Need to strengthen administrative sanctions for violations in the field of advertising
Concerned about the issue of advertising on digital platforms with the participation of KOLs, individuals, organizations, and businesses with great influence in their fields and professions on society, delegate Huynh Thi Phuc - National Assembly Delegation of Ba Ria - Vung Tau province said that these are people who inspire, lead public opinion, and have the ability to influence the decisions of others.
For example, celebrities and content creators on social media platforms have many users of different ages and professions such as YouTubers, Tiktokers, Facebookers, KOCs, etc., who have a great influence on the market. These people experience and give reviews and comments mainly based on their personal views and perspectives with genuine experience and knowledge, creating trust from customers, especially in marketing campaigns.
Delegate Huynh Thi Phuc - National Assembly Delegation of Ba Ria - Vung Tau province gave her opinion in the discussion.
According to the delegate, the above issues are not only of public concern but have also been mentioned in the National Assembly's question and answer sessions. The issues raised are false advertising of functional foods, consumer goods from luxury to essential. Even daily food products are advertised in many different forms.
This draft law stipulates the responsibilities of organizations and individuals providing advertising services, advertising distribution, and those who transmit advertising products, who are influential people. However, it is necessary to increase penalties for administrative violations in the field of advertising because of its direct impact on people's lives and health.
"I propose to increase the fine level to ensure deterrence, contributing to protecting the lives, health, property and interests of consumers. At the same time, create a healthy and equal advertising environment. At the same time, it is necessary to review and supplement regulations on ethics, professional responsibility, legal responsibility, especially for influential people," delegate Huynh Thi Phuc proposed.
Delegates attending the discussion session.
In addition, there needs to be a strict management mechanism for celebrities and influencers. These people work in agencies and organizations. When they violate advertising regulations, especially false advertising, those agencies and organizations need to have a strict management mechanism.
At the same time, it is necessary to amend the internal operating regulations to specifically stipulate professional ethics responsibilities when participating in advertising activities, and clearly stipulate forms of sanctions. In addition, it is also necessary to consider the responsibility of the advertising management appraisal council to ensure that relevant agencies are responsible.
Regarding cross-border advertising, advertising on social networks is an inevitable trend, but it is necessary to clearly define the responsibilities of organizations and individuals when participating in advertising activities. Clearly define the responsibility for removing violating content.
Supplementing regulations on control and management of advertising activities for celebrities
Giving his opinion on the discussion, delegate Tran Khanh Thu - Delegation of National Assembly Deputies of Thai Binh province suggested that the Drafting Committee consider and supplement regulations on control and management in advertising activities for celebrities who advertise products with false information, leading to damage to consumers. At the same time, there should be strict sanctions for electronic news sites that post false advertisements, not in accordance with the uses and content of the products, so that the management and control of advertising content and activities can be tightened.
Delegate Tran Khanh Thu also proposed adding regulations requiring news sites to be responsible for censoring advertisements before posting content, instead of relying solely on the current automatic advertising system.
Delegate Tran Khanh Thu - National Assembly Delegation of Thai Binh province
Another issue raised by the delegates was that through the recent cases of fake milk and fake functional foods that were discovered, these companies all had documents for inspection, testing, and product declaration. However, in reality, the products produced through investigation and inspection by the police were determined to be fake.
"So, is it really feasible to require advertisers, especially singers, artists, actors, and KOLS, to be responsible for checking documents related to products and goods?", delegate Tran Khanh Thu asked.
The delegate also raised the question: "How should we notify the recipients of the advertisement in advance about the advertising activity? Should we write on Facebook, post on TikTok, Youtube to say that we are preparing to advertise for this brand, that product, and invite people to prepare to follow?"
Therefore, delegates proposed to amend and supplement these contents to ensure greater feasibility.
Fined BTV Quang Minh, MC Van Hugo for advertising violations
At the same time, delegate Tran Khanh Thu suggested that the law should more clearly stipulate the compensation mechanism for false advertising activities of advertising carriers, especially famous people. It is possible to add the obligation to bear joint responsibility for compensation for false advertising actions.
The delegate cited experience in the US, where the Federal Trade Commission (FTC) requires celebrities to clearly disclose their financial relationships with brands when advertising products. Advertisements must be truthful and not misleading about the effectiveness or features of the product.
Or in Korea, disguised advertising activities on social networks are prohibited. Violators can be fined up to 2% of advertising revenue or up to 500 million won (about 8.7 billion VND). In 2022, Korea added a regulation prohibiting artists from being the face of alcohol brands to limit negative impacts on young people.
"These regulations aim to protect consumer rights and ensure honesty in advertising activities. Celebrities need to strictly comply with legal regulations when participating in advertising to avoid legal consequences and impact on personal reputation. If celebrities have fully implemented reasonable assessment measures, based on documents and legal records provided by the business, they are usually not considered to have intentionally advertised falsely, but the business owner/producer will bear the main responsibility," emphasized delegate Tran Khanh Thu.
Source: https://bvhttdl.gov.vn/dbqh-kien-nghi-tang-cuong-kiem-soat-quan-ly-hoat-dong-quang-cao-doi-voi-nhung-nguoi-noi-tieng-20250510102828482.htm
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