Thursday, June 9, 2016

No bragging impact of the new law on advertising on the Internet how much

  After 20 years for the first time on September 1, the purpose of the advertising Act, as amended. It is worth mentioning that over the past 20 years, the Internet in China has gone through from birth to the rise of leap-forward development, while the revised law on advertising, advertising on the Internet into the management category.

  It is said that new advertising law sounded the death knell for Smartphone exaggerated publicity, some say, after the coming into force of the new advertising law, "XX in violation of the advertising law" has become a manufacturers marketing new gimmicks, then new advertising law impact on how big is the Internet?

No bragging: impact of the new law on advertising on the Internet how much?

  New advertising law book "five eight" involving the Internet

  In total 75 new advertising law, there are "five eight" clearly relates to the Internet, including the 19th, 44th, 45th and 63rd and 64th. Which, subject to section 63rd, 64 for the Internet advertising violations penalty provisions, the remaining three are Internet Advertising Act regulates terms.

  The 19th article of the advertising law, "radio and television stations, newspapers, audio-video publishing, Internet information service providers are allowed to introduce health and health knowledge disguised in the form of published medical, pharmaceutical, medical device and health food ads. "

  Simply put, the advertising law "Internet service providers" with radio, television, newspapers, audio-video and other traditional publishers by equating, also an acknowledgement that the "Internet service provider" is the Publisher of advertising under the Act.

  Article 44th of the advertising Act stipulates that "the use of the Internet for advertising, application of the provisions of this law. Using the Internet to publish, send, shall not affect normal users use the network. Through pop-up ads on the Internet page, should be significantly marked closed sign, ensuring a key to close. "

  Obviously, in accordance with the provisions of this article, has been formally defined as the publication of an advertisement on the Internet channel or platform. Previously, including portal, and search, zainei of many Internet advertising released platform, most to "technology service" name for user provides service, and charged costs, now, according to new advertising method of provides, future including Sina, and Tencent, zainei of portal website, and Baidu, and sogou, zainei of search platform, and Beijing East, and Taobao, zainei of electric business platform, not suitable again to "technology service" for name engaged in advertising released of real.

  In addition, the published form of Internet advertising, which specifically required to achieve "one-key off", not to face possible advertisers will face "of less than 5,000 yuan and 30,000 yuan fines" punishment. Uber founder of seen 8 qualities of outstanding

  Article 45th of the advertising Act, "public administrator or telecom operators, Internet information service providers to which he knows or should know of the use of its site or information transmission, publishing platform sends, the release illegal ads should be stopped. "

  According to this provision, "Internet service providers" on the use of the release illegal ads have "active review and the active suppression of" obligation. If it is not stopped, there will be "unlawful income confiscated, illegal gains of more than 50,000 yuan, and illegal gains more than 1 time fined not more than three times, less than 50,000 yuan of illegal gains, and between 50,000 yuan and 10,000 yuan fine" and other punishment.

  New law on advertising ban will affect a large number of new products

  Due to the new advertising law for a particular industry or product, a lot more restrictive or prohibitive provisions will have a broad impact on many new products. Included:

  1 and children's guardian smart wearable devices. There are two main aspects of the affected one, advertising at least ten years old above, secondly, advertising must not have "induced" age of 14 minors require parents to purchase content.

  Currently, Smart dressing equipment for groups of children a lot, remove smart watch with a phone like the children's guardian, and GPS sneakers, and the subsequent promotion of the product, spokesperson and advertising content will need to be adjusted in accordance with new advertising law.

  2, P2P and other investment banking services. According to the provisions of the new law on advertising, unless otherwise provided by the State which are not "investment such as investment returns of advertising goods or services" advertisements shall not contain "future effects, earnings or its related pledged commitment", "explicitly or implicitly guaranteed, risk-free or guaranteed income."

  For finance and investment direction of advertising, in particular financial products like P2P, "capital preservation" terms or words are common, and later when advertising, including on the Internet while doing promotion, also needs to be adjusted.

  It is worth mentioning that, many believe, shall not be used in advertising in a similar "first", "best" is worded provisions of the new law on advertising, in fact, not to use "the ' national ', ' top ', ' best ' terms such as" old advertising laws has had this requirement.

  Two days before, on the micro-Bo Gao Xiaosong "pinched" Hammer technology and Luo Yonghao, blaming "stickers on products to their portraits without authorization." In fact, like a hammer "poster generator" that allows users to upload photos to generate "beautiful is not as good," personalized posters in many platforms such as micro-blogging, micro-sharing, and the posters were all built on the "nut" identity, nut the official website address of mobile phone cover cell phone pictures and a hammer. That in itself is an act of advertising or commercial promotion.

  Without permission, using photos of others to generate similar posters promoting aside outside the torts, itself also violate advertisement law provisions. Whether new laws or old advertising laws, has been specifically requested, without written consent, may not be used in advertising in others "'s name or image."

  Of course, there are plenty of other highlights of the new law on advertising concerns, such as "personal" can also be an advertising agents and publishers, and it is now in full swing for the media group, is good news.

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