Per Editor: Du Yu
According to the official WeChat of the Shanghai Market Supervision Bureau on February 9, in order to further standardize commercial advertising endorsement activities, adhere to the correct advertising orientation, and protect the legitimate rights and interests of consumers, the Shanghai Municipal Bureau of Market Supervision recently formulated and issued the "Compliance Guidelines for Commercial Advertising Endorsement Activities".
The Guidelines make it clear that an advertising spokesperson refers to a natural person, legal person or other organization other than an advertiser who recommends or proves goods or services in his own name or image in an advertisement. An advertising endorsement activity is a commercial advertising activity in which an advertising spokesperson is entrusted by an advertiser (commodity operator or service provider) to recommend or prove the advertiser's goods or services in his own name or image in an advertisement. At the same time, the Guidelines enumerate the criteria for judging the recommendation and certification of goods and services in one's own name or image as stated in the Advertising Law from eight aspects.
For the "recommendation and certification of goods and services in one's own name or image" referred to in the Advertising Law of the People's Republic of China, it is necessary to distinguish between the following situations:
1． Where identity information is clearly marked in advertisements, such as names, occupations, etc., and consumers express their recommendation and proof of products, affecting consumers' purchase choices, they belong to using their own independent personality to advertise endorsements in their own name;
2． Where scientific research units, academic institutions, technology promotion institutions, industry associations and other legal persons or other organizations recommend or certify goods or services in their name in an advertisement, it is also an advertisement endorsement;
3． For some well-known subjects, such as: well-known literary and art workers, well-known sports workers, experts and scholars, "net red" and other star artists, social celebrities, etc., because of its high degree of identity recognizability, although the advertisement does not indicate the identity, but the public can identify their identity through their image, belongs to their own image, the use of their own independent personality for advertising endorsement, even in other identities that are not well known to the public, such as "×× experience officer" and so on to recommend proof, Nor can it change the identity of the advertising spokesperson;
4． Where the content of the live broadcast constitutes a commercial advertisement in online live broadcast activities, participating in the online live broadcast, recommending or certifying goods or services in one's own name or image, shall perform the legal responsibilities and obligations of the advertising spokesperson;
5． In variety shows containing commercial implanted advertisements, participating star artists, social celebrities, etc., have made recommendations and proofs in their own names for the implanted goods and services (such as through creative interpolation, plot design, and other forms of advertising), which meet the definition of advertising spokespersons, and shall perform the legal responsibilities and obligations of advertising spokespersons;
6． Advertisers and their staff recommend and certify the goods or services they are promoting, and generally do not think that they are advertising spokespersons;
7． If the advertisement does not indicate its identity and it is difficult for the public to identify it, it is not a recommendation of goods or services based on its own independent personality, which can be considered to be an advertising performance, rather than an advertising endorsement;
8． Advertising spokespersons who have established an advertising endorsement relationship accept the entrustment of advertisers and advertising operators to publish advertisements through their own websites or Internet media with legal use rights (including various types of self-media and social media), and at the same time constitute the advertising publishers of the Internet advertisements.
Clarify the negative list
The Guidelines enumerate 21 negative lists of commercial advertising spokesperson qualifications and related advertising endorsement activities from four aspects, such as natural persons, legal persons or other organizations that cannot act as spokespersons for commercial advertisements, advertisements for goods or services that must not be endorsed by advertising spokespersons or some special subjects, guidance problems that must not arise in advertising endorsement activities, and other advertisements that cannot be endorsed.
Advertising endorsement campaigns should be guided correctly. The Guidelines will "use celebrity entertainers who have committed illegal crimes, violations of public order and good customs to advertise endorsements", "endorsements by playing the image of party and state leaders, heroes and martyrs, or functionaries of state organs", "commercial propaganda on serious political issues, spoofing classics, distorting history and other illegal commercial marketing propaganda", "promoting money worship, hedonism and extravagance, extravagance and waste, 'mother's cannon' and 'beauty' and other bad cultures" "hyping up personal privacy, soft pornography and other vulgar and vulgar kitsch phenomena" etc. are clearly included in the negative list of advertising endorsement activities.
Advocate for codes of conduct
The Guidelines clarify the basic codes of conduct to be followed in carrying out commercial advertising endorsement activities from four perspectives: compliance with laws and regulations, improvement of management systems, signing written contracts, and fulfillment of social responsibilities.
Advertising endorsement activities are not only commercial behaviors, but also have cultural and social impact, have a guiding and exemplary role for the public, so the "Guidelines" especially from 5 aspects to advocate advertisers, advertising operators, advertising publishers, advertising spokespersons and their brokerage companies to actively fulfill their social responsibilities, advocate their conscious protection of national sovereignty, national dignity and people's interests, respect social morality, abide by professional ethics, abide by personal conduct, follow industry rules and market guidelines, spread positive, positive, sunny concepts and attitudes, Display a social image of faith, affection and responsibility, actively act as a spokesperson for public service advertisements, and contribute to disseminating socialist core values, advocating civilized customs, and spreading excellent cultural traditions.
Make compliance recommendations
The Guidelines put forward compliance business recommendations for the relevant entities of commercial advertising endorsement activities, advocating that advertising spokespersons and their brokerage companies review the categories and advertising content of the endorsed goods or services before carrying out advertising endorsement activities; before recommending or certifying, they need to use goods or receive services; pay attention to assessing the advertiser's credit and advertising endorsement risks, and be cautious about endorsement. Advocate that advertisers conduct background content reviews and daily conduct conduct investigations on advertising spokespersons, carefully select spokespersons, truthfully provide true and comprehensive information on goods or services to advertising spokespersons, and once it is discovered that advertising spokespersons have committed illegal crimes, violations of public order and good customs, or situations where endorsements are prohibited by laws and regulations, promptly stop publishing endorsement advertisements by means of suspension of broadcasting, withdrawal, etc., so as to reduce the negative impact on the brand. Advocate that advertising agents and advertising publishers establish spokesperson ledger files, check advertising endorsement certificates, and promptly dispose of illegal endorsement advertisements.
Clarify legal liabilities
In accordance with the provisions of relevant laws and regulations, the Guidelines comprehensively sort out and emphasize the legal liabilities of commercial advertising spokespersons, advertisers, advertising operators, advertising publishers and other entities in false and illegal endorsement advertisements.
The Guidelines are for all advertising campaign entities to consciously comply with in their advertising endorsement activities. The municipal market supervision department will work with the Propaganda Department of the Municipal Party Committee, the Cyberspace Office of the Municipal Party Committee, the Municipal Bureau of Culture and Tourism and other departments to strengthen publicity and guidance, urge relevant entities to consciously abide by the content of the Guidelines, and at the same time strengthen the supervision of advertising endorsement activities in accordance with the law, severely crack down on illegal advertising endorsement activities, and actively create a good advertising ecological environment to serve the high-quality economic and social development.
Daily Economic News Integrated Shanghai Market Supervision and Administration Bureau website, Shanghai Market Supervision Bureau official WeChat
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