Protecting the Online Consumer in the Face of Online Advertising and Pre-Contractual Media: A Comparative Study

Abstract

Electronic advertising is a key tool for promoting goods and services online but poses risks such as fraud and misleading ads, which can weaken the consumer’s position in contractual relationships. Legislation requires clear and comprehensive information on price, payment, delivery, supplier identity, product nature, and post-sale rights to ensure informed decision-making. Modern legislation has regulated the protection of the electronic consumer from the risks associated with electronic advertising. Law No. 02-04 defined electronic advertising and criminalized misleading advertisements, while Law No. 05/18 on Electronic Commerce emphasized the clarity of advertisements and the provision of accurate and comprehensive information about goods and services. Additionally, Law No. 6 of 2022 on Electronic Transactions affirmed the consumer’s right to electronic information before contracting and obliges the professional to provide the essential data regarding the product or service. Comparative legislation demonstrates the extent to which these laws aim to organize the protection of the electronic consumer and ensure credibility and transparency in all digital transactions.