Author: Zhou Xingju

Link:/question/29743707/answer/60276080

Source: Zhihu.

The copyright belongs to the author. Please contact the author for authorization for commercial reprinting, and please indicate the source for non-commercial reprinting.

Analyzing this revision from the field of personal research, there have been many discussions about advertising media on the Internet, so I mainly write from the perspective of advertising management. If there is any dispute, please discuss it.

This time, the new advertising law has greatly revised the original advertising law. Only eight of the original 49 articles of the Advertising Law are retained, and the rest will be revised or added or deleted, which will be implemented from September 1 this year, and every advertising practitioner needs to pay attention.

First of all, from the industry, this new version of the advertising law will have a more significant impact on the following industries:

Health food and medical treatment: the new advertising law restricts the description of curative effect and disease prevention in health food advertisements, and it is not possible to indirectly promote health food and medical products through health programs, mainly for so-called expert health lectures that can be seen at any time by some local TV stations. Another big impact is that from September, health food and medical products will no longer be able to use advertising spokespersons, which has brought a lot of trouble to many health food giants. At the same time, advertisements for all products except medical products shall not contain medical terms such as disease treatment. The industries where guns are fired here are mainly health food, sporting goods and fitness equipment.

Pesticides, veterinary drugs, feed, feed additives, agricultural and forestry products: the main impact is that the efficacy and expected benefits can not be described in advertisements. It seems that advertisements in these industries are all like this routine?

Tobacco: Focus on the industry. Basically, tobacco advertising can bid farewell to mass media and public places. Even if you advertise, you can't see the scene of smoking, and you can't suggest that smoking can refresh you ... Even if you take the common tobacco brand image advertisement as a sideline, you risk being accused of being a disguised tobacco advertisement. Perhaps the best tobacco advertisement is no advertisement. In fact, the state has banned tobacco advertising for some time and the effect is good. This time, the heavy-handed attack is not so much to standardize the tobacco advertising environment as to express the determination of the country to vigorously rectify the tobacco industry.

Alcohol: the main influence of lying with tobacco is that you can't appear the image of drinking, and you can't appear in the media with minors as the main audience.

Education and training: there are restrictions on its guarantee and commitment, and the training effect cannot be promised in the advertisement. Advertisements such as "XX degree, getting XX points a year" and "going to XX school and easily obtaining XX qualification certificate" have become history, and I believe many training institutions are having a headache.

Investment: there are requirements for its limited guarantee commitment. At present, most of the formal financial products and investment real estate advertisements are still satisfactory, but some real estate companies still need to modify the advertising words.

Real estate: the advertising content is limited, and it is clear that there can be no appreciation return. One of them is more interesting: "The project site selection should be expressed by the actual distance from the project to the existing traffic trunk road of a specific reference, not by the required time". Although there are many ways to circumvent this requirement, it is not difficult to find that the state has strengthened its crackdown on the concept of stealing in advertisements.

Let's take a look at some major changes in advertisement operation. ...

New regulations on false advertisements have been added: through several descriptions, the boundaries of false advertisements have been defined, and mass media are also prohibited from publishing advertisements in the form of news, hoping to suppress some inferior advertisements full of unknown addresses. At the same time, I am more concerned about the specific criteria for judging "other situations that deceive and mislead consumers with false or misleading content". After all, the soul of advertising lies in creativity, and I don't want to suppress some excellent works that are reasonably exaggerated.

Advertising regulations for minors have been added: there can be no advertisements in textbooks, teaching AIDS, workbooks, stationery, teaching AIDS, school uniforms and school buses, and the phenomenon of advertisements for teaching equipment in textbooks will become history (the people who originally came up with this idea are really crazy). I wonder if the occasional enterprise name in the illustrations in the book will be regarded as an embedded advertisement; Breast milk substitutes cannot appear in the mass media, and the milk powder industry has to find another way; /kloc-Advertising for minors under the age of 0/4 cannot induce parents to buy and have unsafe behaviors (personally, it is a bit difficult to implement, at least it is a matter of wrangling).

New regulations on advertising spokespersons have been added: this is another key regulatory area, for example, minors under the age of 10 may not be used as spokespersons (although they can also be used as general advertising figures); Advertisers are not allowed to prove their unused goods or services (what do you think of Jiro Wang ...); Now, if false advertisements cause losses to consumers, spokespersons will bear joint and several liabilities: not only will the commission be confiscated, but they will also be fined twice as much as the commission1-,and they may not be hired as spokespersons again within three years. It can be seen that the state will crack down on the situation that illegal enterprises use spokespersons to paralyze consumers. Stars should really think twice when they receive advertisements.

