Punishment standard of e-commerce violating advertising law

With the gradual implementation of the Advertising Law, many advertisers are already reorganizing their products and platforms. However, due to the mixed nature of the advertising industry, there are still a few businesses taking risks, taking advantage of the loopholes in the law and violating the new advertising law, such as abusing prohibited words, exaggerating or even making false propaganda. According to Chapter V of the Advertising Law of People's Republic of China (PRC) (hereinafter referred to as "Advertising Law"), penalties for violating the Advertising Law are clearly stipulated, so I hope that advertisers can advertise within the legal scope. 1. Punishment for violating advertising law 1. In violation of the provisions of this law, advertising is used to make false propaganda of goods or services, and the advertising supervision and administration organ shall order advertisers to stop publishing, and publicly correct and eliminate the influence within the corresponding scope with the same advertising expenses, and impose a fine of more than one time and less than five times the advertising expenses; Confiscate the advertising expenses of the responsible advertising agents and publishers, and impose a fine of more than one time and less than five times the advertising expenses; If the circumstances are serious, the advertising business shall be stopped according to law. If a crime is constituted, criminal responsibility shall be investigated according to law. 2. Advertisers who, in violation of the provisions of this Law, publish false advertisements, deceive and mislead consumers and damage the legitimate rights and interests of consumers in purchasing goods or receiving services shall bear civil liability according to law; Advertising agents and publishers who design, produce and publish advertisements knowing or should know that advertisements are false shall bear joint liability according to law. Advertising agents and publishers who cannot provide the real name and address of advertisers shall bear all civil liabilities. Social organizations or other organizations that recommend commodities or services to consumers in false advertisements, thus harming the legitimate rights and interests of consumers, shall bear joint liability according to law. 3. If an advertisement violates the provisions of the second paragraph of Article 7 of this Law, the advertising supervision and administration organ shall order the responsible advertisers, advertising agents and publishers to stop publishing public corrections, confiscate the advertising expenses and impose a fine of not less than one time but not more than five times the advertising expenses; If the circumstances are serious, the advertising business shall be stopped according to law. If a crime is constituted, criminal responsibility shall be investigated according to law. 4. If an advertisement violates the provisions of Articles 9 to 12 of this Law, the advertising supervision and administration organ shall order the responsible advertisers, advertising agents and publishers to stop publishing and make public corrections, confiscate the advertising expenses, and may concurrently impose a fine of not less than one time but not more than five times the advertising expenses. Where an advertisement violates the provisions of Article 13 of this Law, the advertising supervision and administration organ shall order the advertisement publisher to make corrections and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan. 5. Advertisers, advertising agents and publishers who publish advertisements for drugs, medical devices, pesticides, food, alcohol and cosmetics in violation of the provisions of Articles 14 to 17 and 19 of this Law, or who publish advertisements in violation of the provisions of Article 31 of this Law, shall be ordered by the advertising supervision and administration authorities to make corrections or stop publishing, and their advertising expenses shall be confiscated, and they may also be fined between one and five times the advertising expenses; If the circumstances are serious, the advertising business shall be stopped according to law. 6. Whoever, in violation of the provisions of Article 18 of this Law, publishes tobacco advertisements by radio, film, television or newspapers or places tobacco advertisements in public places, the advertising supervision and administration organ shall order the responsible advertisers, advertising agents and publishers to stop publishing, confiscate the advertising expenses and may concurrently impose a fine of not less than one time but not more than five times the advertising expenses. 