Legal subjectivity:

With the gradual implementation of advertising laws, many advertisers have already rectified their products and platforms. However, due to the current uneven situation in the advertising industry, there are still a few businesses that take desperate risks, take advantage of legal loopholes, and violate the new advertising law, such as abusing prohibited words, exaggerating or even making false propaganda. According to Chapter 5 of the Advertising Law of the People's Republic of China, penalties for violating advertising laws are clearly stipulated, so we hope that all advertisers can advertise within the legal scope. one. Penalties for Violating the Advertising Law 1. Anyone who violates the provisions of this Law and uses advertisements to falsely promote goods or services shall be ordered by the advertising supervision and management agency to stop publishing, and public corrections shall be made within the corresponding scope with an equal amount of advertising fees to eliminate the impact, and shall be punished A fine of not less than one time but not more than five times the cost of advertising shall be imposed; the advertising operators and publishers responsible shall have their advertising fees confiscated and shall be fined not less than one time but not more than five times the cost of advertising; if the circumstances are serious, their advertising business shall be stopped in accordance with the law. If a crime is constituted, criminal liability shall be pursued in accordance with the law. 2. If, in violation of the provisions of this Law, a false advertisement is published to deceive and mislead consumers, causing damage to the legitimate rights and interests of consumers who purchase goods or receive services, the advertiser shall bear civil liability in accordance with the law; the advertising operator or advertising publisher knowingly or It should be known that those who design, produce and publish false advertisements shall bear joint and several liability in accordance with the law. If advertising operators or advertising publishers cannot provide the true name and address of the advertiser, they shall bear full civil liability. Social groups or other organizations that recommend goods or services to consumers in false advertisements and cause harm to consumers' legitimate rights and interests shall bear joint and several liability in accordance with the law. 3. If the publishing of advertisements violates the provisions of Paragraph 2 of Article 7 of this Law, the advertising supervision and management agency shall order the responsible advertisers, advertising operators, and advertising publishers to stop publishing public corrections, confiscate the advertising fees, and impose a fine of 100% of the advertising fees. A fine of not less than 10 times but not more than 5 times; if the circumstances are serious, the advertising business shall be stopped in accordance with the law. If a crime is constituted, criminal liability shall be pursued in accordance with the law. 4. If the publishing of advertisements violates the provisions of Articles 9 to 12 of this Law, the advertising supervision and management agency shall order the responsible advertisers, advertising operators, and advertising publishers to stop publishing and make public corrections, and the advertising fees may be confiscated. A fine of not less than one time but not more than five times the advertising cost shall be imposed. If the publication of an advertisement violates the provisions of Article 13 of this Law, the advertising supervision and administration authority shall order the publisher of the advertisement to make corrections and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan. 5. Violating the provisions of Articles 14 to 17 and 19 of this Law by publishing advertisements for drugs, medical devices, pesticides, food, alcohol, and cosmetics, or publishing advertisements in violation of Article 31 of this Law If the advertising supervision and administration authority orders the responsible advertisers, advertising operators, and advertising publishers to make corrections or stop publishing, the advertising fees will be confiscated, and a fine of not less than one time but not more than five times the advertising fees may be imposed; if the circumstances are serious, Stop its advertising business in accordance with the law. 6. Anyone who violates the provisions of Article 18 of this Law by using radio, film, television, newspapers, or periodicals to publish tobacco advertisements, or placing tobacco advertisements in public places, shall be ordered by the advertising supervision and administration agency to the responsible advertiser. , advertising operators and advertising publishers stop publishing, confiscate advertising fees, and may also impose a fine of not less than one time but not more than five times the advertising fees. 7. If an advertisement is published in violation of the provisions of Article 34 of this Law without review and approval by the advertising review authority, the advertising supervision and management authority shall order the responsible advertiser, advertising operator, or advertising publisher to stop publishing and confiscate the advertisement. fees, and a fine of not less than one time but not more than five times the advertising fee. If an advertiser provides false certification documents, the advertising regulatory authority shall impose a fine of not less than RMB 10,000 but not more than RMB 100,000. If an advertisement review decision document is forged, altered or transferred, the illegal gains shall be confiscated by the advertising supervision and administration authority and a fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed. If a crime is constituted, criminal liability shall be pursued in accordance with the law. 8. If the advertising review agency makes a review and approval decision on illegal advertising content, the directly responsible person in charge and other directly responsible personnel will be given administrative sanctions by their unit, superior agency, and administrative supervision department in accordance with the law. 9. Administrative sanctions will be given to staff members of advertising supervision and management agencies and advertising review agencies who neglect their duties, abuse their powers, or practice favoritism. If a crime is constituted, criminal liability shall be pursued in accordance with the law.

