Implementation of the new Internet advertising regulations; The Industrial and Commercial Bureau teaches you how to issue advertisements legally.
On September 1st, the Interim Measures for the Administration of Internet Advertising came into effect. According to the regulations, natural persons should bear corresponding legal responsibilities when publishing advertisements from the media. In other words, individuals who forward advertisements on social media such as WeChat friends circle and Weibo are no longer just turning around, but taking corresponding responsibilities.

Is your circle of friends full of Wechat business and Daigou? A friend opened a moon cake shop, and you were forced to forward it. Is it an advertisement? There is something wrong with the quality of moon cakes. Do you need to be responsible? In response to these hot topics of concern to consumers, Chengdu Business Daily reporter interviewed the person in charge of the relevant departments of Chengdu Administration for Industry and Commerce to interpret the new regulations authoritatively.
The implementation of the new regulations is still willful for a week of friends circle advertising.
At present, the reporter of Chengdu Business Daily found in the circle of friends of many citizens that Wechat business and Daigou still didn’t mark "advertisement". Yesterday, the person in charge of the relevant office of Chengdu Administration for Industry and Commerce authoritatively interpreted how to define the "advertisement" forwarded by online celebrity, Big V, ordinary consumers and Daigou Wechat business in the circle of friends after the implementation of the new regulations.
Since September 1st, the Interim Measures for the Administration of Internet Advertisements has been officially implemented, which clearly requires that Internet advertisements should be identifiable and marked with "advertisement" in a prominent position. In the fan economy, online celebrity, Weibo, WeChat and other commercial advertisements published from the media should also be marked with "advertisement", and illegal advertisements published from the media will also bear corresponding responsibilities. If the circumstances are serious, they can be fined within 2 million yuan.
The "Measures" have been implemented for a week. Yesterday, the reporter found that some websites have changed "promotion" to "advertising", but in many people’s circle of friends, Wechat business is still drying products and orders, and the relevant content is not marked with "advertising".
Subsequently, the reporter investigated the situation of many famous WeChat WeChat official account, and found that none of them marked "advertisement" in the title, which was still the same as before, hidden in the article or directly promoted.
Since September 1st, the famous WeChat official account "* * * Report" has sent six articles, of which three articles indicate promotion, involving food, clothing and perfume, but there is no word "advertisement". A self-media person revealed to reporters that in fact, many self-media people have discussed the Measures recently, but soft-text advertisements still operate in the original way. "Adding’ advertisements’ is afraid of affecting reading."
How to define Internet advertising? For commercial purposes, even if
Online celebrity big v Is it an advertisement to recommend private kitchens?
Expanding the scope of advertisers to natural persons and including online celebrities and big V in self-media management is a highlight of the Measures, but many people wonder: Is the private kitchen recommended by online big V to eat with friends an advertisement?
"If online celebrity and celebrities simply broadcast live and share their feelings on the Internet, they will not be advertisements if they do not participate in advertising. If the purpose of live broadcast and sharing is to participate in the release of advertisements, it is necessary to explain in the live broadcast that the following are advertisements." The Chengdu Administration for Industry and Commerce said that the key to defining whether the content published by these media people is an advertisement depends on whether it is for the purpose of commercial promotion and whether it produces commercial benefits. At the same time, all "promotions" published from the media must now be renamed as "advertisements" so that consumers can recognize them at a glance.
ordinary people Is it an advertisement to praise and forward business activities?
"This store has a good environment, fresh dishes, and will come again next time", plus a few pictures that must be taken before meals; "If you add a micro-signal, you can get a genuine watch worth 1080 yuan, with a gift box and support inspection, limited to 200 a day!" This is what many people have sent in the circle of friends. After the implementation of the new regulations, many people have been hoodwinked: Is this forwarding an advertisement? Will it be fined if it is forwarded?
"If you don’t really participate in business activities, it is not an advertisement. The industrial and commercial departments mainly look at subjective intentions." Chengdu Administration for Industry and Commerce said that similar advertisements are not advertisements if they are found on the Internet and are not forwarded for the purpose of releasing goods or services. If it is an advertisement for the commercial purpose of a certain brand or product, it is best for ordinary citizens not to forward the product publicity information without authorization, because many times it is impossible to prove that they have not participated in business activities.
At the same time, according to the provisions of the new advertising law, if an advertiser publishes a false advertisement, the administrative department for industry and commerce will confiscate the advertising expenses and impose a fine. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan and less than 1 million yuan will be imposed, and criminal responsibility will be borne if the consequences are serious.
Wechat business daigou Is publishing product information an advertisement?
"Flying to South Korea on September 3, Korean makeup is coming!" "This milk powder has been sold out of stock for a long time" … Who doesn’t have a few Wechat business and Daigou in the circle of friends? Is the product information released by these Daigou an advertisement after the implementation of the new regulations? Can special items such as milk powder, medicines and health care products be bought casually? What are the procedures for purchasing these things?
"The product information released by purchasing and Wechat business is of course an advertisement." In this regard, the Chengdu Administration for Industry and Commerce believes that there is no doubt that if the content published by Wechat business Daigou in the circle of friends is to promote products, it is necessary to clearly mark "advertising" in these published contents. At the same time, advertisements for special commodities or services that are subject to examination by the advertisement examination organ according to laws and administrative regulations such as medical treatment, medicines, formula foods for special medical purposes, medical devices, pesticides, veterinary drugs and health food advertisements shall not be published without examination.
How to report illegal advertisements? Screenshot notarization can be used as evidence.
How should the public report illegal advertisements found in the circle of friends? "Because the WeChat circle of friends belongs to a private space, the industrial and commercial system cannot normally monitor the internal advertising content. When citizens find illegal advertisements, they can keep the content by means of screenshots and then report it to the industrial and commercial department. "
In response to the supervision of the private sector and the push between friends, the relevant person in charge of the Chengdu Industrial and Commercial Bureau said that the screenshots of the exchanges and transaction records in the circle of friends can be used as evidence after notarization by the judicial notary office. At the same time, in terms of complaint channels, the new regulations clarify the jurisdiction of the advertising supervision department, and impose administrative penalties on Internet advertising violations, which are under the jurisdiction of the administrative department for industry and commerce where the advertisement publisher is located. Where the administrative department for industry and commerce of the place where the advertiser is located or where the advertising operator is located first discovers illegal clues or receives complaints or reports, it may also exercise jurisdiction.
It is reported that the State Administration for Industry and Commerce is accelerating the construction of an Internet advertising monitoring center, which is expected to cover about 90% of the national Internet advertising share by the end of the year. With the implementation of the Interim Measures, the Internet Advertising Monitoring Center has also been put into trial operation, which will initially form a national Internet advertising monitoring capability based on cloud computing, provide important technical support for Internet advertising supervision and law enforcement, such as data collection, illegal evidence fixation, monitoring information release and result summary, and promote the realization of network management. (Reporter Li Yanqin)