Various kinds of vulgar discrimination and false advertisements emerge one after another, expert advice
Implement joint punishments on companies that publish false advertisements
□ Our reporter Han Dandong
□ Wang Qi, an intern of our newspaper
Recently, when the talk show actor Li Dan brought goods for a certain underwear brand on his personal social platform, he was accused of discriminating against women in the workplace because of the words "let women lie down to win the workplace" in the copywriting.
Subsequently, Li Dan expressed improper wording and deleted the relevant content.
Earlier, "Tea Yanyue Se" also apologized for being accused of insulting women, and the "general doctor universe" that became popular on the Internet because of a sentence "violating the ancestor's decision"...Various vulgar, discriminatory and false advertisements emerged endlessly, triggering netizens Our discussion on "Where is the scale of advertising?"
In this regard, a reporter from the Rule of Law Daily conducted an interview.
Ad placement is everywhere
Seriously affect user experience
"When opening any game interface, there will be advertisements, and then I have to carefully turn off these advertisements, because if I accidentally click on those pages, I either recommend downloading a certain App or recommending a certain product. What's more annoying is that, Some ads pop up automatically when playing games, which really affects the gaming experience." said Wu Qi (pseudonym), a college student who often plays games.
A reporter from the "Rule of Law Daily" found that almost all apps will display advertisement pop-ups or advertisement links. In search engines, advertisements are always in front of key information, which overwhelms practical information to a certain extent.
For example, if you enter "How to settle in major first-tier cities" in a search engine, the first thing you see is "I wish you easy settlement in Shanghai", "One-stop service" and "How to buy a house with a foreign household registration". The request to add WeChat or call for consultation has no substantive content.
According to the survey, the current film and television dramas have also implanted advertisements in various ways, and the types of implanted advertisements have also been questioned by users.
The TV series "Gu Jian Qi Tan" and "Country Love Story" have 58 city advertisements, the cartoon "Modern Primitive Fred Flinstone" has tobacco ads, and "Three Lives Three Worlds Ten Miles of Peach Blossoms" has herb-flavored ads.
This year's Spring Festival movie "Detective Chinatown 3" was even more popular because of the harsh advertising placement.
According to relevant regulations, starting from January 1, 2012, when TV stations across the country broadcast TV dramas, no advertisements may be inserted in each episode of TV dramas.
Therefore, soft advertising came into being.
The so-called soft advertising refers to not directly introducing products and services, but inserting subjective pictures or short films through television dramas, movies and other carriers, thereby increasing brand awareness.
"These implanted advertisements have too much influence on the movie-watching experience. In some dramas, the previous situation and the next episode preview are removed, and the rest are almost all actors reading the advertisements." Netizen Wang Ai (pseudonym) said.
In August 2020, New Oriental Education launched a set of advertisements titled "Children Wuji" on Shenzhen Metro Line 1. The copy included "Dad, I want to marry you when I grow up!" "Mom, when I grow up I want to marry you!".
The customer service staff of New Oriental said, “The starting point of the copywriting is mainly to express the love for mom and dad in a childish manner from the simple point of view of children.”
Coincidentally.
In April 2020, an advertisement appeared at Nanning Metro Station in Guangxi also caused controversy. The copy was "Little Loli! Do you like reading? Uncle likes to see you too"
In this regard, a student’s parent commented: “After reading this slogan, it’s scary. There have been too many incidents of sexual assault and child molestation in reality. A public service advertisement has to challenge the ethical bottom line.”
A relevant person in the industry told a reporter from the Rule of Law Daily: “Such advertising slogans seem to be heart-warming, humorous, and playful, but they actually touch the bottom line of ethics and are high-level blacks.”
Ads that challenge the nerves of users are also widespread.
A huge outdoor billboard in Yinchuan, Ningxia, said "Want to take possession of me? Let's go!", and the previously controversial coconut milk advertisement "I grew up drinking", accompanied by a full body dress Women in suspenders skirts.
Proliferation of false and illegal advertisements
Easy to deceive and mislead the masses
Recently, a video featuring quotations from many "genius doctors" became popular on the Internet.
In the video, different geniuses wore similar national costumes and made serious expressions. They solemnly said to the camera: "I am almost ×× years old this year. If I were alone, I would be exhausted and unable to cure it. Many patients. So I struggled over and over again for a month, and finally made a decision that went against my ancestors and gave out the secret recipe passed down from my ancestors free of charge and let the pharmaceutical factory mass produce it so that even if I am gone, this secret recipe can continue to save people."
