Corporate marketing has repeatedly stuck in vulgarity, and it is necessary to strengthen law enforcement to curb it

Not long ago, the product of a brand of spicy strips caused controversy because of suspected vulgar content printed on the outer packaging.

"Currently, there is still a certain market space for vulgar marketing, and there are still difficulties in legal identification, which makes some brands willing to take risks on the edge of illegality

Crazy vulgar marketing

In March last year, an advertisement released by Hainan Coconut Group was fined 400,000 yuan for "obstructing social public order or violating good social customs

Not long ago, the advertising copy of a domestic spicy strip brand was also overturned due to suspected vulgar marketing

It is worth noting that in recent years, there have been frequent cases of vulgar copywriting of brand products in the food industry, which has aroused public attention

Ambiguous illegal determination

What exactly is vulgar marketing? In this regard, Zhong Lanan, a senior partner of Beijing Jingshi Law Firm, explained that this is not a legal concept, but generally refers to marketing activities that violate good morals and business ethics, and have certain adverse effects

In the face of the law, there are many examples of vulgar marketing "overturning", but why are there still many merchants taking risks again and again?

"In the Internet age, the rewards of a hot search may be far greater than the punishment

At the same time, many controversial advertisements have not been punished accordingly, and only an apology will be issued

At the same time, there are still ambiguities in the identification of specific marketing behaviors as "vulgar" and "pornography", and there are difficulties in law enforcement

Many experts pointed out that although the Advertising Law has drawn red lines such as not "obstructing social public order or contrary to good social customs", not "containing obscene, pornographic, gambling, superstitious, terrorist, and violent content", but these regulations have certain requirements.

"The identification of vulgarity and pornography often belongs to the category of morality, and it is difficult to describe it with precise and clear words in legislation and judiciary

Chen Bing, a doctoral tutor at Nankai University Law School, also believes that there are two reasons for the repeated prohibition of vulgar marketing: First, the risks and benefits obviously do not match, and the benefits are much higher than administrative fines

In addition, in recent years, with the rapid development of the Internet, vulgar advertisements are also proliferating on the Internet, and Internet advertising supervision is more difficult, which is also a major reason for the proliferation of vulgar advertising and vulgar marketing on the Internet

Legal deterrent that needs to be strengthened

　　One of the important reasons why vulgar advertisements have been banned repeatedly is that, both in terms of supervision methods and penalties, they have failed to produce a strong deterrent effect on offenders

　　Chen Bing believes that curbing vulgar marketing needs to be strengthened from both legislation and law enforcement

　　At the same time, the punishment for vulgar marketing needs to be judged according to the specific situation, and its administrative responsibility and criminal responsibility can also be investigated according to the circumstances

　　Experts suggest that relevant departments or judicial organs can release a batch of cases to the public
.
"This may make the boundaries of vulgarity and eroticism in advertisements clearer, and can better play the role of education and guidance of the law
.
" Only the whole society maintains "zero tolerance" for vulgar marketing and high pressure to fight when it shows up In the situation, businesses dare not, can't, and don't want to play side balls
.
At the same time, as a business operator, it is necessary to have a long-term brand awareness and care for the reputation of the company.
It is not just for temporary popularity and short-term interests to challenge the bottom line of social morality and legal red line with vulgar marketing
.

　　(Comprehensive arrangement by Yang Xiaojing)

"China Food News" (May 12, 2022 03 edition)

　　(Editor-in-charge: Yang Xiaojing)