The Research On The Regulation Of Product Placement In The View Of New Advertising Law

With the decline of the effect of traditional advertisements,product placements have entered the public's vision and become a new favorite of modern marketing.To achieve the purpose of advertising marketing,product placements lead the audience to accept the information about brand products or services unconsciously and generate a sense of trust in the brand by inserting relevant information into media content.Product placement originated abroad and later were introduced in China.However,after it came into China,because of the lack of legal regulation,its development has gradually deviated from the normal track and it has become the way to evade advertising supervision,which not only disturbs the social and economic order,but also infringes on the rights and interests of consumers.Whether the product placement falls within the scope of adjustment of Advertising Law of the People's Republic of China,and whether the conflict between its characteristic of concealment and the identifiability requirement of the Advertising Law will lead to the illegality of product placement are two core theoretical disputes on the legal regulation of the product placement.The answers to the two questions will decide the future of the product placement.Through the analysis,this paper argues that the product placement is the commercial advertisement,which should be the subject of Advertising Law.And the product placements not marked are in violation of the law.In addition,this paper explores a feasible way of the legal regulation of the product placement,which includes finding the theoretical basis and putting it into practical operation.For the former,it is agreed that the freedom of expression should be limited when it comes into public sphere,and obligations of the advertisers should be emphasized under the social standard principle.For the latter,the practices of America,EU and Japan can provide guidance for our country.Combining the development of advertising industry in China,the paper analyzes the similarities and differences of these modes and the reference they can provide.Generally speaking,the negative effects of product placements do not come from the vitality they bringing to the advertising industry,but from their operation out of control.Therefore,it is urgent to confirm the legal status of the product placement and have detailed rules to make the requirement of identifiability practicable.Only by putting product placements under the supervision of law can the advertising industry have a promising future.