7. Whoever, in violation of the provisions of Article 34 of this Law, publishes advertisements without the examination and approval of the advertising examination organ, shall be ordered by the advertising supervision and administration organ to stop publishing, confiscate the advertising expenses and impose a fine of not less than one time but not more than five times the advertising expenses. Advertisers who provide false certification documents shall be fined by the advertising supervision and administration authorities by 1 more than 10,000 yuan1less than 0,000 yuan. Anyone who forges, alters or transfers the decision on advertising examination shall be confiscated by the advertising supervision and administration organ, and shall be fined 1 10,000 yuan or more110,000 yuan or less. If a crime is constituted, criminal responsibility shall be investigated according to law. 8. If the advertising examination organ decides to examine and approve the contents of illegal advertisements, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions by their units, higher authorities and administrative supervision departments according to law. 9. Staff members of advertising supervision and administration organs and advertising examination organs who neglect their duties, abuse their powers or engage in malpractices for selfish ends shall be given administrative sanctions. If a crime is constituted, criminal responsibility shall be investigated according to law. 10. Advertisers, advertising agents and advertisement publishers who violate the provisions of this Law and commit any of the following torts shall bear civil liability according to law: those who harm the physical and mental health of minors or disabled persons in advertisements; Counterfeiting other people's patents; Degrade the goods or services of other producers and operators; Using other people's names and images in advertisements without consent; Other acts that infringe upon the lawful civil rights and interests of others. 2. If a party refuses to accept the decision on administrative punishment, he may, within fifteen days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; The parties may also bring a suit directly to the people's court within 15 days from the date of receiving the penalty notice. The reason why China promulgated such strict advertising law lies in the characteristics of market economy. If we make false and exaggerated propaganda or use forbidden words, it will not only bring losses to consumers, but also endanger the healthy development of the market economy and be harmful to the construction of a harmonious society in China. As long as strict laws are used to restrain the behavior of advertisers, it will ensure a pure and positive atmosphere in the industry environment, which will have a good effect on consumers and advertisers.

Legal objectivity:

With the rapid increase of WeChat users, more and more businesses are turning their attention to WeChat marketing model. As a result, I don't know when our circle of friends has been screened by WeChat commercial advertisements from time to time, which is annoying. However, according to the relevant provisions of the new advertising law, which came into effect on September 20 15, it is possible to claim compensation for brushing friends' circle advertisements. Interpretation of advertising law: the warning of brushing advertisements in friends circle was claimed. "Friends who received the WeChat red envelope, please help me forward the advertisement." Pay attention to grabbing red envelopes in WeChat group. Red envelopes often ask friends who receive red envelopes to help forward advertisements. Receive red envelopes quickly, but think twice about helping to forward advertisements. Xie, director of the Advertising Supervision Department of Wenzhou Municipal Market Supervision Administration, told reporters that since September 1, the implementation of the new advertising law has not only had a great impact on enterprises and businesses in Wenzhou, but also restricted our advertising forwarding in WeChat friends circle and Weibo. "The new advertising law has greatly broadened the scope of advertisers." Xie told reporters that the old advertising law stipulated that advertisers could only be "legal persons or other economic organizations", and at the same time, there was a prerequisite for publishers and commodity operators to pay "fees". However, in the new Advertising Law, no matter whether a unit or a natural person charges a fee, as long as it directly or indirectly introduces the goods or services it sells, it constitutes an advertising act. If the content of the published advertisement is false, causing deception and misleading to consumers, then the advertisement publisher can become the object of claim. It is understood that the shopping process in the circle of friends is like this: generally, the seller publishes product information online, the buyer places an order with the seller after taking a fancy to a product, pays part or all of the payment first, and then the seller delivers the goods. Sellers mostly rely on the trust of acquaintances to operate. Lin Lili (a pseudonym), a citizen, grabbed a red envelope to help turn an advertisement, but it caused a dispute, and he had a wide network of contacts. She has hundreds of WeChat friends on WeChat, but she is in trouble because of her enthusiasm. Not long ago, a friend of hers was selling masks. On one occasion, a friend sent a WeChat red envelope among girlfriends, and Lin Lili grabbed a red envelope. But then, her friend half-jokingly asked the friend who grabbed the red envelope to help her forward the mask advertisement, and also sent the mask advertisement directly to the group for friends to forward. Lin Lili told reporters that she didn't think much at that time, and directly forwarded the advertisement to the circle of friends. After a while, Lin Lili received a complaint from another friend. "My friend called and said that he bought the mask I forwarded. After using it, she found