It needs to be reviewed from many aspects such as advertising content, promotion methods and actual effects.
1. Assessment of authenticity of advertising content
The Advertising Law requires that advertising content must be true and accurate, and must not contain false or misleading content. Therefore, when determining whether an advertisement constitutes false propaganda, the content of the advertisement first needs to be reviewed. Specifically, it includes whether the performance, function, origin, use, quality, ingredients, price, producer, validity period, commitment and other information of the product or service are consistent with the actual situation. If the advertising content is obviously inconsistent with the actual situation or is exaggerated, it may constitute false publicity.
2. Review of the legality of publicity methods
In addition to the advertising content itself, the publicity method is also an important basis for judging false propaganda. The Advertising Law stipulates that advertisements shall not use explicit or implicit methods, or use other names or forms to deceive or mislead consumers. Therefore, when reviewing an advertisement, you need to pay attention to whether it uses exaggeration, comparison, fiction, etc. to promote it, and whether there is any behavior that misleads consumers. If the advertising method violates the provisions of the advertising law, it may constitute false advertising.
3. Comparison between the actual effect and the promotional content
When determining whether the advertisement constitutes false propaganda, it is also necessary to consider whether the actual effect of the advertisement is consistent with the promotional content. If the effect advertised in the advertisement is not achieved in actual use, or there is an obvious difference, then the advertisement may constitute false propaganda. Therefore, the identification of advertisements requires a comprehensive evaluation based on consumers’ actual experience and market feedback.
In summary:
The identification of false propaganda in advertising law is a comprehensive process, which requires review from multiple aspects such as advertising content, publicity methods and actual effects. During the review process, the relevant provisions of the Advertising Law of the People's Republic of China must be strictly followed to ensure the authenticity and legality of the advertisement. At the same time, it is also necessary to pay attention to consumers’ actual experience and market feedback in order to promptly detect and correct false advertising behaviors.
Legal basis:
"Advertising Law of the People's Republic of China"
Article 2 stipulates:
In the People's Republic of China This law shall apply to commercial advertising activities in the territory of Japan and China where commodity dealers or service providers directly or indirectly introduce the goods or services they promote through certain media and forms. The term "advertiser" as used in this Law refers to a natural person, legal person or other organization that designs, produces and publishes advertisements by itself or by entrusting others to promote goods or services. The term “advertising operator” as used in this Law refers to a natural person, legal person or other organization that is entrusted to provide advertising design, production and agency services. The term "advertising publisher" as used in this Law refers to the natural person, legal person or other organization that publishes advertisements for advertisers or advertising operators entrusted by advertisers. The term "advertising spokesperson" as used in this Law refers to a natural person, legal person or other organization other than the advertiser who uses his or her own name or image to recommend or certify goods or services in advertisements.
Article 4 stipulates:
Advertisements shall not contain false or misleading content, and shall not damage the interests of the public and the legitimate rights and interests of others. Advertisers should be responsible for the authenticity of advertising content.
Article 28 stipulates:
Advertising that deceives or misleads consumers with false or misleading content constitutes false advertising. Advertisements that fall under any of the following circumstances are considered false advertisements:
(1) The goods or services do not exist;
(2) The performance, function, origin, use, and quality of the goods , specifications, ingredients, price, manufacturer, expiry date, sales status, honors and other information, or the content, provider, form, quality, price, sales status, honors and other information of the service, as well as information related to the goods or services Relevant promises and other information are inconsistent with the actual situation and have a substantial impact on purchasing behavior;
(3) Using fictitious, forged or unverifiable scientific research results, statistical data, survey results, abstracts, and quotations and other information as supporting materials;
(4) Fabricating the effects of using goods or receiving services;
(5) Deceiving or misleading consumers with false or misleading content other situations.