Where is the problem?
Jiangnan Buyi's children's clothing reproduction "strange style" picture people can't help but ask:
□ Our reporter Zhao Li
□ Chen Lijia, an intern of this newspaper
In the past two days, the clothing brand Jiangnan Buyi has stood on the cusp of public opinion because of its children's clothing reappearing "strange style" pictures.
Some netizens broke the news that the pattern on a children's clothing of Jiangnan cloth is eerie - a child in the picture falls in front, his limbs are twisted, and there is a translation that reads "I'm scared, I want them to stop, I don't want to. Landing like this, no!!!” English text.
In this regard, the market supervision department acted quickly.
On May 31, the Hangzhou Municipal Market Supervision Bureau of Zhejiang Province announced that the market supervision departments at the two levels in the urban area conducted on-site inspections of the relevant problematic children's clothing patterns of Jiangnan Clothing and Accessories Co., Ltd., and has now ordered the company to remove 509 pieces of relevant children's clothing from the shelves. .
At the same time, it was also revealed that Jiangnan Buyi was fined 800,000 yuan by the Hangzhou market supervision department on May 9 this year for using an incorrect map of China.
This is not the first time JNBY has caused controversy due to the "weird" pattern of children's clothing.
In September last year, some netizens reported that Jiangnanbuyi children's clothing was printed with patterns suspected of religion, cult and racial discrimination, and some clothes were printed with "Welcome to hell" and "Let me touch you". touch you)” and other slogans.
Jiangnan Buyi took the product off the shelves and issued a public apology letter, saying that a special group would be set up to start a self-inspection of the brand, and through a comprehensive review of the clothing design and approval process, a stricter internal audit mechanism would be established to improve the consumer experience.
However, after less than a year, Jiangnan commoner children's clothing reappeared the "strange style" picture, people can't help but ask: where is the problem?
"Many links can prevent problematic products from being launched. It can only be said that JNBY's own censorship is not strict." Ms. Wu, who has worked in a well-known clothing magazine for a long time and currently runs a fashion app, bluntly told the "Rules of Law Daily" reporter.
Regarding the process of adopting illustrations on children's clothing, the illustrator "Diandianji", who has ten years of experience in illustration, said that the illustration is not only a clothing brand looking for an illustrator to ask for a draft and explaining their needs, but also a clothing brand who sees the illustrator's work. However, no matter what kind of cooperation method is adopted, the main responsibility for problems with illustrations and patterns on children's clothing lies with the brand side, because the right to choose, review, and finalize the draft is in the hands of the brand side.
Regarding the problem of inappropriate patterns in children's clothing in Jiangnan Commoner, there are voices on the Internet that it is just "aesthetically different", and the pattern comes from the well-known fairy tale "The Adventures of Little Nemo's Dreaming Land".
Although this children's cartoon is not well-known in China, it is a household name in the United States.
However, the professional designer Mingyue (pseudonym) compared "Little Nemo's Dreaming Adventures" with the patterns on JNBY's children's clothing and believed that JNBY changed the color, typesetting and repeated collage of the original image to create a terrifying atmosphere. , "For example, the English text is highlighted with a cooler orange color, which is generally used as a warning color."
In addition, a fashion designer told reporters that in any design field, the design for children and adults should be clearly distinguished, and the subjective consciousness of adults should not be imposed on the design for children.
In the children's clothing industry, the concept of "what should be done and what should not be done" has been deeply rooted in the hearts of the people.
Many people in the design industry interviewed agreed that when it comes to the physical and mental health of minors, it is no longer the so-called "aesthetic" and "style" category of enterprises, but the red line of the law and the bottom line of morality that cannot be trampled.
As for why the problem of inappropriate patterns of children's clothing has repeatedly appeared, industry insiders believe that in addition to corporate reasons, it has a certain relationship with the insufficient restrictions and unclear regulations of relevant standards in this area.
In 2018, my country's first mandatory national standard for the safety of children's clothing, "Technical Specifications for the Safety of Textile Products for Infants and Children", was officially implemented.
"For example, it is forbidden to have too long ropes, buttons cannot be dropped, and hot drills must be firm, etc. The punishment for violating these regulations is very strong." Mingyue said, but the regulations mainly focus on "safety technology", and have no impact on design patterns. Too much inking.
According to public reports, from the "2021 Children's Wear Product Quality Supervision and Spot Check Results Bulletin" announced by several provincial and municipal regulatory authorities, the scope of supervision also mainly focuses on materials, physical accessories, etc., and there are few special inspections on design patterns.
"In terms of style, the national standard only has restrictions on religious elements and horror and disgusting elements, but there are no strict and clear regulations on sexual innuendo and bad value orientation." Mingyue believes that the latter should also be included in the scope of supervision.
According to Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, children's clothing brands have more review elements in design and expression than adult clothing, because children are still in the stage of needing education and guidance, and inappropriate patterns are likely to play a role in Bad guidance.
The use of inappropriate patterns on children's clothing violates the relevant provisions of the Law on the Protection of Minors and the Advertising Law, and also violates the principles of the Civil Code on public order and good customs.
Lawyer Chang Sha, a partner of Beijing Jingdu Law Firm, told reporters that according to the Law on the Protection of Minors, the market supervision and management department should strengthen the review of patterns on children's clothing. If terrorism or other content harms the physical and mental health of minors, the relevant enterprises shall be ordered to make corrections.
If advertising related products, it may also be suspected of violating the Advertising Law. The market supervision and management department should order it to stop advertising and impose fines and penalties according to the circumstances.
"When the market supervision and management department randomly checks the children's clothing products on the market, in addition to the product quality, it should also review the design of children's clothing to avoid content that endangers the physical and mental health of minors. For problem enterprises, a corresponding punishment system can be established. If the circumstances are serious, A blacklist system can be established and announced to the public." Chang Sha suggested.
Zhu Wei believes that my country should strengthen legislation on clothing design, slogans, icon design, etc., increase the punishment for spoofing heroes, violating public order and good customs and traditional values, and involving soft pornography, and clarify the legal bottom line.
Regarding the problem of "strange painting style" in children's clothing, Wu Jingming, an associate professor at the School of Civil, Commercial and Economic Law of China University of Political Science and Law, believes that relevant industry associations should actively speak out.
Wu Jingming said that although the binding force of industry associations on enterprises is limited, they must also play their due role in supervision and management; for enterprises involved, industry associations should cooperate with the investigation according to the law, eliminate the root causes, issue warnings and order rectification.
"If the administrative organ believes that there are serious problems in the operation of the enterprise and violates relevant laws and regulations, it can impose administrative penalties on the enterprise, including fines, temporary suspension of business licenses, or orders to suspend business for rectification." Wu Jingming said, in addition, it can also establish and improve industry standards. Enter into the system to manage and constrain the directly responsible persons, designers, etc. of the enterprises involved.
"The relevant design departments should also be punished more severely, and corresponding industry access systems and untrustworthy blacklist systems should be established for practitioners to standardize and improve the quality of practitioners." said Liu Junhai, a professor at the Law School of Renmin University of China.
Comics / Gao Yue