Quoc Co - Quoc Nghiep 'driving together': Violating the prohibition of Advertising Law

On the afternoon of October 21, a clip posted on YouTube by an account named after a car company showed circus artists Quoc Co and Quoc Nghiep performing a head stack while driving. The clip then spread quickly on social media, and received many mixed opinions and comparisons to the case of model Ngoc Trinh being arrested.

Thu Duc City Police (HCMC) has invited artist Quoc Nghiep to work on the clip of the two artists performing on an electric motorbike in An Khanh Ward (Thu Duc City). Artist Quoc Co is currently on a business trip and is not in HCMC, so Thu Duc City Police will work on the case later.

At a meeting with Thu Duc City Police, artist Quoc Nghiep said the clip posted on social media was "a project to advertise electric motorbikes. This project to advertise electric motorbikes was licensed, carried out by many people in the film crew, ensuring safety measures when making the advertisement".

Advertising image of an electric car company by Quoc Co - Quoc Nghiep

Violation of the prohibition of Advertising Law

So is the use of images of people not wearing helmets and "driving head-on" in accordance with legal regulations?

Lawyer Ha Hai (Deputy Chairman of the Ho Chi Minh City Bar Association) said that Article 8 of the 2012 Advertising Law strictly prohibits advertising that affects urban aesthetics, traffic safety and social order. Therefore, the advertising images of the two brothers Quoc Co - Quoc Nghiep, even though licensed, still cause misunderstanding and create a bad image.

According to lawyer Ha Hai, the Advertising Law also states that organizations that violate the provisions of this law and other relevant legal provisions will be subject to administrative sanctions depending on the nature and severity of the violation.

Individuals who violate the provisions of the Law on Advertising and other relevant legal provisions shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative sanctions or criminal prosecution; if causing damage, they must compensate according to the provisions of law.

Advertisement image of the two brothers Quoc Co - Quoc Nghiep

"The image of the two brothers Quoc Co and Quoc Nghiep with their heads stacked and not wearing helmets not only violates the Advertising Law but also violates the Road Traffic Law, so the authorities need to verify and clarify to handle it strictly," emphasized lawyer Ha Hai.

Lawyer Ha Hai further analyzed that according to Decree 38 of 2021 and Decree 128 of 2023 of the Government regulating administrative sanctions in the field of advertising, the above behavior of Quoc Co - Quoc Nghiep can be subject to an administrative fine of 10 - 20 million VND; for advertising organizations, they will be fined from 20 - 40 million VND; at the same time, additional remedial measures will be applied, such as forcing the removal, dismantling, deletion of advertisements or recalling printed newspaper and magazine products for violations.

It is regrettable that two famous artists like Quoc Co - Quoc Nghiep, who should have brought positive values ​​to society and the community, had actions that not only did not conform to the standards of public figures in public places, but also allowed these images to appear on social networks, causing negative impacts on the community, affecting the morality and lifestyle of the public, especially the younger generation.

Attorney NGUYEN MINH TUONG

Where is the responsibility for advertising licensing?

Sharing the same opinion, lawyer Nguyen Minh Tuong, Bar Association of Ba Ria - Vung Tau province, affirmed that the images of the two artists Quoc Co - Quoc Nghiep in the video clip spread on social networks, first of all, violated the most basic principles of the Road Traffic Law. The act of not wearing a helmet, "driving with one's head up" is very dangerous, creating a bad image for the younger generation.

Lawyer Tuong said that although "this electric motorbike advertising project has a license", the authorities need to intervene immediately to clarify the legality of the advertising license in this case. What is the scope, content and form of the advertisement?

Because, Article 8 of the 2012 Advertising Law strictly prohibits advertising that affects urban aesthetics, traffic safety and order, and social safety; advertising that causes children to have thoughts, words, and actions that are contrary to morality and customs; and negatively affects the health, safety, or normal development of children.

Regarding advertising conditions and licenses, according to current regulations, individuals and organizations must apply for a license and be approved by a competent authority when advertising: firstly, special products, goods, and services (advertising drugs, functional foods, chemicals, etc.); secondly, they must apply for a license when constructing advertising structures; thirdly, they must advertise on billboards and banners.

For the remaining advertising products and services, the conditions regarding documents, quality, and legal standards of the advertising products must be ensured. In case the advertising individuals and organizations do not ensure the conditions regarding the advertising products, they will be held responsible depending on the level of violation.

State management agencies on advertising activities must be responsible for their handling decisions; in case of wrong decisions causing damage, they must compensate according to the provisions of law.

"Therefore, we need to first focus on verifying whether the advertised product meets all technical standards and has valid documents. In addition, we need to clarify the contents of the advertising permit document," said lawyer Tuong, adding that if the permit is granted incorrectly, the individuals involved must also be held responsible.

On October 19, the Ho Chi Minh City Police Department prosecuted and temporarily detained Tran Thi Ngoc Trinh (model Ngoc Trinh, 34 years old, from Tra Vinh ) for 3 months for the crime of "disturbing public order".

Ho Chi Minh City police determined that model Ngoc Trinh did not have an A2 driver's license but still organized and carried out the act of driving a large-displacement motorbike with dangerous and offensive driving movements such as lying down, kneeling on the saddle, letting go of both hands to let the motorbike run on its own... in Thu Thiem Ward and Tang Nhon Phu B Ward (Thu Duc City, Ho Chi Minh City); causing negative impacts on the security and order situation in the locality.

At the same time, according to Ho Chi Minh City Police, Ngoc Trinh organized filming, re-editing and posting the above clips on social media accounts with a large number of followers, causing negative impacts, adversely affecting security and order in cyberspace...

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