Jin Taiyang " 61 " activity
"Actor times inspect " contribute money aid learn an activity
"City of the foot of mountain " coronal name is artistic section
The company goes money to sponsor the school to liven move and contribute money aid learned circumstance common occurance, nevertheless, disobeyed possibly not carefully new " advertisement law " . Basis " advertisement law " regulation, ad activity must not be developed in school of middle and primary school, nursery school.
Recently, sichuan happy hill has an enterprise 3 cases to make commitment in school of middle and primary school and nursery school early or late, contribute money aid learn to wait for an activity to be oppugned to break the law by the netizen. Door of local The Ministry of Commerce and Industry intervenes in time investigation, undertook to involved company and unit administration talks about with guidance.
Heat discusses:
Enterprise " advertisement " into campus netizen doubt is suspected of breaking the law
On May 28, nursery school of sun of gold of happy hill city is held " 61 " section activity. Explode according to the netizen makings, rostrum setting board show, sponsorring an unit is golden sun nursery school, undertake the unit is branch of happy hill of the bank that enrol business, and upper part also has the clear sign such as name of word of action style or manner of writing and Logo. The activity is medium that day, include the segment such as experience of bank employee part.
"61 " eve, the 8th middle school of happy hill city is held celebrate 61 activities. Mobile spot, suspension has " Le Shan actors or actress times inspect congratulation ' the good student in my memory ' prize-giving ceremony " banner, this glasses behavior tastes those who learn to hold actor concurrently 13 times " the good student in my memory " issue certificate of merit and add up to 5000 yuan fellowship.
After a few days, before again the netizen discovers two months, be in Le Shan 7 in hold " the 20th middle and primary school gives birth to the area in Le Shan city artistic moral integrity " the setting of the opening ceremony board on, have a sponsor " city of the foot of mountain " name, and " city of the foot of mountain " fasten Leshan the name of commodity house project that Le Meiju invests finite liability company to develop.
This matter causes local netizen wide attention and heat are discussed. The netizen thinks, ad activity was begun to disobey in middle and primary school and nursery school campus new " advertisement law " .
Investigation:
Industrial and commercial spot obtains evidence
Illegal clue is slight, already administration talks about
On May 30, after happy hill city is versed in know of management board of commercial firm politics concerns the net post of golden sun nursery school, age undertook field survey is mixed on the spot deep namely obtain evidence, and basis " advertisement law " waited for relevant law laws and regulations to have serious research. On June 1, this bureau makes a return on the net, in view of behavior clue slight correct in time, did not cause harm consequence, do not grant put on record and punishment.
In the meantime, this bureau expresses, for the behavior of farther normative school and bank, this bureau enrols merchant bank at was opposite on May 30, 2018 nursery school of sun of gold of city of happy hill branch, happy hill undertook administration talks to coach with administration about.
On June 6, this bureau is aimed at " city of the foot of mountain " be related of section of art of middle and primary school makes coronal name the response says, "City of the foot of mountain " the name of commodity house project that develops for estate company, the behavior of this company already belonged to indirect conduct propaganda (the introduction is promoted) the behavior of enterprise commodity, be suspected of coverting advertisement of hair mercer trade. "Violate a clue in view of its slight and basically stem from commonweal activity purpose, my bureau undertook to this estate company administration talks to coach with administration about, instruct to its correct. " spokesman of this bureau network expresses, ask this company will be in henceforth at the same time school of middle and primary school, nursery school with any agency or form direct or indirect conduct propaganda (the introduction is recommended) oneself commodity.
On June 7, this bureau is opposite again " commercial advertising law is limitted " , " set about prohibiting developing the law of ad activity in campus " undertook propagandist explanatory, at the same time investigation affirms " actor times inspect " also be suspected of coverting inside middle school campus release commercial advertisement, undertook to controller of this glasses travel administration talks to coach with administration about, instruct correct.
Code:
New " advertisement law " clear
Ad activity must not be developed in nursery school of school of middle and primary school
3 afore-mentioned case, although the clue is slight, but door of The Ministry of Commerce and Industry already all was maintained be suspected of breaking the law. What apply according to rising on September 1, 2015 is new " advertisement law " the 2nd the first section provision, in churchyard of People's Republic of China, merchandise operator perhaps serves the person that offer to pass proper vehicle and form to perhaps introduce the commercial advertisement activity that the goods that he promote perhaps serves secondhand directly, applicable this law. Thirtieth sets 9 times, ad activity must not be developed in school of middle and primary school, nursery school.