A new regulation on Internet advertising has been added: legal support can't keep up with the development speed of the Internet, but the state has also made efforts in this regard: it has strengthened the management of pop-up advertisements, requiring that pop-up advertisements appearing on websites can't affect users' normal browsing and use (this is a bit redundant, because if there are too many advertisements on a website, users will silently click on the upper right corner, needless to say). It is not allowed to send e-mail advertisements to the other party without the consent of the other party, which slightly limits the spam from the legal level, but in the long-term practice, the significance may not be as good as that of the e-mail provider to improve the anti-spam technical means (at the same time, it is also stipulated that it is not allowed to send advertisements to houses and vehicles without permission, which may be useless, and all kinds of leaflets will still explode into residents' mailboxes, and all kinds of invoice cards will still be stuffed into the cracks in your window glass when traffic jams occur).

Let's look at the changes in advertising management and division of responsibilities:

Advertisers and publishers will bear more responsibilities: the new advertising law puts the responsibility for the authenticity of advertisements on advertisers and requires advertisers to ensure the authenticity of advertising information, which actually reduces the burden on advertising companies and puts forward higher requirements for advertisers to review advertisements. As a publisher, if the media fails to judge the influence of advertising content on consumers, thus damaging the interests of consumers, it will bear part of the responsibility.

The advertising supervision process is clearer: the new law clearly describes the general process of supervising the advertising industry, and this transparency will promote more benign cooperation between the industry and the government.

Intensify punishment: the punishment for some violations will be increased from the original 1-5 times the advertising fee to 3-5 times, and a fine of 2 million yuan will be imposed if the circumstances are serious.

-

From the revision of the new advertising law, we can actually read the national thinking and positioning of the advertising industry, mainly as follows:

1. Pay more attention to protecting consumer rights. In the era of mass media, enterprises and consumers are always in an environment of asymmetric information, and consumers who don't understand are easily deceived by bad information. Therefore, the new advertising law has made more detailed advertising requirements for some sensitive industries, many of which are not mentioned in the 95 th edition of the advertising law. It is worth mentioning that the new law has greatly improved the protection of minors' rights and interests, and relevant enterprises must make adjustments in their advertising strategies.

2. Crack down on the chaos of spokespersons: Especially in recent years, the problems caused by spokespersons are endless. Some endorsements of fake products cause disputes, some endorsements of dozens of brands at the same time, and some spokespersons' own styles cause public relations crisis ... The new law firmly links the interests of spokespersons with the brands they endorse, forcing spokespersons not to accept invitations easily, which may bring short-term unfavorable situations to some industries.

3. The products with large effect variables are strictly regulated: education and medical care, in particular, are all types that are greatly influenced by consumers' own characteristics, so the new consumer law requires that such advertisements should not describe the use effect of products, which is a responsible practice for consumers. Similarly, pesticides, veterinary drugs, agricultural and forestry crops, financial management and other industries that are greatly affected by the environment have similar regulations, and it is impossible to find authoritative institutions such as scientific research units, academic institutions and industry associations to endorse them.

Naturally, many people think that the new advertising law will have a great impact on the current advertising industry. No matter how hard it is implemented, the fate of many advertising companies and traditional media will be in great uncertainty if the provisions in the new law are really implemented. Imagine: advertising accounts for more than 60% of the income of many newspapers. If those health care products, medical supplies, real estate and newspapers have really disappeared, how can the big gap be filled? If there are no pop-up advertisements that pop up from time to time and can't be closed, how can some portals attract audiences? Instead of trying to provide excellent content and trying to eat the old capital of user traffic, even if there is no new advertising law, it is bound to be eliminated by the times.

So, as an advertising company, how to deal with this influence? In fact, the implementation of the new law has actually given the industry a chance to reshuffle and regenerate for the following reasons:

1. A large number of inferior advertising companies will die. The current advertising environment is a state of uneven industry level. The competition between advertising companies is not whose advertising quality is good, but whose relationship is hard enough and who spends enough money. Overwhelming advertisements can force consumers to accept your advertisements. In the long run, bad money will inevitably drive out good money. Apart from the effect, I appreciate the attitude of cracking down on malicious advertisements embodied in the new advertising law. The essence of advertising is to provide value for customers. Only by allowing those advertising companies that can produce advertisements that consumers like to survive can the industry really develop healthily.

2. Diversified business models will become the mainstream of advertising companies. In fact, this trend has been gradually reflected in recent years: more and more advertising companies (I mean "advertising companies" that have more than one facade, and the most business is printing documents and making banners) have begun to extend their product lines, from basic advertising design and production to product packaging design, event planning, marketing planning, public relations processing, media connection and a series of new businesses. Forward-looking advertisers have realized that in the internet age, advertising alone can't solve the problem; Although the role of advertising is still strong, integrated marketing communication can meet the needs of the times.

3. The new advertising law actually implies the country's expectation for the advertising industry. Article 3 of the new law mentions that advertisements should be truthful and lawful, express their contents in a healthy way, and meet the requirements of building socialist spiritual civilization and carrying forward the excellent traditional culture of the Chinese nation; Article 74 mentions that the state encourages and supports public service advertising activities, spreads socialist core values and advocates civilized fashion. As an idealist, I really want to see advertisers deliver advertising information through healthy values. In this era of complicated and impetuous information, perhaps that trace of returning to nature can melt the frozen heart more than beauty makeup money.