This research examines the crime of violating the obligations of advertising agencies by analyzing its legal nature and the legal basis upon which it is founded. It also studies the general elements of this crime, represented by the material (actus reus) and moral (mens rea) elements, as well as the specific elements manifested in the status of the offender in the crime stipulated in Article 8 of Law No. 45 of 1971, and the specific criminal intent in the crime stipulated in Article 403 of the Penal Code.
The research concludes with several findings, most notably that the crime of violating the obligations of advertising agencies is a crime of endangerment rather than a crime of harm. It also proposes several recommendations, foremost among them the need to amend the penalty for the crime of violating the obligations of advertising agencies, and to amend the Consumer Protection Law in a manner that ensures advertising agencies’ compliance with refraining from publishing any advertisement that may be misleading or deceptive to consumers.