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It is reported that in the past month, a number of South China freight forwarding companies have received administrative penalties of up to tens of thousands of RMB from the Shenzhen Municipal Market Supervision Bureau due to "problematic" advertisements published in WeChat Moments.
Among them, a penalty decision letter No. Fuhai No. 159 issued by the Bao'an Supervision Bureau of Shenzhen Market Supervision Administration shows that the employees of the freight forwarding company involved have issued "the most stable agent for China-Europe truck flights" and "the first-class agent for China-Europe truck flights". ” related information.
The party's friends on the WeChat account are mainly the party's customers or potential customers, and the behavior of the WeChat account to publish information on the circle of friends belongs to the party's behavior of publishing advertisements. The above-mentioned advertisements claimed by the parties have no corresponding basis and cannot provide evidence to prove the authenticity of the content.
The Penalty Letter of the Market Supervision and Administration Bureau pointed out that the parties published advertisements with the content of "the most stable agent of China-Europe truck flights" and "the first-level agent of China-Europe truck flights" without corresponding basis.
It violates the first paragraph of Article 4 of the Advertising Law of the People's Republic of China: "Advertising shall not contain false or misleading content, and shall not deceive or mislead consumers", which belongs to Article 28 of the Advertising Law of the People's Republic of China. False advertisements stipulated in paragraph 2 (5)!
The administrative penalty order ordered the parties to immediately stop the illegal act and imposed an administrative fine of 30,000 yuan. The official announcement and detailed arrangements are as follows:
Fear of criminal prosecution! A number of freight forwarders were severely fined, but they were related to WeChat Moments advertisements
Fear of criminal prosecution! A number of freight forwarders were severely fined, but they were related to WeChat Moments advertisements
Fear of criminal prosecution! A number of freight forwarders were severely fined, but they were related to WeChat Moments advertisements
Fear of criminal prosecution! A number of freight forwarders were severely fined, but they were related to WeChat Moments advertisements
Analysts in the advertising industry believe that: Judging from the administrative penalty notice, this is a typical case of "false advertising", and according to relevant laws, if the publication of false advertising is suspected of "earnings more than 100,000"; or "although less than 100,000" , but has been punished for two false advertisements within two years, and still uses advertisements to make false propaganda of goods or services”, the public security organ may file a criminal case against the enterprise involved.
That is to say, similar false propaganda, in addition to administrative penalties of up to tens of thousands of yuan, may also face the risk of criminal prosecution!
