Criminal Liability of Users of Electronic Advertising Services that are Fraudulent in the Advertising Program of Electronic System Providers

Abstract

Law enforcement against advertising fraud in the digital space encounters several challenges, including regulatory gaps, ambiguous interpretation of the ITE Law, and the need for collaboration between the government, platform providers, and consumer awareness. This study aims to examine the criminal liability and legal consequences for users of electronic advertising services who place fraudulent ads through electronic system providers' advertising platforms.

Using normative legal research with statutory and conceptual approaches, this study analyzes primary legal materials such as the ITE Law, Consumer Protection Law, and Broadcasting Law, supported by relevant legal literature. The analysis is conducted descriptively and prescriptively to address the core legal issues.

The findings indicate that placing fraudulent advertisements through digital platforms may result in criminal sanctions, including prosecution, fines, or imprisonment. In addition to individual liability, corporations involved may face administrative penalties, such as license revocation, as well as civil lawsuits. These legal consequences can lead to substantial financial losses and reputational damage. Therefore, users of electronic advertising services—whether individuals or corporations—bear significant legal risk when engaging in fraudulent advertising practices.