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Law

Don't let embedded advertising play a legal "edge ball"

2022-02-25   

When watching film and television programs, the problem of embedded advertising has become the trouble of many viewers: from e-commerce platform to food, there are many kinds of embedded advertising; From the scene to the plot, from the lines to the props, the implantation methods are also varied... Different from ordinary commercial advertisements, the implantation advertisements are bundled with film and television programs, and the audience cannot choose not to watch the advertisements when watching the programs. At present, some embedded advertisements have problems such as pulling a hard cover regardless of the film and television plot, and the length of patch advertising is too long. This will not only reduce the audience's viewing experience, but also may be suspected of violating laws and regulations, hiding the risk of false and exaggerated publicity and infringing on consumers' rights and interests. Whether in terms of protecting the legitimate rights and interests of users or standardizing the order of the advertising market, it is necessary to further standardize embedded advertising. For a long time, China has made a lot of efforts to strictly regulate advertising activities and protect the legitimate rights and interests of consumers. In 2015, the advertising law was revised to conduct all-round supervision on advertising; In 2016, the Interim Measures for the administration of Internet advertising and the Interim Measures for the promotion and administration of public service advertising were issued; In November last year, the State Administration of Market Supervision announced the measures for the administration of Internet advertising (Draft for public comment), which responded to social concerns and further strengthened the system and regulations in the fields of pop-up advertising "one click off" and embedded advertising. These laws and regulations provide the institutional basis and basis for the standardization and governance of embedded advertising. However, some specific legal provisions related to implant advertising are still in a vague zone, such as the maximum length of implant advertising, what kind of advertising can be matched under different circumstances, etc. Based on this, compared with the prudence in choosing to speak for ordinary advertisements, some stars and celebrities often speak for implanted advertisements at will, and their awareness of preventing the risk of illegal and false endorsement is not strong, resulting in frequent "rollover" farces. Advertising businesses often intentionally or unintentionally play the legal "edge ball", which brings certain challenges to the supervision of relevant departments. Let the implanted advertisement always be under the supervision of the law. On the one hand, the management department should update the supervision rules and strengthen the supervision to gradually standardize the implanted advertisement; On the other hand, advertisers and product spokesmen should also enhance their sense of social responsibility and treat implanted advertisements carefully. Recently, relevant local departments have begun to take measures to refine and strengthen the management rules of implanted advertising. Not long ago, the Shanghai Municipal Market Supervision Bureau issued the guidelines on the compliance of commercial advertising endorsement activities, pointing out that in the variety show with commercial implanted advertisements, the participating star artists and social celebrities have recommended and proved the implanted goods and services in their own name, which is in line with the definition of advertising spokesperson and should fulfill the legal responsibilities and obligations of advertising spokesperson, Accurate and standardized endorsement activities. At the same time, making embedded advertising more standardized is inseparable from the operation platform and program producers to consciously form respect and awe for the laws and market rules, effectively control the "content" of advertising and consciously abide by the legal boundary. Only by winning public praise can we win the market. Carrying the rights and interests of consumers, use experience and social responsibility on their shoulders and respecting the laws and rules in their hearts is not only the inevitable choice for businesses to go steady and far, but also the key to win users and move towards the long term. (outlook new era)

Edit:Luo yu Responsible editor:Wang xiao jing

Source:people.cn

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