The new advertising law will implement many restrictions on TV advertising today

The new advertising law will come into effect on September 1 this year, and this is the first time that the advertising law has been revised in 20 years since its implementation. Stars endorse various daily necessities, male stars endorse women's products, and child stars endorse medicines... These situations will be restricted under the new advertising law.

TV advertisements restrict the value of multiple

child stars to close to second-line

actors. Starting from September 1, child stars under the age of 10, such as Sen Die and Tian Tian, who became popular due to "Where Are You Going, Dad?", may temporarily abandon their status as spokespersons in advertisements. Due to the new advertising law, minors under the age of 10 are not allowed to endorse.

It is understood that with the popularity of programs such as "Where Are We Going, Dad", the value of a number of film and television variety show child stars has skyrocketed, earning money day by day, making onlookers sigh that "the money earned in a year is not as good as a 5-year-old child earns in a day." One of the reasons why popular child celebrities have received leniency in accepting advertisements is that the market demand for children's products is high and child celebrities that are consistent with their product image positioning are needed to endorse them.

The ban on endorsements by child celebrities under the age of 10 is on the one hand to protect the physical and mental health of minors, and on the other hand, because child celebrities lack the ability to independently judge things. Some media analysts also said that advertisers may be able to invite young children to perform advertisements and pay endorsement fees to avoid restrictions. Because for child stars, they are public figures, and the behavior of appearing in advertisements is also an endorsement.

It is not uncommon for health foods to say no to celebrities

and celebrities endorse health products, such as Yao Ming and angelaby. But after the implementation of the new advertising law, health foods will no longer be seen as celebrities. According to the new Advertising Law, endorsements are not allowed for medical, pharmaceutical, medical equipment, and health food advertisements. Because these are all goods or services that are related to the lives, health and safety of the people, due to the uniqueness of the human body, being effective on a certain individual does not mean being effective on others. The recommendation certificate issued by advertising spokespersons is not scientific in itself.

At the same time, the new advertising law clearly states in its general principles: "In the future, if you illegally publish false advertisements, you will be fined not less than 3 times but not more than 5 times the advertising fee; if you send text message advertisements randomly, you will be fined not less than 5000 yuan but not more than 30,000 yuan; Pop-up advertisements must be closed with one click and must not affect users 'normal use of the network. Advertisers who violate the regulations may be fined not less than 5000 yuan but not more than 30,000 yuan."

Male celebrities are prohibited from endorsing women's products

Wang Dongcheng, Luo Zhixiang, Chen Bolin... Many male celebrities have been honored as "big uncle" and have endorsed women's products, sanitary napkins, tampons, etc. After the implementation of the new advertising law,"big uncle" They are no longer seen in the Jianghu.

According to the new Advertising Law, advertising spokespersons are not allowed to endorse unused goods or services that have not been accepted. Because the main role of advertising spokespersons in advertising is to recommend and prove goods or services, if they have never used goods or received services, their recommendations and certificates will not represent their independent opinions. Requiring advertising spokespersons to experience it first can improve their sense of responsibility and meet the requirements of the principle of advertising authenticity.

New media is also applicable.

Zhang Guohua, director of the Advertising Department of the State Administration for Industry and Commerce, revealed at the implementation conference of the new "Advertising Law" that the National Internet Advertising Monitoring Center will be completed by the end of the year.

Zhang Guohua said that although most of the current new Advertising Law is aimed at traditional media, some provisions also apply to Internet advertising. At the same time, the "Interim Measures for the Supervision and Administration of Internet Advertising", which mainly targets the supervision of Internet advertising, is also being revised. It is currently in the improvement stage and will be officially promulgated upon completion.

Zhang Guohua said that the "Measures" will have more detailed regulatory provisions on Internet pop-up advertisements, advertising text messages, advertisements on Weixin Official Accounts, etc.

At the same time, he also revealed that the National Internet Advertising Monitoring Center will be completed by the end of the year and is currently improving some technical issues of Internet monitoring. Starting next year, the advertising monitoring center will be able to monitor Internet advertisements across the country in real time and promptly hand over illegal advertising clues to local industrial and commercial departments for investigation and punishment.

It is reported that the new "Advertising Law" has set clear boundaries for various types of people's livelihood related advertisements, including,"minors under the age of ten are not allowed to be used as advertising spokespersons", celebrities are not allowed to endorse products without use, etc. If it is determined that a celebrity has endorsed false advertisements, the industry and commerce department will investigate and punish his endorsement behavior in accordance with the law. If serious personal injury is caused to consumers, the celebrity's civil liability will also need to be investigated and relevant compensation will be made.

