LED electronic display advertising problems and penalties how qualitative
Time:2018-11-30
Views:129
Abstract: at present, LED electronic display advertising can be found everywhere in commercial streets. Because of the large amount of information and the fast update speed of outdoor advertising, LED electronic display advertising is widely used by businesses.LED electronic displays are used by businesses to drum up business through various advertisements to boost consumers‘ confidence in buying.But there is no lack of exaggeration, false propaganda and other untrue
At present, LED electronic display ads can be found everywhere in commercial streets. Because of the large amount of information and the fast update speed of outdoor advertisements, LED electronic display ads are widely used by businesses.LED electronic displays are used by businesses to drum up business through various advertisements to boost consumers‘ confidence in buying.But there is no lack of exaggeration, false propaganda and other content is not in line with the reality, businesses and then seek more illegal interests.
The use of LED electronic screens by merchants to publish advertisements may lead to two legal problems: on the one hand, they publish outdoor advertisements without registration by the industrial and commercial administrative departments;On the other hand, the content of advertisements contains false propaganda, exaggeration and untruth, as well as the violation of relevant terminology standards.Its main legal basis, one is for the LED electronic display problem subject to examination and approval of outdoor advertising, article 5 of the regulations on the registration of outdoor advertising "of the state council has clear rules:" the use of outdoor space, space, facilities, to display card, electronic display device, light box, neon light as a carrier of advertisements shall apply for registration of outdoor advertising to the administrative department for industry and commerce, obtain the registration certificate of outdoor advertising ".Article 3 and article 4 of the advertising law of the People‘s Republic of China (hereinafter referred to as the "advertising law") clearly stipulate that advertisements shall be truthful, lawful and conform to the requirements of the construction of socialist spiritual civilization.Advertisements shall not contain false contents, deceive or mislead consumers, etc.Chapter 2 (articles 7 to 19) regulates the terms used in advertisements.In addition, the state council "advertising regulations" and other laws and regulations have clear requirements for this.
It is understood that for businesses to use the LED electronic display of outdoor advertising processing is simpler, can be directly used to article 18 of the regulations on the registration of outdoor advertising "dealing with:" have not been registered without authorization, units and individuals that release outdoor advertising by the administrative department for industry and commerce, confiscate the illegal income and impose a fine below RMB thirty thousand yuan, the deadline for registration."And released for use of LED electronic display outdoor advertising language is not standard, false propaganda, deceive and mislead consumers, exaggerated false content, such as in the "advertisement law" it is difficult to find the corresponding disposal penalty directly, because according to the "advertisement law" article 37 or 38 and article 40 involve the calculation problem of advertising expenses.But it is difficult to determine in the process of actual operation business door head installation of LED electronic display advertising fee, because this kind of advertising for business use of computer operation and random play, not through advertising agents or advertisement publishers to make, in addition to the cost of production of LED electronic display, broadcast advertising itself does not produce cost, and thus cannot be directly used to make the LED electronic display to calculate the price of the advertising expenses.
However, since the commercial advertising has produced legal consequences, resulting in the fact of illegal behavior should bear the corresponding legal responsibility.The administrative department for industry and commerce has come up with three opinions on what kind of legal punishment should be imposed: first, it should investigate and punish according to the provisions of article 3 and item (5) of article 8 of the regulations on the administration of advertisements, and then impose corresponding punishment according to the provisions of paragraph 1 of article 17 of the rules on the implementation of the regulations on the administration of advertisements.Second, according to the "state administration for industry and commerce on the investigation and punishment of illegal advertising cases in how to confirm the amount of advertising fees notice" (industry and commerce guangzi [1995] no. 168)(hereinafter referred to as the "notice") of the relevant provisions to determine advertising costs.Third, punishment may be imposed in accordance with the provisions of item (6) of paragraph 1, paragraph 1, article 56 of the law on the protection of the rights and interests of consumers, that is, "false or misleading publicity of a commodity or service".
According to the discussion, if the penalty is imposed according to the provisions of paragraph 1 of article 17 of the implementation rules of the regulations on the administration of advertising, there should be no clear content in the advertising law.Now the notice has made it clear that in order to implement the relevant legal liability provisions of the advertising law and timely deal with the illegal advertising ACTS, the advertising fees of LED electronic display screen shall be determined according to the provisions of article 4 of the notice, that is, "the fees shall be confirmed by referring to similar advertising standards of the illegal parties".To this end, should implement punishment according to "advertisement law" the regulation of article 37, at the same time according to "announcement" the requirement goes to local advertisement market to decide cost of same kind advertisement, decide punishment specified amount according to this cost again.If there are preconditions for consumers to report or complain, they may also be investigated and dealt with in accordance with the law on the protection of consumers‘ rights and interests.
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