that it was three products and her skin was seriously allergic. She took it out on me and said that I also had to take responsibility. " Li, who only grabbed 0.3 yuan's red envelope, was full of grievances. Finally, Lin Lili can only buy gifts from his own pocket to appease his friends and calm down the advertising storm in this circle of friends. But this incident also made Lin Lili cautious about forwarding advertisements in his circle of friends. The reporter learned that in recent years, with the rise of mobile Internet, Weibo WeChat began to spread, and advertisements in WeChat friends circle and Weibo became more and more common. Some citizens even send red envelopes in the WeChat group. Please ask friends who grab red envelopes to help post advertisements in the circle of friends. Although people who grab red envelopes only grab a few cents, they can only help forward advertising information because of face. However, there are more and more contradictions and disputes caused by this random forwarding of advertisements. In these contradictions and disputes, the public has a lot of doubts: Do you need to bear legal responsibility for collecting "small red envelopes" to help forward friends' advertisements? If you don't charge any fees, do you need to bear corresponding legal responsibilities to help forward advertisements and promote products? Natural persons should bear the responsibility of self-media advertising. Lawyer Zhao Bo of Beijing Dongyuan (Shenzhen) Law Firm has long been concerned about the legal liability of new media advertisements. Yesterday, Zhao Bo pointed out in an interview with our reporter that the new advertising law will be implemented on September 1 20 15. In the second article of the new Advertising Law, the scope of advertisement publishers has been expanded from "legal person or other economic organization" stipulated in the old Advertising Law to natural persons, that is to say, the new Advertising Law stipulates that natural persons also belong to advertisement publishers. How to define the message sent by friends circle as advertisement? Zhao Bo said that according to the provisions of the old and new advertising laws, "directly or indirectly introducing the goods or services you sell through certain media and forms" is an advertising act. If the freight forwarder helps others publish advertising information without receiving red envelopes or other fees, is it an advertisement? The new advertising law removes the premise of "charging" in the old advertising law. Therefore, whether a natural person charges or not will not affect the information it publishes, which belongs to the nature of advertising. If a citizen's main identity belongs to an advertisement publisher, what responsibilities should he bear if he does publish an advertisement? Zhao Bo further explained that according to Article 56 of the new Advertising Law, "Advertisers who publish false advertisements to deceive or mislead consumers and damage the legitimate rights and interests of consumers who buy goods or receive services shall bear civil liability according to law. If an advertising agent or publisher cannot provide the real name, address and effective contact information of the advertiser, the consumer may require the advertising agent or publisher to pay compensation in advance. " If the advertiser can't provide the basic information about the source of the advertisement, the friend who suffered losses due to the product purchased by his advertisement can claim compensation from the advertiser first. Zhao Bo reminded that in the information society, everyone is a media person and can share their work and life in the circle of friends. But for unfamiliar advertising information, we should forward it carefully. Legal person: Please refer to the new consumer law for rights protection. "There are still many loopholes in Taobao, not to mention that there is no third-party guarantee for WeChat transactions. With the trust of friends alone, it is inevitable that shoddy products will enter the WeChat platform. If you are cheated in shopping in a circle of friends, how should you defend your rights? " Some micro-friends have issued such questions. In this regard, legal persons believe that online shopping rights can be protected with reference to the new consumer law. "Operators sell goods through the Internet, television, telephone and mail order. Except in special circumstances, consumers have the right to return goods within seven days from the date of receipt, and there is no need to explain the reasons, but consumers have to bear the return freight. " However, it also reminds the public that at present, WeChat does not implement the real-name registration system, and the transaction behavior is also private, lacking consumption vouchers, unlike a large number of spot checks in physical stores, which is difficult to supervise. According to the staff of the Municipal Administration for Industry and Commerce 123 15 Complaint Reporting Command Center, without the real information of the seller, it is difficult for the industrial and commercial departments to accept such complaints. However, according to the principle of territoriality, consumers can complain and report to the industrial and commercial department or consumer association to which the actual address or mobile phone number of the purchased goods belongs.