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Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

author:Observer.com

(Observer Network News) On September 23, after the Jiangnan cloth children's clothing was questioned due to improper patterns, the focus of netizens was also expanded from products to promotional materials. Some netizens sorted out the promotional photos of Jiangnan Clothing's children's clothing brand "jnby by JNBY" and youth clothing brand "POMMEDETERRE Pengma", questioning that some child modeling and photography styles have "exceeded the category of innocence and childlike fun", there is "sexual innuendo", and even "pedophilia" tendencies.

At present, some of the controversial promotional images have been deleted by the relevant Instagram accounts.

On September 24, the customer service of the headquarters of Jiangnan Cloth Clothing and Jewelry Co., Ltd. told the Observer Network that all the related goods that had previously caused controversy had been removed from the shelves. As for the product publicity map being questioned by netizens about the existence of "sexual innuendo", the staff responded that it would give feedback to the company.

On the same day, lawyer Zhu Jieping, the founding partner of Tai Kun Law, told the Observer Network that in response to this incident, the market supervision and management department and the cultural department have the right to investigate and deal with it. If the enterprise concerned violates the provisions of article 50 of the Law on the Protection of Minors, the relevant competent departments may impose penalties on the enterprise involved, and if the enterprise concerned refuses to make corrections or the circumstances are serious, it shall be ordered to suspend the relevant business, stop production and business, or revoke the business license or revoke the relevant license, and where the illegal income is more than one million yuan, and a fine of not less than one time but not more than ten times the illegal income shall be imposed.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

Recently, in the process of consumer criticism of Jiangnan Cloth Clothing And Accessories Co., Ltd. children's clothing brand "jnby by JNBY" some products printed with improper patterns such as amputations, satans, nail hammers and the words "Welcome to hell", Xiaohongshu and Douban netizens sorted out the brand's promotional materials and questioned the existence of "sexual innuendo" in some pictures.

Some of the images came from an instagram account called "jnby_by_jnby", which was not authenticated, and the introduction office filled in the registered address of Hangzhou Jiangnan Clothing and Accessories Co., Ltd.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

The copy of some of the controversial pictures shows that the costume worn by the child model is "jnby by JNBY" spring and summer 2017, and the photographer is Yuan Xiaopeng.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines
Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

Netizens questioned that the photographic style of such photos has "exceeded the category of innocence and childlike fun", and even has a "pedophile" tendency.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines
Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines
Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines
Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

In addition, some of the images posted by the Instagram account "pommedeterre__" were also considered inappropriate, and the Ins account was also not authenticated.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

"pomme de terre Pengma" is a youth clothing brand launched by Jiangnan Cloth in 2016, and netizens questioned the display style of the brand's 2016 autumn and winter socks.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

The Observer Network found that for the above-mentioned glasses and jeans dislocation diagram and other photos of the inspiration, photographer Yuan Xiaopeng's photography book self-publishing studio Same Paper official Weibo @SamePaper once posted an explanation that in recent years of shooting commercial projects, Yuan Xiaopeng noticed that Asian children's clothing advertising shooting prefers to use white children as models, "under the premise of limited commercial photography parameters", Yuan Xiaopeng choreographed photos, "through the difficult to figure out the still life setting, Connecting different scenes, birds trapped under plastic wrap, dripping beds, sweet and vaguely unsettling images interspersed, allowing the reader to begin to think about the story that exists outside the picture.".

@SamePaper also said that Yuan Xiaopeng created unexpected pictures by manipulating characters and props in the space, "thinking about the symbolic meaning of Western faces in consumerist society."

At about 13:00 on the 24th, the weibo was set to view the permission and was temporarily invisible.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

In addition, the controversy poster posted by the Ins account "pommedeterre__" also includes the photographer's @richard_licha works.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

At present, the images that caused the controversy have been deleted by the relevant instagram accounts, and the official website of the children's clothing brand "jnby by JNBY" is only displayed in the spring and summer of 2020 at the earliest, and it is impossible to view the product display charts of 2016 and 2017.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

For related product pictures, many netizens believe that it contains "sexual innuendo" and should not let child models who are not conscious of this participate in the shooting.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

However, in addition to product pictures, the promotional materials released by the official Weibo @jnby_by_JNBY of Jiangnan ClothIng Children's Wear Brand also caused controversy.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

The Observer network found that the relevant pictures are from the sharing Weibo posted by @jnby_by_JNBY in 2019, with the topic "jnbyshare", and the source is a family photo of British musician and former Beatles member Paul McCartney and his first wife, Linda Eastman (married with her husband's last name). At present, the microblog has been deleted.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

In addition, another photograph of a man holding a baby was also considered inappropriate.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

This photo is also from @jnby_by_JNBY's sharing weibo posted under the topic "jnbyshare", which is a 1992 photo of Nirvana's lead singer and guitarist Kurt Cobain and his newborn daughter Frances Binn Coburn.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

Netizens have different opinions on whether the promotional materials are inappropriate. Some people think that this is a very classic family photo for rock fans, but some netizens said that people who are not familiar with the protagonist of the photo will feel uncomfortable when they see this photo.

