The significance of the implementation of the new advertising law

Question 1: What impact does the new advertising law have on the advertising industry? The implementation of the new advertising law is both a risk and an opportunity for the advertising industry. Because you are not careful, you will be punished for violating the advertising law, but because of the risk of advertising, enterprises will find more professional advertising companies to write copywriting. Therefore, advertising companies should improve their professional level, or use the tool of "new advertising law assistant" to help you save the day.

Question 2: What are the advantages and disadvantages of the implementation of the new advertising law in September 2065438+05? Forward-looking Industry Research Institute's "20 16-202 1 China Advertising Industry Market Prospect and Investment Strategy Planning Analysis Report" points out that, first of all, under the overall downward pressure of the economic situation, with the promulgation of the new advertising law, the advertising management in these fields has lost its "protective umbrella", leading to the direct "blood loss" of media advertising revenue. Secondly, it is the usual practice of advertisers and the media to use celebrity effect to over-publicize and deliberately guide. However, the new advertising law clearly stipulates that these are false advertisements and are the targets of severe crackdown. However, advertisements involving celebrity endorsements now account for 50% of traditional media advertisements. At the same time, the new "Advertising Law" has also tightened the supervision of those who once "escaped from the net". Because when the old law was promulgated, Internet advertisements did not appear, which also led to the Internet becoming a paradise on earth for all kinds of advertisements. The new law will introduce internet advertising management measures, which will undoubtedly deal a heavy blow to the "willful" growth of new media revenue. Generally speaking, the promulgation of the new advertising law is a big blow to the whole industry. Many of the products involved are key customer groups of provincial terrestrial channels, city stations and county-level stations, which leads to the loss of advertisements and will make these channels lose their business support, making matters worse; The withdrawal of illegal advertisements will also have a structural impact on new media with the Internet as the core.

Question 3: What do you think of the new advertising law? Analyze this revision from the personal research field. There are many discussions about advertising media on the Internet, and I mainly write from the perspective of advertising management. If there is any dispute, please discuss it.

This time, the new advertising law has greatly revised the original advertising law. Only eight of the original 49 articles of the Advertising Law are retained, and the rest will be revised or added or deleted, which will be implemented from September 1 this year, and every advertising practitioner needs to pay attention.

First of all, from the industry, this new version of the advertising law will have a more significant impact on the following industries:

Health food and medical treatment: the new advertising law restricts the description of curative effect and disease prevention in health food advertisements, and it is not possible to indirectly promote health food and medical products through health programs, mainly for so-called expert health lectures that can be seen at any time by some local TV stations. Another big impact is that from September, health food and medical products will no longer be able to use advertising spokespersons, which has brought a lot of trouble to many health food giants. At the same time, advertisements for all products except medical products shall not contain medical terms such as disease treatment. The industries where guns are fired here are mainly health food, sporting goods and fitness equipment.

Pesticides, veterinary drugs, feed, feed additives, agricultural and forestry products: the main impact is that the efficacy and expected benefits can not be described in advertisements. It seems that advertisements in these industries are all like this routine?

Tobacco: Focus on the industry. Basically, tobacco advertising can bid farewell to mass media and public places. Even if you advertise, you can't see the scene of smoking, and you can't suggest that smoking can refresh you ... Even if you take the common tobacco brand image advertisement as a sideline, you risk being accused of being a disguised tobacco advertisement. Perhaps the best tobacco advertisement is no advertisement. In fact, the state has banned tobacco advertising for some time and the effect is good. This time, the heavy-handed attack is not so much to standardize the tobacco advertising environment as to express the determination of the country to vigorously rectify the tobacco industry.

Alcohol: the main influence of lying with tobacco is that you can't appear the image of drinking, and you can't appear in the media with minors as the main audience.

Education and training: there are restrictions on its guarantee and commitment, and the training effect cannot be promised in the advertisement. Advertisements such as "XX degree, getting XX points a year" and "going to XX school and easily obtaining XX qualification certificate" have become history, and I believe many training institutions are having a headache.

Investment: there are requirements for its limited guarantee commitment. At present, most of the formal financial products and investment real estate advertisements are still satisfactory, but some real estate companies still need to modify the advertising words.

Real estate: the advertising content is limited, and it is clear that there can be no appreciation return. One of them is more interesting: "The project site selection should be expressed by the actual distance from the project to the existing traffic trunk road of a specific reference, not by the required time". Although there are many ways to circumvent this requirement, it is not difficult to find that the state has strengthened its crackdown on the concept of stealing in advertisements.

