广告法去管制化转型

Search documents
中国广告法的数字转型之思:从“全链条管制”到“分类治理”
腾讯研究院· 2025-07-07 09:24
Core Viewpoint - The article discusses the evolution and challenges of China's advertising law over the past decade, emphasizing the need for a regulatory framework that adapts to digital marketing trends and reduces excessive regulation [1][10]. Group 1: Evolution of Advertising Law - The implementation of the new Advertising Law has led to significant growth in the scale and quality of the advertising industry in China, creating a healthier market ecosystem [1]. - The regulatory framework has evolved to address emerging sectors such as internet advertising and celebrity endorsements, with specific guidelines established to fill regulatory gaps [1][2]. Group 2: Challenges Faced by Advertising Regulation - The traditional advertising regulation model is increasingly challenged by technological advancements and the shift to digital marketing, which has transformed how advertisements are disseminated [4][5]. - New marketing methods, such as algorithm-driven recommendations and live-streaming sales, complicate the application of existing advertising laws, as they do not fit neatly into the traditional regulatory framework [6][7]. Group 3: Need for Regulatory Reform - The article advocates for a dual transformation of the advertising law system: deregulation and digitalization, to better align with current market practices [9][10]. - Deregulation should focus on establishing basic safety lines rather than imposing stringent pre-approval processes for all advertising activities [9][10]. - Digitalization requires the advertising law to address the unique challenges posed by online marketing, necessitating updates to existing regulations or the creation of new legal frameworks [11]. Group 4: Reflection on Enforcement Issues - The article highlights the need to reassess certain enforcement practices, such as the absolute prohibition of misleading language, which may not always mislead consumers in the digital age [12]. - A balanced approach is necessary to protect consumer rights while allowing for effective marketing practices, reflecting the changing landscape of consumer behavior in the internet era [12].