Celebrities participating in advertising will no longer be innocent as under the old law - Photo: TT
These new points in the draft revised Law on Advertising, which the Ministry of Culture, Sports and Tourism is soliciting public opinions on on the ministry's information portal, are expected to make advertising activities healthier and eliminate false advertising.
Celebrities participating in advertising will no longer be innocent as under the old law. But there is a need to discuss stricter regulations in the revised law.
Amending the law to better protect consumers
According to the Ministry of Culture, Sports and Tourism, many people take advantage of the popularity and common use of social networks and influencers (KOLs) to post false advertising content, affecting consumers.
Recently, many KOLs have introduced, promoted, and advertised products, goods, and services that do not guarantee quality, causing frustration among consumers.
The current Advertising Law mainly focuses on the responsibilities of organizations and individuals trading in goods and services.
Therefore, there are no sanctions or obligations for the person who transmits the advertising product in case the advertising content is false.
The law also does not require the person delivering the advertising product to learn about, use the product and be responsible for the content provided.
The draft revised Advertising Law has sought to fill these gaps. Accordingly, KOLs participating in advertising must ensure three requirements.
Mr. Nguyen Hong Son - Chairman of Vietnam Advertising Association
It is worth noting that when posting opinions and feelings about using goods and services on social networks, there must be specific evidence of direct use of the product.
The draft also adds Article 15a, which stipulates the rights and obligations of the person delivering the advertising product to be directly responsible for the advertising content, related to the features, quality, uses, and effects of the product, goods, and services; as well as the requirement to appraise the advertising product.
Sharing with Tuoi Tre about this revised draft, Mr. Nguyen Hong Son - Chairman of the Vietnam Advertising Association, a member of the draft drafting committee - said the criteria for building the law is to ensure the prevention of false advertising and the protection of consumers.
The current Advertising Law still has loopholes that have led to the fact that recently some KOLs have advertised falsely, but authorities have not been able to punish them because there are no regulations.
Mr. Son also noted that besides the law, public opinion is still needed to fight against illegal advertising.
Regarding the draft's regulations that seem "strict" towards those who deliver advertising products and KOLs participating in advertising, Mr. Son said that the new regulations may initially cause controversy, but the amendments are not beyond the purpose of guiding advertising activities to develop properly, not advertising falsely, and protecting consumers.
Need strict and professional standards
From the perspective of a public policy expert, Ms. Nguyen Lan Phuong, Institute for Policy Research and Media Development - IPS, has some notes.
Ms. Phuong said the management agency wants to resolve the situation of advertising content that does not match the actual product quality by holding the person who delivers the advertisement responsible.
However, it is necessary to distinguish between two types: product advertising content prepared by the production and business unit for KOL to convey and content self-produced by KOL based on personal experience.
For the first type, KOLs do not have the ability to control the product and advertising content compared to actual quality.
KOLs are only able to request the manufacturing and trading units to provide evidence (if any) of product quality. In this case, KOLs are not responsible for actions that they are not able to guarantee.
Ms. Nguyen Lan Phuong, Institute for Policy Research and Media Development - IPS
In addition, according to the Law on Consumer Protection 2023, KOLs advertising on social networking platforms are considered "third parties in providing information about goods and services to consumers".
Accordingly, a third party shall not be jointly liable for providing inaccurate or incomplete information if it proves that it has taken all measures prescribed by law to verify the accuracy and completeness of information about goods and services.
For the second type of content, KOLs do not have the ability to control the quality of the product but have the ability to control the advertising content compared to the actual quality based on personal experience.
In this case, KOLs may be held responsible for the advertising content they post and display.
If a KOL posts false advertising content that causes damage to consumers, he or she may be subject to civil, administrative or criminal liability according to the law.
Ms. Phuong said the new regulations in the draft need to clarify the obligations and responsibilities of those who deliver advertising products in general and those who deliver influential advertising products in particular, avoiding equating the two cases.
Ms. Lan Phuong also shared the experience of some countries to ensure that KOL advertising on social networks maintains transparency and honesty, and combats fraudulent advertising of customers. In addition to the Advertising Law, there are also industry standards.
Such as the Advertising Standards Guide for KOLs by the Australian Advertising Association, the US Federal Trade Commission (FTC)'s 101 Standards for KOLs on Social Media, and the KOL Guidelines for Clear Advertising Practices issued by three UK agencies, the Advertising Standards Authority (ASA), the Competition and Markets Authority (CMA), and the Commission on Advertising Practice (CAP).
Additionally, at the international level, the International Chamber of Commerce (ICC) has issued the Marketing and Advertising Communications Code...
Advertising Laws Must Be Detailed
Usually, companies sign contracts with artists to advertise their products in many different ways. In addition to advertising on media, artists also write posts online, post product links, film clips, etc.
Actor Quang Su
I just refused to cooperate with some stores to advertise because they could not provide legal documents for this product.
Everyone likes money, but my point of view is that when invited to advertise for a product, I must first find out what the product is, which company it belongs to, whether it has a license, origin, and is licensed to circulate on the market before I dare to accept.
In my opinion, the Advertising Law needs to clearly classify the product fields to be more objective. If advertising a set of clothes or a bottle of perfume, it is not difficult for us to immediately feel it.
As for food, drinks, and health products, it takes a long time to know whether they are good or bad. And depending on each person's body, the results will be different. Therefore, the law needs to be more detailed and clearly distinguish health products, food, and drinks from other products.
On the other hand, if you have to experience the product, it will take a long time to get results. It takes so long but brands need to advertise urgently. So is the regulation necessary when the relevant units have reviewed and provided all the necessary documents?
Actor Quang Su
Artists must take responsibility
When an artist widely promotes a brand to the public, it is thanks to the artist's reputation.
As a public figure, when accepting advertising, the product must be good and beneficial to users and fans.
I always require manufacturers and advertisers to provide licenses from authorities and legal status of the product.
I only accept after checking carefully and having enough information. I am very careful in this matter.
I have used all the advertised products and found them effective.
I'm afraid of offending anyone. If I didn't have a disease, I would never advertise a supplement or medicine to help treat that disease.
I support the regulation that advertisers, especially artists, must take direct responsibility for advertising content related to the features, quality, and uses of goods, to ensure the legitimate rights of consumers, especially fans.
However, these regulations must be reasonable in legal documents. Sanctions must be strong enough to deter celebrities from advertising poor quality products.
Artist Kim Xuan
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