On June 11, happy hill city is versed in explanation of section office controller says related management board of commercial firm politics, in the first case, if the bank hit bank name and Logo only, not direct or promote goods secondhand or serve, do not belong to commercial advertisement, but part of employee of after this bank experiences the activity is medium, be suspected of coverting the service that publicizes this bank; The 2nd, in 3 case direct with the building dish product of name, glasses comes coronal name, be suspected of publicize and promoting its goods, belong to covert release commercial advertisement.
A deputy garden grows nursery school of sun of gold of happy hill city express, the activity is to let the child have a better social experience, witting (bank) this flow, nonexistent interest concerns. And grow Cao Yang to express not to wish to talk more field, "It is the activity that the bank will come to look for us to cooperate. "It is the activity that the bank will come to look for us to cooperate..
According to enrolling branch of merchant bank happy hill relevant personage introduces, this activity of this organization cries " young banker " game, the appreciation that is a normalization that offers to the client serves, contain commonweal character, department garden square " invite our bank to helped its organize this game link that day " , just did not pay fee to garden already, also not from garden square or square collection of child and parent any charge.
Branch of happy hill of the bank that enrol business expresses, should abide by happy hill city strictly to be versed in management board of commercial firm politics makes an appointment with the directive opinion that talk all right, rectify and reform in time. Later, the bulletin undertook in complete travel, undertook to employee new " advertisement law " announce guides.
Carry out:
Still do not have explanation of unified legislation, judicatory, administration, each district executive standard is abhorrent
In practice, the enterprise contributes money in middle and primary school, nursery school aid learn mobile spot to tag the phenomenon such as company name, label to happen from time to tome, whether to break the law " advertisement law " ? This controller expresses, cannot treat as the same. This chief says, cognizance trade advertisement should according to " advertisement law " the 2nd definition to commercial advertisement activity, want to have 3 requirements: 1. Main body must be the person that merchandise operator or service are offerred; 2. Have proper vehicle and form; 3. Direct or the goods that introduces oneself secondhand or service. 3 conditions are short of one cannot, still should combine form of property of company capital use, activity, specific content to wait at the same time be opposite a case undertake integration analysis grinds sentence.
"Even if did not play motto,some enterprises enter campus hind, but the likelihood passes such as the form such as free experience, oral conduct propaganda, introduce or covert the goods that promotes a business or service. " this chief says, accordingly also cannot pure will decide with whether making company name.
Even if enterprise contributes money into middle and primary school, nursery school aid learn pure " leave behind a good reputation (company name) " , whether to disobey new " advertisement law " , also put in difference in business circles. This chief says, a kind of sound is OK and wraparound for " prohibit talking absolutely " , thought to always make company name into campus, the propagandist effect that has more or less, belong to commercial advertisement, uniform prohibit.
According to " Jinan daily " reported 2015, jinan city industrial and commercial bureau is right new " advertisement law " when unscrambling, express, will be henceforth in campus with any any forms, agency, no matter be direct,indirect perhaps ground develops ad activity, include to recommend commodity, service directly, publicize company image, reveal commercial brand, belong to illegal advertisement. " southern daily " reported 2015, guangdong saves industrial and commercial bureau to hold a press conference to unscramble new " advertisement law " when express, prohibit inside school of middle and primary school, nursery school all commercial advertisement activities, no matter be name of commercial assistance, coronal or advertisement of strong wide, flexible language, do not allow to appear.
"The legislative explanation that did not unite at present, judicatory explanation and administration explain, our apt ' prohibit relatively ' . " this controller thinks, will look from regulation of legal clause literal, " advertisement law " the 2nd definition to commercial advertisement activity with " the goods that him introduction promotes perhaps serves " to make important document, should not do broaden the scope to explain to law. Pure although dozen of company name and Logo have certain propaganda effect in fact, but unfavorable the way that cuts with one knife is maintained entirely for ad activity. In requirement enterprise abide by the law premise falls, also should protect an enterprise to do the enthusiasm of commonweal.
