Recently, in order to further regulate enterprise related law enforcement in the field of advertising and effectively distinguish between commercial advertising and other commercial marketing campaigns, the State Administration of Market Supervision and Administration issued the Guidelines for Law Enforcement on the Application of the Advertising Law of the People's Republic of China (I) (hereinafter referred to as the Guidelines), laying a solid foundation for market supervision departments to accurately apply laws and regulations such as the Advertising Law and the Measures for the Administration of Internet Advertising. This year marks the 30th anniversary of the implementation of the Advertising Law and the 10th anniversary of the revised Advertising Law. In recent years, driven by the rapid development of information technology and the iterative innovation of business models, China's advertising industry has achieved great strides and leapfrog development. However, with the continuous evolution of new technologies, formats, and models in the advertising field, the boundary between commercial advertising and other commercial propaganda has become increasingly blurred. In this regard, the Guide focuses on the core issue of "what is commercial advertising". On the basis of Article 2 of the Advertising Law and Article 2 of the Measures for the Administration of Internet Advertising, it explains the scope of adjustment of the Advertising Law, clearly points out that commercial advertising should be distributed by or on behalf of advertisers, and has the characteristics of marketing, media, audience characterization, non mandatory, etc., providing a theoretical analysis path for scientific differentiation between advertising and other commercial information. In addition, the "Guidelines" address the difficulties in distinguishing advertisements from other commercial information in advertising law enforcement practices, and provide a "negative list" of applicable advertising laws and regulations based on specific business scenarios, in order to further clarify the scope of application of advertising laws and regulations, clarify the boundaries of advertising regulatory responsibilities, and provide clearer guidance for advertising regulatory law enforcement. (New Society)
Edit:XINGYU Responsible editor:LIUYANG
Source:legaldaily.com.cn
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