The proliferation of star false advertisements stems from the imperfection of current laws and regulations. Because the current legal system for effective control of commercial advertisements is not perfect, there is still a lack of necessary constraints on star advertising. Judging from the current Advertising Law and Regulations on Advertising Management, the scope of its legal adjustment and punishment measures need to be further clarified, the authority of various functional departments has not been clarified, and its legal operability needs to be enriched and improved. At present, in the Advertising Law and the Anti-Unfair Competition Law, only advertisers, advertising agents and publishers are regulated, but the participants in advertisements are ignored. Although the role of stars in false advertisements is tantamount to aiding and abetting abuse, consumers can't find the legal basis that they must bear joint and several liability for compensation. Stars do not have to bear any risks and responsibilities for making false advertisements. In this way, the stars who make false advertisements have an opportunity to earn huge endorsement fees without conscience, and it is specious to endorse false advertisements for unscrupulous businesses, even without fear.
Poor law enforcement and inadequate supervision.
At present, China is in the transitional stage from planned economy to market economy system. In the transitional period, the established supervision mechanism under the planned economy system will inevitably be unbalanced and weakened, and it will take a long time and process to form and play a role in the new supervision mechanism to meet the needs of the market economy. The coexistence of the two systems leads to many contradictions in economic life. On the one hand, institutional changes lead to people's strong pursuit of their own interests. On the other hand, due to the factors in the process of institutional change, the system that matches the market economy is not perfect enough and does not match the existing laws and regulations, which makes the law enforcement departments at a loss. At the same time, due to the lack of compliance with laws and lax enforcement, there is a lack of necessary and effective supervision over false advertisements, which leads to the intensification of opportunism of actors and the breeding and spread of false advertisements. The lag of administrative supervision in the transition stage of economic system will inevitably give false advertisements an opportunity.
(3) Some merchants, enterprises and stars are eager for quick success and instant benefit, and mercenary advertisements are the product of the development of commodity economy. False advertising behavior is an opportunistic behavior in economic activities, and its essence is that market subjects with profit as their pursuit motivation use all possible opportunities to harm others and benefit themselves. The producers (sellers) of inferior products will only commit fraud if they get extra expected income from producing and selling inferior products than from producing and selling genuine products (high-quality products).
Behavior. For producers and sellers of inferior goods, the cost of producing inferior goods, including production cost, sales cost and potential additional cost (risk loss), is far lower than the cost of genuine goods. Under the condition of market economy, the pursuit of profit maximization is the goal of enterprises. Before the establishment of a good economic order, the profit-seeking nature of the market economy often led some industrial and commercial enterprises to be keen on short-term behavior and use false advertisements to promote inferior goods under the temptation and drive of huge profits. In order to open up a "shortcut" for them to gather capital. Immature commodity economy and nonstandard market environment are the foundation and soil for the existence of star false advertisements. Bad producers and advertising producers use star false advertising as a means of promotion and take star false advertising as the "key" to gain competitive advantage. Nowadays, many advertisements for food, medicine or articles involve the rehabilitation and longevity of the elderly, advocating the slimming and beauty of young people, and educating children. There are exaggerated, fraudulent or false star advertisements.
In addition, the advertising industry lacks macro-management and necessary qualifications and conditions, and it has developed too fast and excessively, which has also brought some bad consequences. Some advertising companies rushed to launch, lacking the necessary funds and personnel, and some industrial and commercial enterprises also set up their own advertising companies, which will inevitably affect the scientific nature of advertising. Moreover, because the verification and review of advertising content depends on the advertising business units themselves and lacks effective supervision, some advertising business departments relax the advertising review, and even regard the review system as dispensable, which makes false advertisements take advantage of it. Driven by interests, the advertising department will knowingly commit crimes. With the intensification of media wars in cities, in order to win more shares in the limited advertising market and obtain higher profits, the advertising departments of some media "are mothers when they have milk", abandon principles, disregard national laws and regulations and professional ethics, put money first, lower the standards of advertising review, and even reluctantly "cut the meat" knowing that advertisements are false, turning a blind eye and letting them have a green light all the way.
(D) advertising multi-channel operation, there are loopholes in the system.
For the development of the media industry, many media entrust all or part of their advertisements to advertising companies. When advertising agency, advertising companies pay attention to performance and profit, ignoring the examination of the authenticity of advertising content according to law. Regard money as the first priority. When a large number of advertisements are put on the media every day, they are all signed by the media routinely, and all advertisements are "verified". Most media believe that the leaders of content advertising agencies have signed and agreed that there is no need to review the advertising content, and false advertisements will immediately "appear in black powder".
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Besides. The government has relaxed its control over false advertisements, and some local governments should strengthen supervision through local supervision and other functional departments. The advertising industry and media authorities should be strict in protectionism and adopt loose policies, which also encourages false advertisements to enter and censor advertisements, and intensifies anti-commercial unfair competition and counterfeiting. Poor management and local protectionism are the sources of fake and shoddy goods and false advertisements.