Zhongxin Finance, February 9. Recently, the Shanghai Municipal Bureau of Market Supervision issued the "Guidelines for the Compliance of Commercial Advertising Endorsement Activities" (hereinafter referred to as the "Guidelines") to define advertising spokespersons and advertising endorsement activities.
The "Guidelines" make it clear that an advertising spokesperson refers to a natural person, legal person or other organization other than the advertiser who recommends or certifies goods and services in their own name or image in an advertisement.
Advertising endorsement activity is a commercial advertising activity in which an advertising spokesperson is entrusted by an advertiser (commodity operator or service provider) to recommend and prove the advertiser's goods or services in his own name or image in the advertisement.
The "Guidelines" mentioned that for some well-known subjects, such as: well-known literary and art workers, well-known sports workers, experts and scholars, "Internet celebrities" and other star artists, social celebrities, etc., because of their high identity recognition, Although the identity is not indicated in the advertisement, if the public can identify its identity through its image, it belongs to the advertisement endorsement in its own image and using its own independent personality, even if it is in other identities that are not well known to the public, such as "× ×Experience Officer” and other recommendations for certification cannot change the identity characteristics of the advertising spokesperson.
In addition, in the online live broadcast activities, if the live broadcast content constitutes a commercial advertisement, and participating in the online live broadcast, recommending or certifying the goods and services in their own name or image, they shall fulfill the legal responsibilities and obligations of the advertising spokesperson; In the program, the participating star artists, social celebrities, etc., have recommended and certified the implanted goods and services in their own name (such as through creative interposition, plot design and other advertising forms), which meet the definition of advertising spokesperson and should be fulfilled. Legal Responsibilities and Obligations of Advertising Spokespersons.
The "Guidelines" also clarifies that advertisements for medical treatment, medicines, medical devices, health foods, and formula foods for special medical purposes shall not use advertising spokespersons as recommendations or certifications; education and training advertisements shall not use scientific research units, academic institutions, educational institutions, industry associations, professional The name or image of the person or beneficiary shall be used as recommendation or certification; investment promotion and other commodities or services with expected return on investment shall not be recommended or certified by the name or image of academic institutions, industry associations, professionals and beneficiaries; food advertisements shall not use the name or image of food Inspection agencies and food industry associations recommend to consumers; consumer organizations may not recommend goods and services to consumers in commercial advertisements by charging fees or other profit-seeking methods; product quality inspection agencies may not recommend producers to the society in commercial advertisements The product.
The "Guidelines" mentioned that advertising endorsement activities should adhere to the correct orientation, and the following orientation problems should not occur.
Including the use of star artists who have committed illegal crimes, violations of public order and good customs, etc. to carry out advertising endorsements; use serious political issues to carry out commercial propaganda, spoof classics, distort history and other illegal commercial marketing propaganda; promote money worship, hedonism and extravagance, extravagance and waste , "Niangpao", "Danmei" and other bad cultures; hype up personal privacy, soft pornography and other vulgar, vulgar and kitsch phenomena.
The "Guidelines" also require that advertisers choose their spokespersons carefully. Before organizing an advertising endorsement activity, they need to conduct background content review and daily conduct investigations on the advertising spokesperson, and do not select minors under the age of ten to serve as advertising endorsements, so as to avoid illegal choices. Celebrities who commit crimes, violate public order and good customs, or make recommendations in false advertisements, or natural persons, legal persons, or other organizations that have been given administrative punishment for less than three years to endorse advertisements.
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