2016-06-14 14:58
Cosmetics advertising slogan was suspected of false propaganda
[straight news network Beijing June 12 news] (Jiangsu Province Huaian Qinghe district market supervision and Management Bureau) in view of the members of the public to report to the regulatory department of the market, said a certain brand of cosmetics sales billed the "Youth", "consumer choice," and other words, think this is a false propaganda. In this regard, the views of the staff of Jiangsu Province, Huaian City Qinghe district market supervision administration issued.
Case
A market supervision department received a report, said a supermarket in the area making banners said the sales of a certain brand of cosmetics can let a person "Youth", "consumer choice", for the return of funds, to "jump price sale" thank the consumers. Informants require market regulators to investigate and deal with and according to the provisions of the reward informants.
Upon site inspection, law enforcement officers confirmed that the contents of the report is true, then initiate an investigation of the alleged false propaganda party illegal behavior.
In the course of the investigation, the parties acknowledge that the use the "Youth" "consumer choice" in the "jump floor price" and other words to advertise the fact that, but argued that the behavior is normal business marketing behavior, does not belong to the false advertising and false propaganda. The parties believe that advertising with industry characteristics, in specific advertising campaign, most of them will use some rhetoric methods such as hyperbole, personification, etc. to describe and highlight the product characteristics, will also take some means to render heighten the atmosphere of the consumer. This is within the scope of consumer understanding, will not cause misunderstanding, so this is a normal commercial publicity acts, not in violation of the "advertising law" and "Anti Unfair Competition Law".
Dispute and analysis
There are different opinions about how to deal with this case in the case of a case. A view that the parties have a reason to justify. Another view is that the parties to the publicity acts contrary to the law of the development of things and the truth of the facts, false content, in violation of the "advertising law" and "Anti Unfair Competition Law".
The author thinks that the pleadings of the parties concerned opinions are worth considering, for the following reasons:
(a) advertising has its own laws and characteristics
Market economy is a competitive economy, "wine is not afraid of deep alley," the traditional concept has been abandoned, advertisement has become market players obtain competitive advantage, expand sales, establish a brand image of a magic weapon. Today, advertising has become a powerful force in social culture, swept every corner of social life.
Advertising in the traditional sense is a combination of language and creativity, is a kind of commercial propaganda art. With the new technology, new media intervention, advertising has more ways and means of expression, but the language is still one of the most common means of advertising. Language has its own characteristics, understanding the need to combine the overall expression as well as the specific context of understanding, many times only from the literal meaning of the word, often not the speaker's intention.
Looking back at the history of the development of advertising, a combination of the classical advertising language is a rich connotation and elegant statement. Some outstanding advertising language, or quips, pleasing to the eye, or concise and implicit and thought-provoking; or humorous, vivid and moving. And rhetoric, as an important rhetorical device, is undoubtedly for the advertising thespians add color to the key, moderate properly by means of rhetoric, to create novel and unique, has a strong attraction of advertising, enhance the advertising effect, has a role can not be ignored. Therefore, advertising is not only a marketing technology, but also a rich language charm of the arts.
Therefore, we only understand and respect the advertising itself, the artistic and literary characteristics, it is possible to understand and appreciate the advertising. Many classic advertising using pun, hyperbole, the rendering ad mood even more beautiful, publicity increasing, such as "buy insurance is safe to buy () of Ping An insurance," "loss of human association, world will be how (Lenovo)" "beauty full of life from Italy to China and Italy refrigerator)" "in the blink of an eye, the east coast into the West Coast (Airlines)" "ASUS quality, rock solid (ASUS)". If the mechanical understanding of the relevant laws and advertising content, these ads are likely to be interpreted as illegal advertising, so do not only misunderstood the "advertising law" legislative purposes, but also stifle the creation of advertising art space.
(two) "advertising law" should be to promote the survival and development of the advertising industry protection
The legislative purpose of "advertising law" is to regulate advertising activities, protect the legitimate rights and interests of consumers, and promote the healthy development of the advertising industry (Section 1)". Since then a provision, it can be seen that "advertisement law" not to fines and advertising art set up roadblocks, but to the advertising industry to promote the healthy development of norms, guide the advertising industry continuous development and progress of, no upper limit of creative advertising, advertising to the bottom line. Therefore, the author believes that any person, institution for the advertising content interpretation and evaluation should avoid the one-sided and machinery out of context, but not demand perfection, according to the advertising content and demands of the objectives and the specific context dialectical understanding.
