Vulgar advertisements are "stubble after another", and a lot of people have been fined——
Why do some brands' vulgar marketing "go forward"?
Legal sources say the current definition of "vulgar" is still ambiguous, and the rewards of a hot search may far outweigh the penalties
Our reporter Lu Yue
"Worker's Daily" (April 22, 2022 Edition 04)
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Recently, many brands have taken a slant on marketing, and vulgar advertising has once again caused controversy.
At present, there is still a certain market space for vulgar marketing, and there are still difficulties in legal identification, which makes some brands willing to take risks and try crazy on the edge of illegality.
But in the long run, companies will “pay” for their marketing practices that challenge legal and ethical bottom lines.
"No sapphire, I will not take off."
In April this year, an advertising company was fined 500,000 yuan for allegedly violating the Advertising Law and the Law on the Protection of Women's Rights in a brand advertisement of a hair removal device.
Not long ago, a brand of spicy strips caused controversy due to the erotic side-scrolling copywriting on the product packaging...
Recently, many brands have been on the hot search because of the news of "vulgar advertising" overturning.
There are also many fines for vulgar advertisements that are "stubble after another".
But why are there still brands "going ahead" of vulgar marketing, "going forward", and committing repeated crimes?
Crazy testing on the edge of breaking the law
In March this year, the above-mentioned controversial advertisement of a hair removal device brand appeared in several residential quarters, commercial building elevators and lobbies in Shenzhen.
In advertising posters, the words "I don't take off" are very prominent.
In response, the WeChat public account of "Shenzhen Market Supervision" said: "Aren't you crazy to test on the edge of breaking the law?"
In March last year, an advertisement released by Hainan Coconut Group was fined 400,000 yuan for "obstructing social public order or violating good social customs."
In the advertisement, "you will have a car, a house, a high salary, a future, and you can get rich" and "there must be beautiful and handsome guys" in the advertisement, causing controversy.
On April 12 this year, the company issued a similar advertisement again, and the new copy quietly deleted the phrase "there must be beautiful and handsome guys chasing it".
Not long ago, the advertising copy of a domestic spicy strip brand also overturned due to suspected vulgar marketing.
The outer packaging of its products is printed with the words "About", "Thief" and "Tough", which are eye-catching and prominent.
Some netizens believe that this is vulgar marketing, playing a pornographic edge.
Afterwards, the company apologized to the public, saying it would stop producing packaging for the controversial copy.
These advertisements play a big game of words, which has repeatedly caused vulgar marketing disputes. Is it deliberately done by the company, or is it that netizens have overreacted?
Is it illegal to post such an advertisement?
"This kind of behavior may be suspected of being illegal." Lawyer Zhao Hu, a partner of Beijing Zhongwen Law Firm, said that when determining whether an advertising slogan is vulgar or erotic, it should be based on facts, take the law as the criterion, and combine with the society. It is generally recognized by the public, and is ultimately determined by the market supervision and management department or judicial authority.
"Defining and judging whether an advertising slogan is vulgar or playing a pornographic borderline has different standards in different cultures and countries, but there are some common understandings." Xiong Chao, a lawyer at Beijing Jingshi Law Firm, said, "For example, it constitutes poisoning for young people. , and those that endanger social morality or the fine cultural traditions of the nation, can usually be defined as vulgar.”
The rewards of a trending search may far outweigh the penalties
According to the Advertising Law, advertisements shall comply with the requirements of building socialist spiritual civilization and promoting the excellent traditional culture of the Chinese nation, and shall not contain content that obstructs social public order or violates good social customs, and contains obscenity, pornography, gambling, superstition, terror, and violence. .
Violations will result in a fine of not less than 200,000 yuan but not more than 1,000,000 yuan.
In recent years, many companies have been fined for publishing controversial advertisements.
So, why are there still businesses "going forward" and committing crimes again and again?
"In the Internet era, the rewards of a hot search may be far greater than the punishment." Dong Yizhi, a lawyer at Shanghai Zhengce Law Firm, said that under the traffic monetization model, some businesses have taken a slant on their marketing methods, even at the edge of the legal red line. It's all about grabbing the attention of consumers.
At the same time, there are ambiguities in the identification of specific marketing behaviors as "vulgar" and "pornography", and there are difficulties in law enforcement.
In Xiong Chao's view, although the Advertising Law has drawn red lines such as not "obstructing social public order or contrary to good social customs", not "containing obscene, pornographic, gambling, superstitious, terrorist, and violent content", but these regulations have certain ambiguity and generality.
"The identification of vulgarity and pornography often belongs to the category of morality, and it is difficult to describe it with precise and clear words in legislation and judiciary." Xiong Chao said, "So, in Article 9, paragraph 11 of the Advertising Law, Space is reserved, that is, advertisements must not contain other circumstances prohibited by laws and administrative regulations.”
Zhao Hu suggested that the relevant departments or judicial organs can release a batch of cases to the public.
"This may make the boundaries of vulgarity and pornography in advertisements clearer, and can better play the educational and guiding functions of the law."
Does the "black and red" marketing approach work?
"In the current market environment, there is still a certain market space for vulgar marketing. Some companies mistake vulgarity for creativity, thinking that even if they attract infamy, but with exposure, sales will naturally increase." Dong Yizhi said, in fact, Judging from past experience, it is far from enough to rely on advertising for brand building, and some vulgar advertisements are often prone to backlash.
Last year, the Weibo topic # Those Most Destroying Three Views of Ads# appeared on the hot search, causing a huge wave on the Internet.
Judging from the comments from netizens, many people do not buy into some eye-catching advertisements.
Some netizens complained that "vulgar, now there is no bottom line"; some netizens said, "isn't it good to focus on the product itself?"; some netizens said that since a few years ago, the vulgar advertisement of a food brand that disrespected women was "disgusting". to”, “So far, when I see their products on shopping websites, I feel uncomfortable, and quickly stay away.”
"Relying on vulgar advertising to win the status of 'black and red' can attract public attention in a short period of time and cause heated discussions in the society, but this kind of marketing behavior that challenges the bottom line of laws and ethics is not a long-term development strategy. Enterprises should operate legally and with integrity. , win consumers with high-quality products and services." Zhao Hu said.
Xiong Chao also holds the same view.
In his view, with the rapid development of the market and the improvement of relevant systems, the products marketed by merchants through vulgar or eroticism will definitely not become the permanent choice of consumers. big loss".