When there are too many indirect advertisements, so-called'PPL (Product Placement)' in entertainment programs or dramas, viewers complain that the context of the story is cut off or cannot be immersed.

On the other hand, when famous influencers on YouTube and Instagram describe their experience as'my money nae-san (my money and what I bought)', they often see it immersively or think that it is a product you can trust.

However, after saying'My Donnaesan', a'back advertisement' contract, which receives advertising expenses or sponsorship fees, was announced, and famous influencers and creators are constantly apologizing.

Even with their apology, consumers' anger won't cool down. There is also a lot of talk about whether you should be punished for fraud.

In [Pick Q&A], we will look at what is the difference between an indirect advertisement called PPL and a back advertisement with'My Donnaesan', and whether YouTubers who hide the back advertisement can be punished for fraud.

Q. What has recently been a problem is back advertisement or indirect advertisement?

A. Most of the problems with popular YouTubers are'back advertisements'.

Recently, the controversy over the back advertisement was ignited by stylist Han Hye-yeon and singer Kang Min-gyeong, who gained popularity with the contents of'My Donnaesan'.

Han Hye-yeon introduced a shoe that received a promotional fee of tens of millions of won, saying, ``I had a hard time finding it,'' and uploaded an apology video when it was revealed that it was a ``back advertisement''. There was controversy that Kang Min-gyeong also introduced underwear, etc. without a separate advertisement.

In this month, famous eatery YouTuber Moon Bok-hee posted an apology related to the back advertisement, and the food-banging YouTuber Ziyang also apologized for the controversy and declared his retirement on YouTube.

Q. What is the status of back advertisement on SNS?

A. Korea Consumer Agency surveyed the status of unfair social media ads from October to November last year. As a result of analyzing advertising posts from 60 of the top influencer accounts, 7 out of 10 were revealed as'back advertisements'.

Only 30% of them revealed the cost of the economy. Consumers added that there were many cases where the contents of the display were not clear or it was difficult for consumers to easily check it by displaying it in comments or more. “The back advertisement was an open secret.”

Q. Back ad vs. indirect ad, I'm confused. Is it the same or different?

A. It's a similar concept, but technically it's a little different legally.

Indirect advertisement (PPL) is a type of broadcast advertisement that exists under the Broadcasting Act. Article 73, Paragraph 2 of the Broadcasting Act stipulates that "advertising in the form of exposing the name or logo of a product, trademark, company or service within a broadcast program" is defined as'indirect advertisement'.

PPL is visible in entertainment programs and dramas as the Broadcasting Act of 2009 allowed indirect advertisements. PPL cannot exceed 5/100 of the time of the corresponding program, cannot exceed 1/4 of the screen size, and above all It is subject to strict regulations, such as having to indicate in subtitles that indirect advertisements are included.

However, YouTube is subject to the so-called Information and Communication Network Act,'Act on Promotion of Information and Communication Network Utilization and Information Protection, etc.' This is because it is classified as a value-added communication service provider, not broadcasting. Since it is not regulated by broadcasting law, it is also not regulated by'indirect advertising'. So, there is no clear concept of so-called'back advertisement' under the current law.

However, since it is an advertisement for consumers, it may be governed by the Fair Trade Commission's'Act on the Fairness of Indications and Advertisements', abbreviated as the Indication and Advertisement Act.

Q. My money-nae-san back advertisement is angry as a consumer. Can't it be punished for'fraud?'

A. It is the view of the legal profession that punishment for fraud in the criminal law can be difficult.

"Anyone who deceives a person to receive wealth or obtain property gains is subject to imprisonment for up to 10 years or a fine of up to 20 million won" is the'fraud' clause in the criminal law.

Even if the consumer is deceived by saying'my money', it is difficult to ask a YouTuber for fraud because the price of the product (delivery of goods or profits) goes to the advertiser and not directly to the YouTuber. .

I mentioned earlier that YouTube is subject to the'Mark and Advertising Act'. The Fair Trade Commission may impose corrective orders or fines for'deceptive display and advertisement' in Article 3 of the Indication and Advertisement Act. However, there is a limit to punishing YouTubers who hid back advertisements, as the Display Advertising Act itself targets'business owners'.

Q. So, is there any problem in the future even if you trick the back advertisement?

A. As I said, YouTube's back advertisement practice is deeply rooted, but there are few related sanctions, such as broadcasting-related laws and regulations.

With growing criticism that YouTube is in the blind spot of regulation, the Fair Trade Commission has announced a crackdown on'blinking advertisements' in accordance with the amendment to the'Indication and Advertising Review Guidelines on Recommendations and Guarantees, etc.', which will be implemented from next month.

YouTubers should clearly state what kind of financial compensation they received, such as financial support and sponsorship, in related content in the future. If you hide the fact that you have received financial compensation from the advertiser and advertise behind the scenes, you may be subject to penalties such as fines.

This is'News Pick'.