Guangfa Bank issued a punishment for insulting women's advertisements, courts: support!

Author:Chinese law Time:2022.06.19

"Do not tell anyone

Your belly is big! "

A few days ago, Guangfa Bank released such an advertising tweet

Shanghai Market Supervision Administration

Determine the advertisement degradation of women

Administrative punishment

Feming 600,000 yuan in banks

Advertising company fines 300,000 yuan

Does the advertisement violate the advertising method?

Is the punishment of the Market Supervision Bureau reasonable?

Retrospective

● In June 2019, the Shanghai Branch of Guangfa Bank published an article entitled "Don't tell others, your stomach is big! 》 The advertisement tweet attracted public opinion.

● In December of the same year, the Shanghai Market Supervision and Administration Bureau determined that the advertisement was degraded to women and imposed administrative penalties on the Shanghai Branch of Guangfa Bank and Shanghai Houmei Advertising Co., Ltd., with a fine of 600,000 yuan and 300,000 yuan, respectively.

● Advertising companies are not convinced and claim to the court to request to cancel the above administrative penalties. 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.

The Shanghai Market Supervision and Administration Bureau believes that the decision on the penalty decision issued by Houmei advertisements and banks is appropriate. As a producer of advertising copywriting, the Shanghai Branch of Guangfa Bank, as a financial institution with the right to publish, the behavior of the two companies completely deviated from the core values ​​of socialism, as well as the suspect of insulting women.

After hearing, the Shanghai Third Intermediate People's Court believed that from the perspective of this case, the advertising content involved in the case was promoted through the food preferential sales credit card through catering merchants. It is to attract the attention of the audience, but from its literally, there is a public 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

Source: Supreme People's Court, Xinhua News Agency client, China Consumer News

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