On February 9, Nandu reporters learned from the official website of the Shanghai Municipal Market Supervision and Administration Bureau that the bureau issued the "Compliance Guidelines for Commercial Advertising Endorsement Activities" (hereinafter referred to as the "Guidelines"). The Guidelines advocate advertisers to conduct background content review and daily conduct conduct surveys of advertising spokespersons, and carefully select spokespersons. A lawyer told Nandu reporter that the mainland is currently mainly through the "Advertising Law" and some local regulations to regulate commercial endorsement activities, the content of this guideline in Shanghai is to refine the content of the Advertising Law, compared with the legal provisions, its operability is stronger.
The Guidelines point out that advertising spokespersons refer to natural persons, legal persons or other organizations other than advertisers who recommend or certify goods or services in their own name or image in advertisements. 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.
The Guidelines require that advertising endorsement activities should be guided correctly. "Using celebrities who have committed illegal crimes, violating public order and good customs to advertise endorsements", "promoting money worship, hedonism and extravagance, extravagance and waste, 'mother cannons' and 'beauty' and other bad cultures", "hyping personal privacy, soft pornography and other vulgar and vulgar kitsch phenomena" and other situations have been clearly included in the negative list of advertising endorsement activities.
The Guidelines also put forward compliance business recommendations for entities related to 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.
The Guidelines advocate that advertisers conduct background content reviews and daily conduct conduct investigations of advertising spokespersons, carefully select spokespersons, truthfully provide true and comprehensive information on goods or services to advertising spokespersons, and once it is found that advertising spokespersons have committed illegal and criminal acts, violations of public order and good customs, or situations where endorsements are prohibited by laws and regulations, timely take methods such as stopping broadcasting or withdrawing them to stop publishing endorsement advertisements to reduce the negative impact on brands. Advocate that advertising agents and advertising publishers establish spokesperson ledger files, check advertising endorsement certificates, and promptly dispose of illegal endorsement advertisements.
Deng Gang, a lawyer at Guangdong Legal Shengbang Law Firm, told Nandu reporters that at present, the mainland mainly regulates commercial endorsement activities through the Advertising Law and some local regulations, such as the "Guidelines for Compliance with Celebrity Commercial Advertising Endorsement Behavior" issued by the Zhejiang Provincial Market Supervision Bureau in 2021. "Because the provisions of the law are usually more general and the principle provisions are more numerous, there may be some ambiguities in the specific implementation of the law."
Deng Gang believes that the content of this guideline in Shanghai is a refinement of the content of the Advertising Law, which is more operable than the legal provisions. Its highlight is to further clarify and define the main body of advertising spokespersons and the nature of advertising endorsement activities, at the same time, the implementation of negative list management for commercial advertising spokespersons and advertising endorsement activities, delineating the "red line" area for the scope of commercial endorsement, which is more conducive to businessmen and spokespersons to clarify their own behavior boundaries beforehand, reduce the situation of "rubbing the edge ball", and also facilitate the market supervision department to supervise during and after the event and improve administrative efficiency.
Written by: Nandu reporter Yang Tianzhi
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