Article: Shi Xiaojing Promoting goods or services is the main way for various self-media to achieve profitability. What are the legal risks that self-media face when publishing advertising content, and how to better avoid these risks? This article will start from It will be explained from two perspectives: the Advertising Law and the Civil Code. 1. Advertising Law Article 2 of the "Advertising Law" stipulates that within the territory of China, commercial advertising activities in which commodity dealers or service providers directly or indirectly introduce the goods or services they promote through certain media and forms shall be governed by the Advertising Law. Regulation. Self-media is a form of media and is naturally regulated by the Advertising Law. 1. Legal Risks of Advertising Spokespersons Advertising spokespersons as mentioned in the Advertising Law refer to natural persons, legal persons or other organizations other than advertisers who use their own names or images to recommend and certify goods and services in advertisements. According to the above definition, whether you are a celebrity, artist, Internet celebrity, or self-media, as long as you use your own credibility as an endorsement in an advertisement, and use your own name or image to recommend and certify other people's goods and services, it falls under "Advertising" Spokespersons in the Advertising Law shall be subject to the restrictions on spokespersons in the Advertising Law. Regarding the legal risks faced by advertising spokespersons, the legal responsibilities they should bear, and the methods to avoid risks, the author has already discussed them in previous articles, so I will not go into details in this article. Interested readers can click on the following link to read - Actor Jing Tian received administrative penalties for illegal advertising endorsements; from the incident of Li Dan's "overturning with goods", we can see the legal risks faced by spokespersons and risk avoidance methods 2. Legal risks of false advertising Advertisements deceive and mislead consumers with false or misleading content , constitutes false advertising. The goods or services promoted by self-media in the graphic, text, and video advertising content they publish do not exist; the performance, function, origin, use, quality, specifications, ingredients, price, manufacturer, validity period, sales status, and history of the goods Information such as honors, or the content, provider, form, quality, price, sales status, honors and other information of the service, as well as information related to the promise of goods or services are inconsistent with the actual situation, which has a substantial impact on purchasing behavior Using fictitious, forged or unverifiable scientific research results, statistics, survey results, abstracts, quotes and other information as supporting materials; fictitiously using goods or receiving services; using false or misleading content to deceive, Any other situation that misleads consumers, the above constitutes false advertising. If the advertising content published by self-media constitutes false advertising, it will face administrative penalties of confiscation of illegal gains and fines. If the circumstances are serious, it may face administrative penalties of revoking its business license (Article 55 of the Advertising Law); if it constitutes a crime, it shall Bear criminal liability in accordance with the law (Article 55 of the "Advertising Law" and Article 222 of the "Criminal Law"); depending on the specific illegal circumstances and different subjective requirements, bear civil liability for advance compensation or joint compensation ("Advertising Law") Article 56 of the Law). Compliance suggestions: When self-media approaches advertising and promotion of goods or services, they must fulfill their review obligations and review all qualification documents for the goods or services to be promoted (such as trademark registration certificates, various inspection reports, administrative licensing documents, etc.). Review whether the advertising copy to be promoted for goods or services complies with the provisions of the Advertising Law and relevant laws and regulations. 3. Legal risks of “three products and one device” Three products and one device refer to health foods, formula foods for special medical purposes, drugs, and medical devices. These products are directly related to the lives and health of the people and are regulated by the Advertising Law, Drugs, Medical Devices, Strict regulations are imposed by laws and regulations such as the Interim Measures for the Review and Management of Advertisements of Health Foods and Formula Foods for Special Medical Purposes. Advertisements for medical care, medicines, medical devices, pesticides, veterinary drugs and health foods, formula foods for special medical purposes, and other advertisements that are subject to review under laws and administrative regulations must be reviewed by relevant departments before release; without review , may not be published.

Specific to comparative evaluation content, use insulting language, slander and belittle other goods or services, make negative comments on other goods or services without any evidence, and falsify comparative evaluation data or results to make negative comments on other goods or services. Making negative comments, setting up unreasonable comparative evaluation plans to make negative comments on other goods or services, etc. are suspected of infringing on the reputation rights of third-party operators. Compliance suggestions: Purchase the goods or services being evaluated through formal channels and keep the purchase receipt; set up a fair, just, comprehensive and objective evaluation plan as much as possible; the evaluation plan should be repeatable and verifiable; ensure that the evaluation data, The authenticity and accuracy of the results; there must be sufficient evidence when making negative evaluations; it is prohibited to use insulting or slanderous methods to evaluate other third-party products or services; and to publish evaluation content anonymously. In addition, comparison and evaluation advertisements are also suspected of commercial defamation. The author will introduce them in detail in subsequent articles.