Using legal means to curb internet advertising chaos

2023-05-18

In recent years, with the development of information technology and the popularization of online consumption, internet advertising has gradually entered people's daily lives. While bringing convenience to people, it has also caused many negative problems. Recently, the State Administration for Market Regulation has formulated and implemented the "Measures for the Administration of Internet Advertising" (hereinafter referred to as the "Measures"), which have put forward new and stricter requirements for the production, release, dissemination, and other activities of Internet advertising. Clarify the definition and requirements of internet advertising. Nowadays, internet advertising is ubiquitous, presenting diverse, diversified, and covert characteristics. Advertising forms, business models, and delivery methods are constantly emerging. The regulatory ideas and methods formed under the traditional economic background urgently need to be adjusted. In response, the "Measures" have changed the previous enumeration provisions for internet advertising, defining internet advertising with general and principled provisions. Any behavior that uses websites, web pages, or internet applications within China to promote goods or services in the form of text, images, audio, video, etc. can be recognized as internet advertising. This definition expands the scope of internet advertising from a normative perspective, leaving ample space for the regulation of internet advertising. At the same time, the "Measures" clearly stipulate that internet advertising should ensure the authenticity of content, comply with legal regulations, have healthy forms of expression, and comply with socialist core values. Establish a "behavioral exclusion zone" for internet advertising. The "Measures" clearly include e-cigarettes in the "blacklist" of internet advertising, stipulate that "it is prohibited to use the internet to publish e-cigarette advertisements" and "e-cigarettes shall not become the content of internet advertising", and cut off the channels for e-cigarettes to be promoted through the internet. The medical industry is related to the vital interests of the people, and stricter review mechanisms must be established for the publication of advertisements in this industry. Therefore, the "Measures" stipulate that "medical advertisements shall not be published in disguised form" and "prescription drug advertisements shall not be published using the Internet", enhancing the awareness of various entities in the medical industry to operate in accordance with the law. In addition, the "Measures" comprehensively consider the elements of "content carrier form audience" in internet advertising, and clarify the compliance boundary of internet advertising. By clarifying the scope, subject, and behavior mode of prohibitive provisions, the illegal and irregular behavior of internet advertising is curbed from the source. Classify and clarify the regulatory standards for internet advertising. In order to regulate internet advertising behavior and improve the pertinence and operability of regulation, the "Measures" follow a legislative approach of classification and layering, and classify internet advertising into different types based on its form and placement methods, such as pre examination, bidding ranking, algorithm recommendation, and live promotion. They also improve the regulatory standards for various types of advertising. Through these typified regulations, the Measures have refined the regulatory requirements for various types of internet advertising, enhanced the predictability and operability of regulations, and laid a solid foundation for maintaining the order of the internet advertising market. Consolidate the main responsibility and regulatory responsibility of internet advertising. The Measures actively respond to social concerns, clarify the behavioral norms of internet advertising related entities, and further refine specific provisions on legal responsibility. Based on the different situations of the digital economy, the "Measures" will compact the responsibilities of advertising operators, publishers, spokespersons, and internet platform operators

Edit:Ying Ying    Responsible editor:Shen Chen

Source:GMW.cn

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