Practical comments on the Draft Law amending and supplementing a number of articles of the Law on Advertising

Delegate Nguyen Thi Hue , Vice President of the Provincial Women's Union, spoke at the discussion.

Participating in giving comments on the draft Law amending and supplementing a number of articles of the Law on Advertising, delegate Nguyen Thi Hue, Vice President of the Provincial Women's Union, gave profound opinions, focusing on giving comments on a number of contents to ensure consistency and synchronization between the draft Law and related laws.

Clarifying regulations on advertised medicinal products

This draft law has additional provisions to clearly define the legal responsibilities of influencers, individuals who convey advertising content must be responsible for verifying product information, being transparent about commercial relationships and not promoting false content. This is an important step towards improving media ethics and protecting consumer rights.

Regarding this content, delegate Nguyen Thi Hue proposed to clarify the concept of “goods” in the regulations for those who transport advertising products, in order to avoid misunderstandings and ensure consistency with the concept of goods in the Law on Bidding, because goods here include both prescription and non-prescription drugs. At the same time, it is proposed to review this regulation to ensure consistency with the regulations on drug advertising in the draft Law with the regulation in Article 79 of the Law on Pharmacy only allowing advertising of drugs in the list of non-prescription drugs.

Ensuring the responsibilities and rights of advertising carriers

Regarding the rights and obligations of the person delivering advertising products - a new content added in the draft, delegate Nguyen Thi Hue suggested that the drafting agency should consider regulating the responsibilities of the person delivering advertising products in the draft Law to ensure consistency and consistency with the Law on Consumer Rights Protection 2023.

Affirming that the regulation that the person delivering the advertising product must have the obligation to “verify the credibility of the advertiser” is necessary, in order to enhance the responsibility of the person delivering the advertising product. However, to ensure feasibility, the delegate suggested that the drafting agency study specific regulations or guidelines on “credibility” as well as ways to verify the credibility of the advertiser to avoid ambiguous understanding.

In particular, the delegate suggested reviewing the content of "not used" goods, products, and services, so as not to cause difficulties for those who transmit advertisements. Because this regulation will take away the initiative of advertising activities for some goods that are already circulating on the market such as cars, phones, jewelry... whose quality and reliability of the product brand are clear. On the other hand, with some products such as food, medicine, cosmetics...; it is very difficult to determine whether the advertiser has used them or not because there is no basis, and it is difficult for the authorities to confirm or use as a basis for handling if that person has not used them.

The Draft Law amending and supplementing a number of articles of the Law on Advertising submitted to the National Assembly this time has a strong reform spirit, demonstrating the State's determination to build a healthy, modern and responsible media ecosystem. The specific comments of the delegates will contribute significantly to the completion of the draft Law, creating a synchronous and strict legal corridor, suitable for the development requirements of the advertising sector in the period of digital transformation and deep international integration./.

Ai Van

Source: https://baobackan.vn/gop-y-thiet-thuc-cho-du-thao-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-quang-cao-post70697.html