"Implant advertising belongs to advertising endorsement" is a necessary norm

2022-02-10

Recently, Shanghai Market Supervision Bureau issued the compliance guidelines for commercial advertising endorsement activities. The guidelines specify that in the variety show with commercial implanted advertisements, the participating star artists and social celebrities have recommended and proved the implanted goods and services in their own name, which meets the definition of Advertising Spokesperson and should fulfill the legal responsibilities and obligations of advertising spokesperson. China's "advertising law" stipulates that an Advertising Spokesperson refers to a natural person, legal person or other organization other than the advertiser who recommends and proves goods and services in his own name or image. In real life, in order to improve the popularity of goods or services, some enterprises often hire star artists and social celebrities as spokesmen. When endorsing commercial advertisements, stars and celebrities generally consciously abide by relevant laws and regulations, carefully select the enterprises, goods or services they endorse, and prevent the risk of illegal and false endorsements. However, as a special form of advertising, whether star implantation advertising belongs to the category of advertising endorsement has not been clarified and is in the fuzzy zone of supervision. The so-called embedded advertising refers to an advertising method that integrates the representative audio-visual brand symbols of products and services into film and television or stage works. Embedded advertising is easy to leave a deep impression on the audience and help to achieve the purpose of marketing. Because the audience has a natural resistance to advertising, integrating the business's products or services into the film and television plot and variety show can achieve a subtle publicity effect, which is much better than the effect of hard promotion. In recent years, with the development of films, television, games and so on, implant advertising has become a battleground for strategists in popular variety shows. Even some brands have been jokingly called "broadcasting variety shows in advertisements" by the audience because they have implanted too much advertising content in variety shows. Compared with the prudence in choosing endorsements, some star artists are often more casual about embedding advertisements. In the view of some stars, the commodities and services mentioned in the program belong to a part of creative design. When the series or variety show is broadcast to a certain node, the actors use the role relationship and scene props in the play to promote the products by means of warmth, funny and brainwashing. The style is humorous and creative. Because it is usually related to the plot, this kind of embedded advertising often skips the ball intentionally or unintentionally, which also brings difficulties to the supervision of relevant departments. After all, advertising is advertising. Although under the cloak of creative insertion and plot design, stars advertise goods in variety shows, they are still entrusted by advertisers to recommend and prove their goods or services in their own name or image. Shanghai makes it clear that "implant advertising belongs to advertising endorsement", and the participating star artists and social celebrities should fulfill the legal responsibilities and obligations of advertising spokesmen, which helps to standardize the behavior of implant advertising and guide star celebrities to improve their awareness of legal and compliance. "Implant advertising belongs to advertising endorsement", which means that implant advertising can not "do what you want", and is also regulated by laws and regulations such as the advertising law. According to the regulations, minors under the age of 10 shall not be used as advertising spokespersons; Advertisements for medical treatment, drugs, medical devices and health food shall not use advertising spokesmen to make recommendations and certificates; If a false advertisement of goods or services related to the life and health of consumers causes damage to consumers, its Advertising Spokesperson shall bear joint and several liability with the advertiser. These Provisions also apply to implant advertising. In addition to the implantation of commercial advertisements common in film and television dramas and variety shows, the guidelines mentioned that in some online live broadcasting activities, if the live broadcasting content constitutes commercial advertisements, star artists who participate in online live broadcasting and recommend and prove goods and services in their own name or image should fulfill the legal responsibilities and obligations of advertising spokesmen. In particular, some artists often“ ×× Experience officer "and other names to prove that although they do not indicate their identity, the public can still identify their advertising behavior through the image displayed by artists, so they can not change their identity as advertising spokesmen. Clarifying the specific scenes of commercial advertising endorsement can better define the Advertising Spokesperson, which is conducive to the further efforts of the regulatory authorities. The relevant provisions are expected to be clarified at a higher level and in a wider scope. Enterprises, program producers and star artists should treat implanted advertisements carefully and consciously abide by the legal boundaries. Relevant departments should also strengthen supervision, bring implanted advertisements into the scope of supervision and review, and purify the order of the advertising market. (outlook new era)

Edit:Yuanqi Tang    Responsible editor:Xiao Yu

Source:

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>