Thisis a well-written article about the Internet Advertising Identifiability Enforcement Guidelines (《互联网广告可识别性执法指南》) issued by theState Administration for Market Regulation (SAMR) in China. It provides a comprehensive analysis of the key highlights of the Guidelines and their implications for businesses.
Here’s a breakdown of the key information you requested:
Key Highlights:
- Clarification of Identifiability Standards: The articleexplains how the Guidelines provide a clearer definition of identifiability for internet advertising, a concept that has been ambiguous in previous regulations. It highlights the positive list and negative list approach used to define what constitutes identifiable advertising.
- Positive List Examples: The article lists three scenarios where internet advertising is considered identifiable:
- When businesses advertise on their own platforms.
- When businesses advertise through their own accounts or stores on publicplatforms.
- When the advertising nature is obvious and easily recognized by consumers.
- Negative List Examples: The article details situations where internet advertising is considered not identifiable, including:
- Advertising without clearly labeling it as advertisement.
- Advertising within news feeds, internet audio-visual content, etc., without clear labeling.
- Other advertising that lacks identifiability.
- Emphasis on Information Flow Advertising: The article emphasizes the Guidelines’ focus on information flow advertising (信息流广告), which is often integrated into user-generated content and can be difficult toidentify as advertising. The Guidelines now require clear labeling of such advertising, even if it doesn’t include a direct purchase link.
- Flexibility for Advertisers: The article highlights the Guidelines’ allowance for advertisers to designate advertising zones or entire pages as advertising pages with a single label, reducing theburden of labeling individual pieces of content.
- Voice Prompts for Identifiability: The Guidelines allow for voice prompts to indicate advertising content, particularly useful in video and live streaming scenarios.
- Clearer Definition of Advertising Entities: The article clarifies that not only advertisers but also platform users and platform operators canbe held responsible for ensuring advertising identifiability.
Overall, the article provides a valuable analysis of the new Guidelines and their implications for businesses operating in the Chinese internet advertising space. It highlights the importance of clear labeling and the need for businesses to adapt their practices to comply with the new regulations.
AdditionalInformation:
- The article is published by Junhe Law Firm, a prominent Chinese law firm.
- It is written by He Lingyun and Yao Ziyin, lawyers at Junhe.
- The article provides a concise and insightful explanation of the Guidelines, making it a useful resource for businesses seeking to understandthe new regulations.
Let me know if you have any other questions or need further information about the article or the Guidelines.
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