The Latest Rule: Children Under 10 Will Be Banned.

The advertising law of the People's Republic of China (Revised Draft) (hereinafter referred to as the two draft) has been updated and improved.

According to this item

It is stipulated that juveniles under the age of 10 shall not be used as advertising spokesmen.

Recently, the twelve session of the twelfth session of the Standing Committee of the National People's Congress held second plenary meetings in Beijing, and heard the report of the NPC Law Committee on the revision of the advertising law of People's Republic of China (Revised Draft) (hereinafter referred to as the two revision).

According to this revised draft, no minors under 10 years of age should be used as advertising spokesmen.

According to the provisions of the two reviewers, if it is illegal to use minors under 10 years old as advertising spokesmen, they may face a penalty of withdrawing advertising approval, confiscating advertising expenses and less than 200 thousand yuan or less than 1 million yuan.

Seemingly harsh, in fact, it is a reminder and protection to businesses.

As for children how to "mirror" is the endorsement advertisement. The analysis of the relevant personage believes that if the name is not given and the advertisement is not advertised in its own name, it belongs to the advertising performance, and does not belong to the advertising testimonials.

No one is responsible for his role, but the advertisement recommender should be responsible for his own behavior.

Because they have some reputation, they act as publicity agents for advertising.

According to relevant media reports, some NPC Standing Committee members believe that the new provision is conducive to better protecting the rights and interests of minors and promoting the healthy growth of minors.

It sounds magnificent, but in fact it is not unreasonable.

Once the child star has endorsed the false advertisement, who will bear the responsibility? As we all know, the twelfth general principles of the civil law clearly stipulates that "the minor under ten years old is a person without civil capacity, and is represented by his legal agent in civil activities."

Child star under ten years old

Is it representative of his wishes or on behalf of his legal representative? Is the child recommendation good or not? Is he the last word or his parents have the final say? No matter who says, the credibility is not high.

Once the child star speaks, once an accident happens, it should have its legal agent, for example, his parents bear corresponding civil liability.

The question is, if there is a criminal liability, according to the provisions of our criminal law, juveniles under 14 years of age are at a stage of no criminal capacity. Even when it comes to criminal cases, they can only "not be penalized and instruct their parents or guardians to discipline".

In other words, not only do child stars do not have to bear criminal responsibility, but parents do not have to bear criminal responsibility.

Based on this, it is prohibited to endorse minors under the age of 10, which is responsible for minors, and is also responsible for consumers or businessmen.

There is a certain legal risk for businesses to sign contracts with minors. Once problems arise, they will inevitably face difficulties in safeguarding rights.

This is a promotion channel for enterprises engaged in children's articles and baby products.

However, the loss of this promotion channel is not great for enterprises. Instead, it can spend the cost of asking children to speak on behalf of research and development products, making it a highlight of advertising promotion, so that more users believe and rely on your brand and products.