Legal Regulation Of Film And TV Drama Product Placement

Currently,due to the “wide limit order”,the traditional advertising micro.As a new type ad distinguished from traditional ad,the film and TV drama product placement has became the new favorite of advertising and film industry,and with its hidden advantages for the advertising industry,film and television industry and even cultural industries to create a commercial value and efficiency advantages.At the same time,it also appears a certain negative externalities.The film and TV drama product placement in China has been in a newborn state with its incomplete industry chain,and lacking of regulatory and specific operating rules,which led to its flood,unreasonable and illegal product placement abound,infringement of the interests of the audience and the public.At present,China has no relevant laws and regulations on it,in the face of implantable advertising chaos,advertising regulatory authorities don’t take any measures.It neither pre-examination link,nor the supervision mechanism,and frees from the legal system.Therefore,the construction of film and TV drama product placement legal system,not only directly determines the resolution of various issues,but also directly related to its whole development,even with the legitimate rights and interests of media audiences are closely linked,which is the original intention of this study.This article mainly adopts the methods of literature analysis,social survey and comparative analysis,and uses the theories of economic law,advertising science,economics and other fields of specialization,and takes the current advertising legal system as the background to research the film and TV drama product placement.In addition to the introduction and epilogue,this article is divided into four parts:The first part discusses the necessity of legal regulation.Firstly,defining the concept of film and TV drama product placement according to different interpretations.On this basis,analysis the difference between traditional ad and film and TV drama product placement,and summarizes its particularity---concealment,permeability,economy and restrictive;Secondly,reasoning the necessity of the legal regulation for maintaining the market order of fair competition,for protecting the legitimate rights and interests of the audience,for enhancing the applicability of the law and operational.The second part analyzes existing dilemma of legal regulation according to the academicresearch results and the existing advertising legal system.Mainly from three aspects of research:Firstly,due to film and TV drama product placement of legal attributes and legality of the dispute,its legal status is difficult to define;Secondly,lacking of clear review of main body,that is,lacking of administrative review and self-examination;lacking of clear regulatory entities,namely lacking of administrative oversight and the absence of regulatory associations;Finally,the plight of the responsibility to identify,its special nature results in the difficulties to identity the responsible subject and form.The third part is the experience of legal regulation about United States,Britain and Japan.Firstly,introducing the current situation of legislation:American regulatory attitude is loose and free,although the regulation,but only the general direction,that is fully open;British is originally forbidden and then relaxes properly,that is strictly limited;Japanese is mainly based on industry self-discipline,mainly self-discipline.Secondly,summarizing the relevant legal norms and practices:legal status clarification,compulsory information disclosure and supervision subject diversification.The fourth part is the countermeasures and suggestions.In view of the problems,re ferring to the experience of foreign regulation and combining with the actual situation of our country,putting forward specific regulatory measures:First,clearing legal status.In cluded in the Advertising Law control areas,and conditional recognition of its legitimac y,while "tailored" to develop Film and TV Drama Product Placement Management Appro ach;Second,establishing information disclosure system to solve the hidden and identifia ble conflict.Clearing information disclosure obligations of advertisers and film and TV production side,while regulating implantation of "quantity" and "degree".Third,establish ing a regulatory system to solve unattended state.Clearing administrative departments,in dustry associations and other diversified regulatory body,and highlight the industry asso ciation of self-regulatory,while building pre-review--in the monitoring--after the feedbac k of the full range of regulatory mechanisms.Four,clearing legal responsibility of adver tisers and film and TV production side to resolve the identified difficulties.Consequently,it plays a vital role on the prospect,norm and healthy development of film and TV drama product placement to investigative its legal regulation problem.