This collection of videos was dubbed by netizens as the "genius doctor universe".
Behind the "Genius Doctor Universe" is a unified script, a set of idioms.
Professional and serious medical problems are wrapped up in a set of rudimentary rhetoric, and those "general doctors" who seem to be highly respected are probably just actors acting according to the script.
The suspected false propaganda is far more than these "magic doctors". On the official website of the Advertising Supervision and Management Department of the State Administration for Market Regulation, reporters from the Rule of Law Daily inquired about a large number of false and illegal advertising cases, including:
Shandong Tianchen Nano Bioengineering Co., Ltd. issued an illegal drug advertisement case. In order to promote product sales, the party falsely claimed to have obtained a patent on the outer packaging of the antibacterial spray it sold and marked the terminated patent.
Shandong Qushi Zufang Biological Technology Co., Ltd. issued a false advertising case. The parties involved released cosmetics advertisements containing "freckle, scar, and acne" content through the packaging of their products.
The parties concerned cannot provide relevant certificates claiming the effects of "freckle removal, scar removal, and acne removal". The relevant advertisements deceive and mislead consumers with false or misleading content, which constitutes false advertisements.
Xianning Anju Engineering Development Co., Ltd. issued a false advertisement case. The parties used light box advertisements in the marketing hall to publish content including "entry to Xianning Wenquan Middle School and Experimental Primary School with a house purchase contract." Scope, the real estate of the parties involved is not within the scope of the 2020 enrollment area of the above-mentioned school, which constitutes a false advertisement.
The bottom line of advertising is legal
Must not violate public order and good customs
Regarding the issue of advertising standards, Zhu Xiaofeng, an associate professor at the School of Law of Central University of Finance and Economics, believes that advertising standards should adhere to three principles: First, it is true and not illegal. The Advertising Law clearly stipulates the prohibited areas of advertising activities, and all advertising activities should be The minimum goal is not to violate the mandatory provisions of the law; the second is not to violate the public order and good customs; the third is to strive to meet the advocacy requirements stipulated in Article 4 of the Advertising Law, that is, the advertisement should express the advertising content in a healthy form and promote the socialist spiritual civilization Build and promote the excellent traditional culture of the Chinese nation.
Liu Deliang, professor of Law School of Beijing Normal University and director of the Asia Pacific Network Law Research Center, introduced the new problems faced by advertising supervision in the information network era: "In the information network era, the cost of information publishing and dissemination is very low, the efficiency is very high, and the audience is very wide. Therefore, everyone can become a self-media, and everyone can publish advertisements. However, the Internet law is basically based on the background of the traditional era and supervises the publishing of advertising content, which cannot adapt to the background of the new era."
Turning to the issue of advertising chaos, Zhu Xiaofeng suggested that the administrative department should strengthen supervision.
The first is to strengthen coordination and strengthen coordination and linkage.
The management of advertising chaos involves multiple departments. Inter-departmental communication channels should be established to realize the sharing and comprehensive utilization of monitoring data, promote the exchange of advertising supervision data, and establish and improve the supervision information feedback processing mechanism and the supervision law enforcement linkage mechanism.
The second is to strengthen credit supervision, promote coordinated governance, establish inter-departmental enterprise credit information sharing and a joint punishment mechanism for dishonesty, put seriously illegal and dishonest companies into the "blacklist", and implement credit restrictions and credit restrictions for companies that publish false advertisements and other serious circumstances. Joint disciplinary action by departments has achieved "one illegality and restrictions everywhere."
The last is to strengthen innovation and improve the effectiveness of supervision.
In the digital age, digital technology should be effectively used, information collaboration with enterprises, industry associations, media, Internet platforms, etc. should be strengthened, and big data should be used to strengthen service and supervision of market entities, and promote social co-governance.
Fully implement the requirements of the "Implementation Outline for the Construction of a Rule of Law Society (2020-2025)", adhere to the principles of legal supervision, simple supervision, prudential supervision, comprehensive supervision, smart supervision, and coordinated supervision, and enhance the effectiveness of advertising market supervision, while promoting the "Internet + supervision" ", make full use of the big data of local advertising supervision, improve supervision efficiency, strengthen early warning research and judgment, command dispatch, and coordinated supervision.
"Law enforcement agencies must change their concepts and make full use of big data, artificial intelligence and other technologies to conduct online and real-time supervision. At the same time, they can also mobilize the general public to participate in reporting illegal acts by establishing a reporting reward mechanism. In addition, they should increase the number of illegal acts in accordance with the law. The degree of punishment for the crime." Liu Deliang said.