Jiangnan cloth child model model has "sexual innuendo"? Lawyer: The business involved may be subject to hefty fines

On September 23, @jnby by JNBY issued an apology statement on the official micro-micro, saying that it had received complaints from consumers about the inappropriate pattern of individual products, and in order to apologize for the troubles caused to consumers, the company had completely removed the product series involved, revoked the relevant publicity materials, and set up a team to start self-inspection.

On the afternoon of the 24th, lawyer Zhu Jieping, founding partner of Tai Kun Law, told the Observer Network that according to article 11 of the Law of the People's Republic of China on the Protection of Minors, any organization or individual who discovers circumstances that are detrimental to the physical and mental health of minors or infringes upon the lawful rights and interests of minors has the right to dissuade, stop, or file reports and accusations to relevant departments such as public security, civil affairs, and education. Relevant departments receiving reports, accusations, or reports involving minors shall promptly accept and dispose of them in accordance with law, and inform relevant units and personnel of the results of the handling in an appropriate manner.

Lawyer Zhu Jieping said that the relevant departments that receive reports, accusations or reports involving minors should be accepted in a timely manner, and as for which department will handle it, it can be divided according to the scope of the management responsibilities of the relevant departments. For example, in the Jiangnan cloth children's cloth design incident, the market supervision and management department, the cultural department, etc. have the right to investigate and deal with it.

In addition, according to article 50 of the Law of the People's Republic of China on the Protection of Minors, it is forbidden to produce, reproduce, publish, publish, or disseminate books, newspapers, periodicals, movies, radio and television programs, stage art works, audio-visual products, electronic publications, and online information that contain content that advocates obscenity, pornography, violence, cults, superstition, gambling, induced suicide, terrorism, separatism, extremism, and other content that endangers the physical and mental health of minors.

Where the enterprises involved are suspected of producing or reproducing circumstances provided for in accordance with the provisions of article 121 of the Law on the Protection of Minors, and violate the provisions of articles 50 and 51 of this Law, the departments of press and publication, radio and television, film, and Internet information shall, in accordance with the division of duties, order corrections within a specified period of time, give a warning, confiscate the illegal gains, and may also impose a fine of not more than 100,000 yuan; if they refuse to make corrections or if the circumstances are serious, order them to suspend relevant business, stop production and business, or revoke their business licenses or revoke relevant licenses. Where unlawful gains are more than 1 million yuan, a fine of not less than one hundred thousand yuan but not more than ten times the illegal gains shall be imposed, and where there are no illegal gains or the illegal gains are less than one million yuan, a fine of between 100,000 and 1 million yuan shall also be imposed.

Lawyer Zhu Jieping said that if the enterprise involved violates the provisions of article 50 of the Law on the Protection of Minors, the relevant competent departments should at least take penalties for the enterprises involved: order the enterprises involved to make corrections within a time limit, give warnings, confiscate illegal gains, and impose a fine of not more than 100,000 yuan; for those who refuse to make corrections or if the circumstances are serious, order them to suspend relevant business, stop production and business, revoke business licenses, revoke relevant licenses, and impose a fine of more than one million yuan or more on illegal gains, and impose a fine of not less than one time but not more than ten times the illegal gains. Where there are no illegal gains or where the illegal gains are less than 1 million yuan, a fine of between 100,000 and 1 million yuan shall be imposed.

Public information shows that in 1994, Jiangnan cloth with women's clothing started, the main "neutral", emphasizing the design style of cotton and linen materials, at present, Jiangnan cloth has a brand can be divided into: mature brand JNBY; growth brand CROQUIS (sketch), jnbybyJNBY, LESS; emerging brand POMEDETERRE Pengma, JNBYHOME and so on. Among them, the "jnby by JNBY" covering the children's clothing market is an important part of its "gold absorption".

According to AI Finance and Economics, according to the 2021 fiscal year annual report, jnby by JNBY achieved revenue of 656 million yuan, an increase of 47.8% year-on-year. In the Group's total revenue, the proportion of sales revenue contributed by children's clothing brands continues to rise, and from fiscal 2017 to fiscal year 2021, jnby by JNBY's revenue share increased from 12.6% to 15.9%.

This article is an exclusive manuscript of the Observer Network and may not be reproduced without authorization.

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