10. Advertisers, advertising operators, and advertising publishers who violate the provisions of this Law and commit any of the following infringements shall bear civil liability in accordance with the law: harming the physical and mental health of minors or disabled people in advertisements; counterfeiting the patents of others; disparaging others; The goods or services of other producers and operators; using other people’s names and images in advertisements without consent; other infringement of other people’s legitimate civil rights and interests. 2. Remedies for dissatisfaction with the penalty If a party is dissatisfied with the administrative penalty decision, he or she may apply for reconsideration to the superior authority of the agency that made the penalty decision within fifteen days from the date of receipt of the penalty notice; the party may also apply for reconsideration after receiving the penalty notice. File a lawsuit directly with the People's Court within fifteen days from the date of filing. The reason why our country has introduced such a strict advertising law is because of the characteristics of the market economy. False and exaggerated propaganda, or the use of prohibited words, etc. will not only cause losses to consumers, but also endanger the healthy development of the market economy. Team my country Building a harmonious society will do a lot of harm but not a single good. Only under the restrictions of strict legal regulations can the behavior of advertisers be restrained and a pure and positive atmosphere in the industry environment be ensured, which will have a good effect on both consumers and advertisers. Legal objectivity:

With the rapid growth of WeChat user groups, more and more merchants are turning their attention to the WeChat marketing model. So, I don’t know since when, our circle of friends has been flooded with various micro-business advertisements from time to time, which is very annoying. However, according to the relevant provisions of the new "Advertising Law" that came into effect on September 1, 2015, you may be subject to compensation for indiscriminate advertising in Moments. Interpretation of Advertising Law: Beware of advertising in Moments and you will be sued for compensation. "Friends who have received small red envelopes on WeChat, please help me forward the advertisement." When grabbing red envelopes in WeChat groups, be careful. Red envelope senders often ask friends who have received red envelopes. Help forward ads. You have to be quick to receive red envelopes, but you have to think twice when forwarding advertisements. Xie Xuyang, director of the Advertising Supervision Division of the Wenzhou Municipal Administration for Market Regulation, told reporters that starting from September 1, the implementation of the new "Advertising Law" will not only have a greater impact on Wenzhou's enterprises and merchants when conducting advertising, but will actually have a greater impact on the future. We also have restrictions on forwarding advertisements in WeChat Moments, Weibo and other places. "The new advertising law has greatly broadened the scope of advertising publishers." Xie Xuyang told reporters that the previous old advertising law stipulated that advertising publishers could only be "legal persons or other economic organizations", and at the same time, there needed to be an agreement between the publisher and the product operator. The premise of paying "fees". However, in the new Advertising Law, regardless of whether an entity or a natural person charges a fee, as long as they directly or indirectly introduce the goods or services they promote, it constitutes advertising behavior. If the advertising content is false and deceives and misleads consumers, the advertising publisher may be the subject of a claim. It is understood that the shopping process in Moments is as follows: Generally, sellers publish product information on the Internet. After buyers take a fancy to a certain product, they place an order with the seller, pay part or full payment first, and then the seller delivers the goods. Most sellers rely on the trust of acquaintances. Lin Lili (pseudonym), a citizen, has a lot of social contacts and has hundreds of WeChat friends, but she got into trouble because of her enthusiasm. Not long ago, one of her friends was selling facial masks. Once, the friend sent a WeChat red envelope to her best friend group, and Lin Lili grabbed one of the red envelopes. But then, her friend half-jokingly asked the friend who had grabbed the red envelope to forward the facial mask advertisement for her, and also directly sent the facial mask advertisement to the group for friends to forward. Lin Lili told reporters that she didn't think much about it at the time and forwarded the advertisement directly to her circle of friends. After some time, Lin Lili received a complaint from another friend, "My friend called and said that she bought the facial mask in the advertisement I forwarded, but after using it, she found that it was a non-product and caused serious damage to her skin. Allergic. She took out her anger on me and said that I must also take responsibility." Lin Lili, who only received a 0.3 yuan red envelope, felt aggrieved. In the end, Lin Lili had no choice but to spend her own money to buy gifts to appease her friends, so that the controversy over advertising on WeChat Moments was subsided. But this incident also made Lin Lili cautious about forwarding advertisements in Moments. The reporter learned from interviews that in recent years, with the rise of mobile Internet, Weibo and WeChat have become popular, and advertisements in WeChat Moments and Weibo have become more and more common. Some citizens even send out red envelopes in WeChat groups and ask friends who have received the red envelopes to help post advertisements in Moments. Even though the recipients only received "a few cents" in red envelopes, they can only forward the advertising information out of face. However, conflicts and disputes caused by such casual forwarding of advertisements are also increasing.

