Advertising content insults women are fined hundreds of thousands of courts: proper punishment

A drop of water can refract the sun.

A case can highlight the principle of rule of law.

The official WeChat official WeChat of the Supreme People's Court launched the "New Fashion of the Time of Tips and Great" to take you back to the shining "small cases", reflecting on those "truths" contained in it, and experience the promotion of every judicial case. Fairness and justice. This issue brings you a case of insulting women being punished for hundreds of thousands of advertisements.

"Don't tell others that your stomach is made by us!" In order to sell credit cards, a bank in Shanghai issued such an advertising tweet. The Shanghai Market Supervision and Administration Bureau determined that the advertisement was degraded to women and imposed administrative penalties for banks and advertising companies. They fined 600,000 yuan and 300,000 yuan, respectively. Advertising companies did not accept it. The Shanghai Railway Transport Court rejected the claim of the advertising company in the first instance. The advertising company did not accept the judgment of the first instance and appealed to the Shanghai Third Intermediate People's Court. After hearing, the Shanghai Third Intermediate People's Court maintained the original judgment and rejected its appeal request.

Retrospective

The WeChat public account of a bank in Shanghai posted a "Don't tell others, your stomach is made by us! "Advertising, the content is the preferential activity of some catering merchants in a shopping center to the bank's holder.

Three months after the advertisement was released, the Ministry of Finance and Consumption Rights of the Shanghai Branch of the People's Bank of China found and transferred to the Shanghai Market Supervision and Administration Bureau to the advertisement illegal clue.

After investigation, visiting the Women's Federation, and organizing hearing, the Shanghai Market Supervision and Administration Bureau made an administrative penalty decision. It determined that the advertising title issued by the bank was suspected of being petted and low -level vulgar. The core values ​​of doctrine, as well as the suspect of insulting and degrading women. In addition, the advertisement was published for three months, with a total of 198 readings, and 42,466 fans pushed the number of fans, which caused a large adverse effects and violated the "Advertising Law of the People's Republic of China" (hereinafter referred to as the "Advertising Law"). Relevant regulations, constituted an advertisement that violates the good fashion of society, ordered banks to stop advertising and fined 600,000 yuan, and fined 300,000 yuan for advertising companies. Advertising companies are not convinced, file an administrative lawsuit, and require the withdrawal of the above administrative penalties. The Shanghai Railway Transport Court ruled the advertising company's claim for the first instance. The advertising company did not accept it and appealed to the Shanghai Third Intermediate People's Court.

After hearing, the Shanghai Third Intermediate People's Court considers:

From the perspective of this case, the advertisement content involved in the advertising content is through the food discount of food and food cities to sell credit cards. The advertising title "Don't tell others that your belly is made by us" is to attract the attention of the audience, but from its literal meaning From the perspective, there are crowds of pets and low -level vulgarity to attract attention. It violates public or good customs and is easy to produce negative effects. According to the relevant provisions of the "Advertising Law", the Shanghai Market Supervision and Administration Bureau determined that the title of advertising involved in the case belonged to an administrative penalty of advertising behavior that violated the good fashion of the society. In this case, advertisers should bear the main responsibility for advertising illegal acts, and the punishment of advertisers should not be lighter than the punishment of other advertising activities. The Shanghai Market Supervision and Administration Bureau comprehensively considers the illegal nature of advertising, publishing duration, dissemination, reading, rectification, etc., and a fine of 600,000 yuan, a fine of 300,000 yuan for advertising companies. Essence

【Judge's saying】

Judge of the Administrative court of Shanghai Third Middle -level People's Court

Zhang Wenzhong

The main focus of the controversy in this case is whether the advertisement issued by a bank violates social customs and the punishment is appropriate. Specifically, whether the content of the commercial advertisement is in line with moral conscience, whether the public order, good and social customs, whether it is in accordance with the law, who should bear the responsibility, how to bear the responsibility, how administrative referees reflect the integration of public morality and the rule of law, etc. Legal Issues.

From the perspective of commercial interests and personality dignity, advertisements should express specific content in their unique forms, but their techniques should be healthy. The style and interest should be elegant and have a good aesthetic effect. In this case, from the perspective of an ordinary person, seeing the advertisement released by the bank does not think of food, only vulgar and vulgar observation. The so -called advertising "creativity" uses the improper description of women's bodies, no respect for women, and even makes people feel degraded and insulted. Negatively affect application laws to correction.

From the perspective of social hazards and responsibility, the advertising release time span for nearly three months, and the volume of fans has reached more than 40,000 times. According to the "Advertising Law", advertisers, advertising operators, and advertising publishers should bear the corresponding corresponding legal liability. The decision makers and auditors published by the banking advertisement should be responsible for the authenticity and legitimacy of the advertisement. The behavior of its advertising directly produces corresponding legal results. It should be the first responsible person of the illegal act. The direct reason for the consequences, the bank needs to bear the legal responsibility of the advertising company.

From the perspective of morality and legal relationships, advertising companies believe that it only violates moral standards and does not constitute illegal acts. However, from the perspective of advertising content, it is not a simple moral issue. The research report provided by the market supervision department also proves that the advertising content has exceeded the public bottom line of the public and also violated relevant laws and regulations. Each case will have an impact on social morality and social order. For acts that violate public order, good customs, and good social style, judges should resolutely negate and promote the social style of positive and pure and civilized. The law is not high, but about the common sense of the ordinary people. As an administrative judge, it should be reasonable through interpretation, so that the people can truly perceive fairness and justice, and the core values ​​of socialism are around. By.

【Expert Reviews】

Zhou Yanfang, deputy general manager of the National People's Congress, deputy general manager of Pacific Medical and Health Management Co., Ltd.

Personal dignity is the most basic social status of human beings and cannot be violated. In this case, the bank pushed the content of insulting women through the WeChat public account to obtain business interests, crossing the bottom line of social morality, hurting women's dignity, and obvious violations of the good social fashion of the law.

There must be sanctions that are illegal, and market players are pursuing commercial interests. They should not be favored by derogation. Through the judgment of this case, the People's Court has given full play to the administrative trial function, supports the market supervision department to investigate and deal with it in accordance with the law, and resolutely corrects illegal acts that infringe on women's dignity. reflect.

In the advertisement, see the rule of law and civilization. The referee in this case has established a demonstration for the good order of turbidity, maintaining social morality, and building a civilized rule of law.

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