Legal Regulation Of Product Placement

Product placement means that the advertisers deliberately add specificcommercial information to the various forms of media in a invisible way by payingthe appropriate price to Media industry for achieving the advertising form ofpropaganda. In recent years, with the development and changes of traditional mediaand emerging AD, the product placement as an emerging form of advertising becomemore and more widely used in the media market. When we are innovating thecommercial operating mode of media and create the huge commercial value,meanwhile some problems that lay in the emerging things also lead to the questioningand thinking of its rationality and legitimacy.Products placements belongs to the scope of commercial advertisement that wasin charge of our nation’s "Advertising Law ", which corresponds with the Criteria ofjudgment of the commercial advertisement such as commercial purposefulity orprofitability and have commissioned relations between the objects. While itsconcealment goes against the spirit of the current Advertising Law, so it is out of theregulatory system now. when we scan comprehensively the product placement, as anew advertising model, it has certain advantages of commercial efficiency, andcoincidently make up for the defect of traditional advertisement that brutally breakingthe audiences to enjoy the plot, and conforms to the huge trend of advertising market,which provides the financial sources for the creation of cultural works. And it willbecome the battlefields of international marketing competition. So we can’t justtotally ban it. In the other side, its drawbacks is obvious. Its concealment infringes therights to know and choose of cultural consumers what they want. It reduces theaudience’s vigilance when receive the advertising information, enlarge the possibilityof misleading by advertisement. And the overly commercial penetration may suppressindependence of cultural works and room for creativity."Paid news" and otherderivative forms of product placement infringe the objectivity of news, and influencethe public’s trust for the media, In order to supervise product placement, we have to think a series of questions deeply which is related to the boundaries of advertising,the basic obligations of cultural products providers, the independent and creativefreedom of the media industry, the limit of administrative regulation and the right ofinformation tranquility.In this paper, based on analysis of the current reality difficulty and problems insupervision. The author of this paper propose to build a comprehensive productplacement regulatory system which contains five ways such as improve the contentsin legislation, promote the supervisory function of governments, develop theself-regulation, apply the mechanism of market elimination and build the system ofthe public advertising litigation. This regulatory system will guide product placemenas a promising advertising mode healthy development in the rule of law.