The new "Advertising Law" has ten main highlights:

It is understood that compared with the current law, the new "Advertising Law" has been revised by a large margin, refining some of the original more general provisions, greatly enhancing operability, and significantly increasing the amount of penalties. These newly revised contents will surely provide a stronger legal basis for regulatory authorities to purify the advertising market and protect the legitimate rights and interests of consumers.

The first is to enrich and refine the advertising content guidelines.

For example, it has been added to prohibit endorsing health food, prohibit disease prevention and treatment functions, and prohibit advertising infant dairy products, beverages or other food products that claim to replace breast milk in whole or in part in mass media or public places.

The second is to increase penalties for false advertising.

The new law has specifically added relevant provisions on the composition conditions of false advertisements. First, the content is false, and second, the content is misleading to guide and mislead consumers, all of which are false advertisements.

The new Advertising Law clearly stipulates that "advertisements must not contain false and misleading content." At the same time, add five false advertising scenarios such as the non-existence of goods or services and the fictitious effect of using goods or receiving services. In the future, if you illegally publish false advertisements, you will be fined not less than 3 times but not more than 5 times the advertising fee. If the advertising fee cannot be calculated or is obviously low, you will be fined not less than 200,000 yuan but not more than 1 million yuan.

The third is to add new legal obligations and responsibilities for advertising spokespersons.

A new rule has been added that "minors under the age of ten shall not be used as advertising spokespersons".

The new Advertising Law stipulates that advertising spokespersons have not used goods or received services and cannot make recommendations or certificates in advertisements. It also clearly stipulates that endorsing false advertisements will not be subject to administrative penalties for three years and can no longer endorse other advertisements. Anyone who knows or should know that advertisements are false and still recommends or proves will have illegal income confiscated and a fine of 1 to 2 times the illegal income will be imposed.

In addition, the new law adds that minors under the age of ten cannot be used as advertising spokespersons.

Fourth, it is prohibited to publish tobacco advertisements in mass media and public places.

The new law further strengthens the strict control of tobacco advertising, clearly stipulating that tobacco advertising is prohibited in mass media or public places, public transportation, and outdoors. It is prohibited to send any form of tobacco advertising to minors.

In order to avoid the publication of disguised tobacco advertisements, the new law has added provisions prohibiting the use of public service advertisements for other goods or services to promote the name, trademark packaging, decoration and similar content of tobacco products. The name, trademark, packaging, decoration and similar content of tobacco products shall not be included in the name, recruitment and other inspirations issued by producers or sellers of tobacco products.

Fifth, drugs need to be marked with adverse reactions.

Compared with the old version, the newly revised Advertising Law has added provisions on drug advertising guidelines, stipulating that no one can endorse drug advertisements, and drug advertisements must clearly indicate contraindications and adverse reactions.

Sixth, it is clear that Internet pop-up advertisements must be closed with one click.

It is clear that the use of the Internet to publish advertisements must not affect users 'normal use of the Internet. Advertisements published in the form of pop-ups on Internet pages should be clearly marked with a closure sign to ensure one-click closure. If you violate the regulations, advertisers may be fined between 5000 yuan and 30,000 yuan.

The seventh is to strengthen the supervision of mass media advertising behavior.

In response to the issue of disguised advertising by radio stations, television stations, etc., the new law clearly requires that advertisements published by mass media should be clearly marked with "advertising" to distinguish them from other non-advertising information, and increases the legal liability for advertising in disguised form.

It is clearly stipulated that radio stations, television stations, newspapers and periodicals audio-visual publishing units, and Internet information service providers are not allowed to publish advertisements for drugs, medical devices, medical care, and health food in disguise in the form of introducing health and health knowledge.

In response to the proliferation of spam information, the new law adds provisions that no unit or individual may send advertisements to their homes or vehicles without the consent or request of the parties concerned, nor may they send advertisements to them by electronic information, and clarifies the corresponding legal responsibilities.

The eighth is to increase public service advertisements and expand the scope of adjustment of the advertising law.

The ninth is to clarify and strengthen the responsibilities and powers of industrial and commercial agencies and relevant departments for the supervision of the advertising market, and clarify the management system with industrial and commercial agencies as the main focus and various departments division of labor and cooperation.

The tenth is to improve the deterrent power of administrative penalties.

Serious advertising violations may be punished by revoking the business license and revoking the advertising publication registration certificate, and information on relevant illegal activities may be entered into credit files.

Editor: vian