Let's take a look at some major changes in advertisement operation. ...

New regulations on false advertisements have been added: through several descriptions, the boundaries of false advertisements have been defined, and mass media are also prohibited from publishing advertisements in the form of news, hoping to suppress some inferior advertisements full of unknown addresses. At the same time, I am more concerned about the specific criteria for judging "other situations that deceive and mislead consumers with false or misleading content". After all, the soul of advertising lies in creativity, and I don't want to suppress some excellent works that are reasonably exaggerated.

Advertising regulations for minors have been added: there can be no advertisements in textbooks, teaching AIDS, workbooks, stationery, teaching AIDS, school uniforms and school buses, and the phenomenon of advertisements for teaching equipment in textbooks will become history (the people who originally came up with this idea are really crazy). I wonder if the occasional enterprise name in the illustrations in the book will be regarded as an embedded advertisement; Breast milk substitutes cannot appear in the mass media, and the milk powder industry has to find another way; /kloc-Advertising for minors under the age of 0/4 cannot induce parents to buy and have unsafe behaviors (personally, it is a bit difficult to implement, at least it is a matter of wrangling).

New regulations on advertising spokespersons have been added: this is another key regulatory area, for example, minors under the age of 10 may not be used as spokespersons (although they can also be used as general advertising figures); Advertisers are not allowed to prove their unused goods or services (what do you think of Jiro Wang ...); Now, if false advertisements cause losses to consumers, please endorse them ... >>

Question 4: After the implementation of the new advertising law, I also advertise at 30: 00, so don't pay too much attention to my personal advice. For example, LeTV, the mobile phone is called super tv, and the super mobile phone is forbidden, and it is used every day. Printed matter was printed before the introduction of the new advertising law, which can't be helped. If you pay attention, you will see that many advertisements still violate the advertising law.

Question 5: What impact does the new advertising law have on TV media? I'll try to talk about it, but it's not all right.

1 will make the advertising department of TV stations more strict in the examination and control of advertisements, especially the health care products and medicines endorsed by celebrities, as stipulated in the new law; Medical treatment, medicines, medical devices and health food are not allowed to talk to themselves, because these are goods or services related to people's life, health and safety. Because of the uniqueness of the human body, what is effective for one person does not mean that it is equally effective for others. It is unscientific for advertising spokesmen to make recommendations.

At the same time, the new advertising law clearly stipulates in the general provisions that in the future, publishing false and illegal advertisements will be fined 3 times to 5 times the advertising fee, spamming short message advertisements, and imposing a fine of 50 million to 30,000 on advertisers. Pop-up advertisements must be closed with one button, and shall not affect users' normal use of the network. In violation of regulations, advertisers may be fined between 5,000 yuan and 30,000 yuan.

2, merchants will also consider more when choosing spokespersons and media broadcasts, especially minors, especially with the popularity of reality TV child stars. Many businesses and media will choose children to speak for them. Before the release of the new law, they can also play the edge ball, which makes some viewers lament that the money we earn in one year is not as much as that earned by a five-year-old child in one day. One of the main reasons is that businesses, media and markets demand too much children.

This new law stipulates that child stars below 10 are prohibited from making sounds, even if they make sounds. First, in order to protect the physical and mental health of minors, after all, child stars lack the ability to distinguish and think independently about new things. In a place, as long as they choose children to speak, businesses will earn more money, so the media will be more strictly censored and businesses will try to avoid it.

Question 6: Why did the new advertising law come into effect on September 2 15, 1 instead of the original implementation time, because the law let bygones be bygones?

Question 7: How should e-commerce companies respond to the implementation of the new advertising law? At least be careful not to be the first bird in the early stage. I don't know the strength of this advertising law yet! Wait and see.

Question 8: How to write advertisements after the implementation of the new advertising law? There are many extreme terms in the new advertising law, so it is impossible to remember every word clearly. I accidentally violated the new advertising law. I suggest you use the "New Advertising Law Assistant" to check if there are any problems after you finish writing the advertisement. This tool is free and easy to operate, which should be helpful to you.

Question 9: In what aspects has the new advertising law implemented in 2065438+05 been revised? Aspect 1: Drug advertisements should clearly indicate adverse reactions.

The contents of drug advertisements shall not be inconsistent with the instructions approved by the drug supervision and administration department of the State Council, and the taboos and adverse reactions shall be clearly marked.

In short, in order to ensure the safety of drug use and protect the rights and interests of patients, it is necessary to further strictly regulate drug advertisements.

Aspect 2: Non-pharmaceutical advertisements of health food should not involve disease prevention and treatment.

