| Product placement first appeared in film and TV series.It cleverly hides the commodity information in the scene or plot and transmits it to the audience.It has achieved good advertising effect.Film and television producers and advertisers benefit from it and achieve a win-win situation.Then,with the development of information network and the popularity of mobile terminals,product placement has penetrated into a wider range of media,is gradually replacing the traditional TV advertising,become a new force in the advertising industry can not be ignored.However,for the new advertising model of product placement,China has not yet formulated clear legal norms.Even in the newly revised Advertising Law in 2015,there are still no clear provisions and restrictions on product placement,which makes product placement free from supervision.In this new round of competition for resources in the advertising industry,the participants of product placement are competing for interests,abandoning the artistic pursuit of cultural works,frequently and rigidly implanting advertising information,and even repeatedly probing the legal bottom line,implanting the content prohibited in the legal system of advertising,which has caused many public opinions.For example,a large number of drug advertisements are implanted into film and television dramas and variety shows without pre-approval procedures,and do not show the warning words of cautious drug use when they are broadcast,resulting in the infringement on the legitimate rights and interests of consumers and competitors in the same industry,as well as the destruction of the market order of fair competition,and even some social problems.Therefore,we urgently need to carry out legal regulation on product placement,so as to protect the legitimate rights and interests of consumers,promote the sustainable and healthy development of product placement,and give full play to the economic promotion role of product placement.This paper is divided into five parts,including the following.The first part is an overview of product placement,including the analysis of the definition and characteristics of product placement,the description of different types of product placement,and the introduction of the development process and economic value of product placement.The second part discusses the harm caused by product placement from three aspects: consumers,competitors and market competition order,from which we can see that product placement in China needs to be rectified and standardized,and its legal regulation is imperative.The third part analyzes the current situation of the legal regulation of product placement in China from three aspects of legislation,judicature and law enforcement,and reveals the difficult situation faced by the legal regulation of product placement in China,such as unclear legal status,lack of supervision,difficult to identify responsibility and so on.The fourth part is the reference of foreign experience,which selects the most prominent regulatory methods adopted by the United States,Japan and South Korea for product placement.The fifth part is the suggestions on the legal regulation of product placement in China.At the same time,in order to solve the contradiction between the "concealment" of product placement and the "identifiability" of advertisement,this paper puts forward some suggestions on the establishment of information disclosure mechanism.Secondly,according to the regulatory measures,the paper proposes to build a multi regulatory system of comprehensive supervision of government departments,self-discipline and autonomy of industry,and public supervision.Finally,focusing on the formulation of specific norms of product placement,it is suggested to formulate a type of normative content,and explain or supplement the subject responsibility norms in the advertising law combined with the characteristics of product placement. |
