시 법률적 확인사항

<온라인광고 관련 일반 법령 요약표>

Ⅲ. 온라인광고 법 제도 가이드북 목차

제1장 일반 가이드

Ⅰ. 온라인광고 의의 ·······················································································································1
1. 온라인광고 정의 및 특징 ·······································································································1
2. 온라인광고 현황 ·······················································································································2
3. 온라인광고 유형 ·······················································································································3
4. 본 가이드 적용 범위 ···············································································································4

Ⅱ. 온라인광고 제작 시 법률적 확인 사항 ·············································································5
1. 부당한 표시·광고 행위의 금지 ····························································································6
가. 거짓 과장광고 ·························································································································8
나. 기만적인 광고 ·······················································································································11
다. 부당한 비교 광고 ·················································································································15
라. 비방광고 ·································································································································18

2. 불법·유해광고 표현 금지 ····································································································20
가. 음란성 표현 ···························································································································20
나. 사회 통념을 저해하는 표현 ·······························································································22
다. 주체별 광고 금지 ·················································································································23
라. 대상별 광고 금지 ·················································································································23
마. 환경 관련 표현의 부당한 표시·광고 금지 ······································································23

3. 권리 침해 금지 ·······················································································································25
가 지식재산권 침해 표현 ········································································································25
나. 인격권 등 침해 표현 ·········································································································29
다. 패러디 광고 ···························································································································30
라. 기타 권리 침해 표현 ·········································································································31

4. 청소년 대상 제한 표현 ·········································································································32
가. 선정성 표현 ···························································································································33
나. 폭력성 혐오성 표현 ···········································································································34
다. 반사회성 표현 ·······················································································································35
라. 어린이 기호식품 ·················································································································36
마. 기타 확인사항 ·····················································································································38

Ⅲ. 온라인광고 집행 시 확인 사항 ···························································································41
1. 애드웨어 관련 확인사항 ·······································································································42
2. 이용자 정보를 활용한 광고 관련 확인사항 ···································································44
1) 온라인 맞춤형 광고 ···············································································································44
가. 개 요 ·····································································································································44
나. 온라인 맞춤형 광고 개인정보보호 원칙 ·········································································46
2) 위치정보를 활용한 광고 ·····································································································55
가. 개 요 ·····································································································································55
나. 위치정보 관련 확인사항 ·····································································································55
3) 광고성 정보 전송의 제한 ···································································································58
Ⅳ. 온라인광고 심의 ·····················································································································60
1. 심의 개요 ·································································································································60
2. 심의기관 현황 ·························································································································61

제2장 품목별 가이드

2장 품목별 가이드에는 건강식품건강기능식품 광고, 게임물 광고, 결혼중개업 광고 및 상조서비스업 광고, 금융투자 상품 광고, 담배광고, 대부업 광고, 부동산 부동산개발 등 광고, 사행산업 광고, 생명보험 광고, 손해보험 광고, 선거 광고, 식품광고, 영화 및 비디오물 광고, 의료 병원 광고, 의료기기 광고, 의약품 및 의약외품 광고, 주류 광고, 화장품 광고, 통신판매 및 전자상거래 광고

의 개요, 정의, 온라인광고 가이드, QNA로 구성되어있습니다.

제3장 부록

[부록]
제1장 광고 관련 법령 및 고시
1. 광고 규제 등과 관련 된 법령 ·································································································1
2. 품목별 관련 규정(자율규정 및 고시) ·····················································································2
제2장 매체별 광고 집행 기준
1. Display AD 집행기준 ··············································································································4
가. 네이버(Naver㈜) Display AD 집행기준 ············································································4
나. 다음(㈜카카오) Display AD 집행기준 ·············································································19
다. SK컴즈(SK커뮤니케이션즈㈜) Display AD 집행기준 ···················································30
2. Search AD 집행기준 ···············································································································42
가. 네이버(Naver㈜) Search AD 집행기준 ············································································42
나. 다음(㈜카카오) Search AD 집행기준 ···············································································71
다. SK컴즈(SK커뮤니케이션즈㈜) Search AD 집행기준 ·····················································97
3. 해외 매체 광고 집행기준 ····································································································· 104
가. 구글(Google) 광고 정책 ····································································································104
나. 페이스북(Facebook) 광고 정책 ························································································141