Health food advertisements shall not involve the functions of disease prevention and treatment, and shall not claim or imply that the advertised goods are necessary for health care, and shall clearly state that "this product cannot replace medicines".

In short, health food, like ordinary food, does not have the effect of treating diseases, and in practice, the illegal situation of health food advertisements is more serious. For this reason, the third review draft has made a separate clause on the advertising criteria of health food, and made more targeted and strict norms.

Aspect 3: advertisements for drugs and health foods are prohibited in the health column.

Radio stations, television stations, audio-visual publishing units of newspapers and periodicals, and Internet information service providers shall not publish advertisements for medical treatment, medicines, medical devices and health food in disguised form by introducing health knowledge.

In short, some media publish advertisements of drugs and health foods in disguised form, such as health lectures and health programs, which sometimes do harm to consumers' rights and interests. The establishment of special provisions in the law will effectively prevent unscrupulous businesses from "fooling" consumers.

Aspect 4: advertisements for breast milk substitutes cannot be "posted" in public places.

It is forbidden to publish advertisements for baby dairy products, drinks and other foods that claim to replace breast milk in whole or in part in mass media or public places.

In short, breast milk is the most natural, safe and complete natural food in the baby's growth process, and breast-feeding should be encouraged and promoted.

Aspect 5: Tobacco advertisements are prohibited in mass media and public places.

It is forbidden to publish tobacco advertisements in mass media or public places. The notice of relocation, renaming and recruitment issued by the producer or seller of tobacco products shall not contain the name, trademark, packaging, decoration and similar contents of tobacco products. Producers or sellers of tobacco products shall not use advertisements of other commodities or services or public service advertisements to publicize the names, trademarks, packaging, decoration and similar contents of tobacco products.

Want to publish tobacco advertisements in disguise through advertisements of other commodities or public service advertisements? This kind of behavior is not good either.

Aspect 6: Those who endorse false advertisements will be banned for three years.

A natural person, legal person or other organization that makes recommendations in false advertisements and proves that it has been subject to administrative punishment for less than three years shall not act as an advertising spokesperson.

Interpret advertisements in one sentence, and you can't answer them at will. In order to protect the legitimate rights and interests of consumers, we should further strengthen the responsibility of advertising spokespersons and standardize the endorsement activities more strictly.

Aspect 7: illegal advertising, the practice license of medical institutions may be revoked.

If the circumstances of illegal advertisements in medical institutions are serious, the administrative department for industry and commerce may, in addition to punishment according to this law, revoke the medical treatment subjects or revoke the practice license of medical institutions.

In fact, China's "Measures for the Administration of Medical Advertising" has made relevant provisions on the advertising behavior of medical institutions; This rise to the legal level to increase the punishment for medical institutions that illegally publish advertisements also shows the determination to strengthen the management of medical advertisements.

Aspect 8: Departments work together to control illegal advertisements.

If the press and publication, radio, film and television and other relevant departments fail to deal with the radio stations, television stations, newspapers and audio-visual publishing units with advertising violations according to law, the responsible persons in charge and the persons directly responsible shall be punished according to law.

In a word, the governance of illegal advertisements needs the joint efforts of all departments. In addition to strengthening the supervision of the industrial and commercial departments, the competent media departments such as press, publication, radio, film and television also need to earnestly perform their supervisory duties on media activities.

How to ensure the execution and social recognition of the new advertising law? How to improve the level of advertising supervision and enforcement according to the new advertising law? How will the new advertising law help mass entrepreneurship and innovation? How to cooperate with increasing decentralization and deepening the reform of the commercial system? How can the new advertising law help innovative entrepreneurs to provide more policy opportunities and greater development space? April 30th, 20 15 10, Zhang Guohua, Director of the Advertising Supervision and Management Department of the State Administration for Industry and Commerce, and Liu, Vice President and Professor of the Law School of the Central University of Finance and Economics, visited China * * * website to communicate with netizens on the new advertising law and answer their concerns.

Although the new "Advertising Law" is large, it is not easy to systematize it for ten years.

Director Zhang Guohua of the Advertising Supervision and Management Department of the State Administration for Industry and Commerce first introduced that the advertising law promulgated 20 years ago was adapted to the advertising market at that time ...

Does the new advertising law have retrospective effect on illegal advertisements that have been made after implementation? There will be no more violations of the new law.

Generally speaking.

As long as the new advertising law is implemented, it is impossible to restrain yesterday's behavior with today's regulations. There is a principle in law called non-retroactivity.