On The Legal Regulation Of Product Placement

In recent years,the rapid development of media has improved people's level of appreciation for advertisements,while the increase of media also makes people began to avoid watching traditional advertisement.At this moment,the appearance of product placement brought a glimmer of hope to the advertisers.Produce placement are becoming popular in advertising,which are widely used by the advertisers.Unlike traditional advertisement,product placement means to put advertising products and services into media content in order to affect audience in an infrequent way.Product placement is developing rapidly and is well integrated with a variety of media.However,due to the late beginning,the development of product placement is not mature in China.In practice,there have been many problems,such as product placement's operation is not standardized,and it violated the law of the identification of the standard.Meanwhile,product placements are over used,which leads to a critical implantation phenomenon.Most of the product placements are illegal.To some extent,it causes the customers' antipathy and infringe the rights of consumers.In essence,product placement is actually commercial advertisement,it belongs to the scope of commercial advertisement in China's "Advertising Law".However,China's "Advertising Law" and the relevant laws have no provision for product placement.Product placement is basically free from our legal regulation,advertising supervision is almost useless.The legal status of the product placement is unknown and it doesn't have perfect examination link.In practice,it is difficult to investigate the legal responsibility of the relevant subject of the product placement.At the same time,due to China's product placement information disclosure system is not so perfect,which has affect the visibility of the product placement.In addition,as an effective complement to the legal regulation,China's advertising industry self-discipline can't play a part in regulating product placement.To a certain extent,it also affected the healthy development of product placement.Under these circumstances,it is necessary to regulate product placement legally in China.First of all,we should explicitly put the product placement into the scope of China's "advertising law" adjustment,then draw up the "product placement management approach" to constrain and regulate the product placement in a better way.At the same time,define the scope of product placement,including the type of program cannot be implanted and the advertising products and services cannot be implanted,while define the frequency and number of implantation.Afterwards,clear the supervision system of the product placement and clear the obligation of the product placement supervisor.It is recommended that the State Administration of press and Publication Administration of radio and television department to supervise the product placement.While clear the consequences of the responsibility of the product placement supervisor.Secondly,a rigorous inspection system of the product placement should be established.Thirdly,in order to standardize the operation of the product placement process,on the one hand it is necessary to implement the product placement agency system,so that the legal relationship between the product placement will become more clearly.On the other hand,establish a rational and comprehensive information disclosure system to get rid of the advertising market information asymmetry.Only in this way can protect the consumers' right to know,right to choose and other related rights.At the same time clear the corresponding legal responsibility for the product placement.Finally,on the basis of government supervision perfecting,strengthen industry self-discipline so that enhance the level of the advertising industry self-discipline will be improved.