Who Should Prove Advertising?: Legal Verification of Advertising Substantiation Program and Its Rectification of Chinese Advertising Legal System

LI Mingwei

Chinese Journal of Journalism & Communication ›› 2014, Vol. 36 ›› Issue (10) : 132-145.

Chinese Journal of Journalism & Communication ›› 2014, Vol. 36 ›› Issue (10) : 132-145.

Who Should Prove Advertising?: Legal Verification of Advertising Substantiation Program and Its Rectification of Chinese Advertising Legal System

  • Li Mingwei is a professor in the College of Mass Communication of Shenzhen University, and a post doctorate in the post-doctoral station of Southwest University of Political Science and Law. Email: limingwei02@sohu.com. This work has been funded by the Youth Project of National Social Science Fund in 2011 (11CXW03) and the fifty-first batch of Projects of China Postdoctoral Science Foundation (2012M511895).
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Abstract

An important reason that Chinese advertising regulatory authority delays in law enforcement lies in that they are unwilling to check whether an advertisement is true or not. While in America, such burden has been taken by advertisers since the Advertising Substantiation Program was issued in 1971. From the perspectives of proving capacity, the good faith principle and the information economics, this paper verifies the legal basis of this program, and concludes that it is especially necessary for Chinese to adopt in the current background of both the market and the government being advanced to be ruled of law, so as to correct some major defects in advertising legislationand enhance the effectiveness of the advertising regulation.

Key words

deceptive advertising / FTC / advertising administrative enforcement / information asymmetry

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LI Mingwei. Who Should Prove Advertising?: Legal Verification of Advertising Substantiation Program and Its Rectification of Chinese Advertising Legal System[J]. Chinese Journal of Journalism & Communication. 2014, 36(10): 132-145

Funding

This work has been funded by the Youth Project of National Social Science Fund in 2011 (11CXW03) and the fifty-first batch of Projects of China Postdoctoral Science Foundation (2012M511895).

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