Previously, during the process of reviewing and finalizing the draft Law amending and supplementing a number of articles of the Law on Advertising, many opinions of National Assembly deputies and experts focused on contributing comments on contents related to the management of online advertising activities and the responsibility of influencers - subjects that play an increasingly important role in promoting products and services.
One of the contents that received many comments was the obligation to “provide documents related to advertising content when requested by competent authorities” (Point b, Clause 2, Article 15a). Some comments suggested that this provision should be considered to avoid creating unnecessary legal burdens for advertising carriers, especially when they do not directly produce the content.
Celebrity social responsibility
In addition, there is also a proposal to add a joint liability for compensation to the person who transmits the advertising product, in case of false advertising, causing damage to consumers. This opinion emphasizes the social responsibility of celebrities and influencers when participating in commercial promotion campaigns.
Overview of the meeting. (Photo: National Assembly Media)
Another notable proposal is to tighten the conditions for influencers who are allowed to convey advertising products. Accordingly, only those with expertise relevant to the product (such as doctors for pharmaceuticals, nutritionists for functional foods, etc.) will be allowed to participate in advertising activities. However, there are also opinions that this needs to be carefully considered so as not to hinder content creation and market diversity.
Regarding the obligation to verify the credibility of advertisers, some delegates questioned the feasibility of this regulation, especially in the context that information about businesses and brands can be difficult to verify for individuals without expertise or independent testing tools.
Regarding the regulation of "no advertising on websites, social networks, online applications, and digital platforms that violate the law", many opinions agree in principle but believe that it is necessary to review and evaluate its feasibility, because determining "illegal" platforms may lack a clear basis and easily lead to arbitrary application.
Comments on cross-border advertising management
In addition, some comments were made on the management of cross-border advertising activities, specifically in Clause 6, Article 23. Some suggested stricter regulations, requiring foreign organizations and individuals providing cross-border advertising services in Vietnam to register their activities, store data, report periodically and comply with Vietnamese law. However, there are also opinions that the regulations as in the draft Law are too strict, and should only require information registration and compliance with current regulations to conform to international practices and not create barriers for foreign service providers.
In response to the delegates’ comments, the National Assembly Standing Committee (NASC) stated that the draft Law has been revised to clarify the concept of “advertising” and add the term “advertising recipient” to reflect the true nature of current advertising activities. The content of “influencers” has also been moved to Article 15a to ensure logic in the structure of the law.
Regarding the rights and obligations of the person delivering the advertising product, the Standing Committee of the National Assembly emphasized that advertising entities, including celebrities and influencers, must be responsible for providing information when requested by competent authorities and fully perform their obligations according to regulations.
When there is a violation, the handling will be based on the level of violation. The addition of the obligation to “verify the credibility of the advertiser” is considered necessary to enhance social responsibility, limit the situation of false advertising, advertising of fake and counterfeit goods. Therefore, the current regulations in the draft Law continue to be maintained.
Regarding advertising, current regulations have been effective, especially in protecting brands and preventing the labeling of harmful content and fake news. The draft Law continues to supplement regulations to increase the responsibility of participating entities, aiming at sustainable development of the advertising and digital content industry.
Regarding some contents related to foreign legal entities and individuals doing advertising business in Vietnam, the provisions in the draft have ensured compliance with international commitments, especially the commitments when Vietnam joined the WTO. At the same time, the requirement that foreign “advertisers” must go through domestic advertising organizations to advertise in Vietnam is consistent with the current Commercial Law.
The Standing Committee of the National Assembly affirmed that it will continue to receive opinions from delegates, experts and relevant parties, but on the basis of comprehensive consideration, it proposes to keep some contents in the draft Law as stated.
According to VOV
Source: https://baothanhhoa.vn/luat-moi-da-diem-mat-chi-ten-nghe-si-quang-cao-sai-su-that-252291.htm
Comment (0)