In these conflicts and disputes, citizens have a lot of doubts: Do they need to bear legal responsibility if they receive "little red envelopes" to help forward advertisements in their circle of friends? If no fees are charged, do they also need to bear corresponding legal liability if they help forward advertisements to promote products? Natural persons Advertising in self-media requires liability. Lawyer Zhao Bo from Beijing TECO (Shenzhen) Law Firm has long been concerned about the legal liability issues in advertising in new media. Yesterday, Zhao Bo pointed out in an interview with this reporter that the new advertising law will be implemented on September 1, 2015. In Article 2 of the new advertising law, the scope of advertising publishers is covered by the "legal persons" stipulated in the old advertising law. The scope of "or other economic organizations" has been extended to natural persons. In other words, the new advertising law stipulates that natural persons also belong to the publishers of advertisements. How to define the information sent by the circle of friends as advertising? Zhao Bo said that according to the provisions of the old and new advertising laws, "directly or indirectly introducing the goods or services you promote through certain media and forms" is an act of advertising. If the forwarder does not charge red envelopes or other fees to help others publish advertising information, is it considered advertising? The new advertising law has deleted the premise involving "fees" in the old advertising law. Therefore, whether a natural person charges a fee or not, it is considered advertising. It does not affect the information published and is in the nature of advertising. If the identity of the citizen belongs to the advertising publisher and the advertisement is indeed published, what responsibilities does it need to bear? Zhao Bo further explained that according to Article 56 of the new advertising law, “publish false advertisements, deceive and mislead consumers, and cause If the legitimate rights and interests of consumers who purchase goods or receive services are harmed, the advertiser shall bear civil liability in accordance with the law. If the advertising operator or advertising publisher cannot provide the advertiser's real name, address and valid contact information, the consumer may request advertising. Operators and advertising publishers should first compensate. "If the advertiser cannot provide basic information about the advertising source, friends who have suffered losses from the products purchased through their advertisements can first seek compensation from the advertising publisher. Zhao Bo reminded that in the information society, everyone is a self-media and can share their work and life in their circle of friends. However, forward unfamiliar advertising information with caution. Legal sources: You can refer to the new "Consumer Law" to protect your rights. "Taobao still has many loopholes. What's more, there is no third-party guarantee for WeChat transactions. They only rely on the trust between friends. This will inevitably lead to fraudulent products entering the WeChat platform. If I was defrauded while shopping in Moments, how should I protect my rights?” Some WeChat friends asked. In this regard, legal experts believe that we can refer to the new "Consumer Law" to safeguard rights against the terms of online shopping. "Operators use the Internet, TV, telephone, mail order and other methods to sell goods. Except for special circumstances, consumers have the right to return goods within seven days from the date of receipt without giving reasons, but consumers need to bear the return shipping costs themselves." However, citizens are also reminded that WeChat currently does not implement a real-name system, and transactions are also private and lack consumption vouchers. Unlike physical stores, where there is a large amount of ready-made goods to check, supervision is difficult. According to a staff member of the 12315 Complaint and Reporting Command Center of the Municipal Administration for Industry and Commerce, it would be difficult for the industrial and commercial department to accept such complaints without the seller’s true information. However, according to the principle of territoriality, consumers can complain or report to the industrial and commercial department or consumer association where the actual address or mobile phone number of the website where the goods are purchased belongs.