Research On The Legal Regulation Of Product Placement

Currently, product placement, as a new advertising form, the "hidden for propaganda" feature has been favored by advertisers and television producers increasingly, so product placement appears in movies, television, variety show, broadcast, large festival gala and other public media tools frequently, and appears in the majority of the audience’s vision with irresistible advance. As the product placement using widely, it has obvious advantages, but there are some disadvantages, legal regulation has become a common means of control in many countries. But in our country, product placement is not yet mature, and in the course of the operation, there are many problems that are not standardized, such as rigid implantation, over implantation, abuse, etc. Product placement has also started to attract consumers. Just revised and implemented in September 1,2015, "The People’s Republic of China Advertising Law" (hereinafter referred to as the "advertising law"), it doesn’t mentioned product placement, and current advertising laws and regulations are not listed product placement as an adjustment object, the legal status of product placement is ambiguous, and the implementation of regulatory law without legal basis. At present, our country’s product placement advertising is outside the law, It can be said that in advance without review, in afterwards without supervision, and the problem is difficult to hold responsible, directly leading to the product placement activity may causing a violation of the legitimate rights and interests of consumers, the right can not get relief, at the same time destructed the advertising industry and the media industry order, in the long run is not conducive to the healthy development of product placement, these problems need to be solved, and legal regulation is feasible and effective to solve these problems in a fundamental way. Therefore, the construction of product placement in legal regulation system, solve all kinds of problems appeared in our country product placement activities, whether it is the protection of the legitimate rights and interests of consumers, or for the long-term development of product placement, and even in the maintenance of the advertising industry and the media industry rank order is of great significance.In view of this, this paper is divided into four parts to study the legal system of product placement. In the first part of the paper, it summarizes the general theory of product placement, including the concept of product placement, development course and in the form of hidden content, content penetration, propaganda restrictive features, and lists some of the main carrier of product placement, in film and television works and variety shows; The second part analyzes the necessity and feasibility of the legal regulation of product placement, analyzing the feasibility of the legal regulation of placement advertising from three aspects:the nature of the product placement, the legality and the legal relationship analyzing the necessity of the legal regulation of the non-standard and the defects in the product placement, and the lack of the legal regulation of product placement in our country. In the third part, comparative analyzing the United States, the European Union, Japan, South Korea product placement laws and regulations, and domain explants in advertising legal regulation in the mode choice and the basic principles of our reference. The last part is the suggestions on constructing China’s legal regulation of implantable advertising, including implantable advertising model of the legal regulation legislation selection, prohibitive norms, broadcast the limiting behavior, clear legal responsibility for advertisement examination organ and supervision system and implantable advertising related to the subject. The innovation of this paper is that it is suggested that the product placement advertising should be adjusted in the scope of advertising laws, then by the sate administration for industry and commerce and the state press and publication administration of radio, film and television to develop a "product placement management approach", overcome the shortcomings and drawbacks of the single institution to regulate and supervise the product placement, and adopts the empirical analysis method, launching the issuance of questionnaires to study the consumer on the number of implantable advertising acceptability, through data analysis obtained on product placement restrictions on the number of how many of the conclusions. At the end of this paper, the difference in the general advertising advertisers, advertising agents and advertisement released of the legal responsibility, the author directly clear the legal responsibility of the advertiser, film and television production, broadcast agencies, radio and television administrative departments, the administrative departments of industry and commerce in product placement activity.This article uses the method of the literature analysis, social investigation, statistical analysis, comparative analysis, logical analysis, empirical analysis, value analysis method and so on, analyzing the basic theory through the research literature of domestic and foreign scholars on the product placement, using the social investigation method to analyze the existing problems and the feasibility and necessity of the legal system, and to analyze other countries and regions of product placement legal regulation mode selection and basic principle, and with the current situation of product placement and the characteristics of advertising regulation in our country, to put forward the legal regulation product placement suggestions.