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广告法去管制化转型
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新广告法十年:该如何适应数字化转型?
Hu Xiu· 2025-07-08 01:54
Group 1 - The core viewpoint of the article emphasizes the necessity of regulating advertising activities in the context of market competition to prevent false advertising and protect consumer rights [2][10][16] - The article discusses the evolution of advertising regulation in China, highlighting the transition from a command economy to a market economy and the challenges faced in establishing a comprehensive advertising law [2][3][12] - It points out that the current advertising regulatory framework is outdated and struggles to adapt to new digital marketing practices, such as algorithm-driven recommendations and live-streaming marketing [5][8][14] Group 2 - The article critiques the existing advertising law for its rigid structure, which is based on traditional media channels, and calls for a shift towards a more flexible and context-aware regulatory approach [13][15] - It suggests that the advertising law should undergo two major transformations: deregulation and digitalization, to better align with contemporary marketing practices [12][14] - The need for a balanced approach in advertising regulation is emphasized, where the focus should be on preventing misleading advertising while allowing for the natural marketing behaviors of businesses [10][11][16]
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].