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饭店随手拍菜品被罚45万:小红书付费笔记、朋友圈推广是广告吗?
Hu Xiu· 2025-07-15 23:53
Group 1 - The core issue raised by the recent high fine incident related to advertising is the blurred boundaries between advertising and personal content in the current digital age [5][6][8] - The incident involving a fine of 450,000 yuan for a personal video posted by a user highlights the confusion surrounding what constitutes advertising in a landscape where everyone can be a publisher [2][4][5] - The evolving definitions of advertising and marketing are reflected in the rebranding of advertising services by major companies like ByteDance and Tencent, indicating a shift towards a broader understanding of commercial communication [6][7] Group 2 - The distinction between "commercial advertising" and "commercial promotion" is crucial, as advertising is a subset of promotion and is subject to stricter regulations under the Advertising Law [10][12] - Legal practitioners have identified key differences between advertising and general promotion, including applicable laws, legal responsibilities, and the nature of the content [11][13][15] - The recent guidelines issued by the State Administration for Market Regulation provide a clearer framework for determining what constitutes advertising, emphasizing four key characteristics: marketing nature, media nature, voluntary nature, and non-specific audience [17][21] Group 3 - The guidelines also clarify that advertising must be identifiable to consumers, ensuring that they can distinguish it from genuine content [40][41] - Specific scenarios have been outlined where advertising must be clearly marked, including soft advertising, paid search rankings, and embedded promotional content in various media [42][43][44] - Content creators are now considered advertisers and must comply with labeling requirements, which shifts the responsibility for compliance onto individual creators [45][46][48] Group 4 - The impact of these regulations on content platforms like Xiaohongshu and Bilibili is significant, as they transition from being purely sharing platforms to environments where advertising and content are intertwined [50][51] - The requirement for clear advertising labels may lead to decreased user engagement and trust, as consumers become more cautious about content that appears commercial [53][59] - The shift towards a more structured advertising model may result in reduced budgets for mid-tier creators, as brands focus on more predictable return on investment from top-tier influencers [54][60] Group 5 - The introduction of advertising labels does not inherently harm platform revenue, as seen in other markets where disclosure has been implemented without negative financial impacts [63][64] - The real challenge for platforms lies in maintaining user trust and engagement after implementing advertising disclosures, which requires a robust mechanism to address the friction between advertising and user trust [66][67]