False advertising, illegal advertising is the first to confirm whether the laws and regulations have a clear prohibitive provisions. According to the principle of "no legal prohibition is freedom", if content violates the specific provisions of the law, of course, can be identified as illegal advertising; but if there is no violation of the specific legal provisions, should try to avoid the relevant laws and regulations analogy, extended or academic interpretation. For example, on what is the "national" "best" and "best" and other terms, "advertising law" has been used in both lists also have a summary of the way. After the promulgation of the new "advertisement law" many media this content read a lot, said many words can not be used in advertising language, otherwise it is suspected of false and illegal advertisements, in fact, these interpretations exist many mistakes, causing a lot of misunderstanding.
In practice, a lot of law enforcement officers on the reality of the form of a variety of advertising whether it belongs to the absolute terms of the language also exist differences. In fact, Chinese contains words of the most senior meaning many, such as "gold" "Royal" "top" extreme "super" "champion" Ngau Tau "superstar" and so on. According to the Standing Committee of the National People's Congress "on the strengthening of interpretation of laws of the resolution", the general office of the State Council the about administrative regulations interpretation rights and procedural issues notice "(Guo Ban Fa [1993] No. 12) and the relevant provisions of, the legislature only authorized the state Administration for Industry and Commerce Bureau on the problems in the application of the" advertisement law "explain. General Administration of the above issues (such as absolute terms) of the solution is illegal enumeration, case approval, did not authorize the grassroots law enforcement authorities to explain the relevant laws and regulations. In other words, there is no list of words can not be analogy, extended to illegal advertising.
For example, State Administration for Industry and Commerce in 1996 made the "on the" top "word in advertising language is" the most senior "and other terms of reply" (wide industrial and commercial [1996] the No. 380), 1997, made the "on the" best "word in advertising language is words" highest grade "," best "answer" (wide industrial and commercial [1997] 207) are explicitly cited the advertising content is illegal. I believe that many of the included "absolute" meaning of the advertising language (such as "first choice"), because there is no explicit enumeration is illegal, law enforcement officers should not be directly identified as illegal advertising, but can consult the solution to the higher authorities. Similarly, the understanding of the other terms of the advertising law should be strictly according to the law, to avoid free interpretation of the law.
In addition, the understanding of the advertising to consider the comprehensive consideration of the intention of the advertising industry, industry practices, the use of context, the extent of consumer understanding. Excellent advertising should consider the intention of the advertiser in accordance with the laws and regulations, social morality, public order and good customs, consumers understand the ability to express. "Contrary to social morality and public order and good custom" in the "advertisement law" also has some specific lists, such as "contains the nationality, race, religion, gender discrimination" (Article 9), "containing obscenity, pornography, gambling, superstition, terror, violence content" (Article 9), damage not adults and disabled people's physical and mental health "(Article 10), which is the public's psychological bottom line. A small number of advertisers and advertising operators for the pursuit of performance, blatant violation of public opinion, to make some contrary to the good habits of society, contrary to the law of advertising, will be subject to legal sanctions.
At the same time, the market there are also some does not violate the good social fashion advertising, seemingly exaggerated, in fact, is through novel contents and ways to attract the attention of consumers, such as commercial enterprises, "" jump floor price "," a bottomless pit price ", included" don't give up and loss sale ", consumers can also understand and identify the expressed intention is" high price ". This kind of advertising are common in commercial promotions, not because businesses don't jump off a building, no tears in the identification of the "jump floor price" "tearful price advertising content false (if prices did not drop or increase but that is another matter), and it is not because" the youth will eventually fades "identified cosmetics" panacea "advertising content contrary to the objective law. Similarly, consumers drink wine "golden" not to drink gold, they are not to prosecute shopkeepers false propaganda to fooled themselves and asked the store cash gold? Ordinary consumers even because "Youth" advertising to buy cosmetics, not fantasy through the use of cosmetics can be "immortal", the language expression in the understanding of ordinary consumers within, not cause misunderstanding.
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