1, which makes it easy for consumers to misunderstand the information provided by operators when they consume, leading to being deceived and infringing on their legitimate rights and interests.
2. It is not conducive to fair market competition among competitors in the same industry, and denigrate the business reputation and social reputation of competitors in the same industry.
3. It disturbs the whole market order, destroys the principle of market competition, endangers the stability of social and economic order, and encourages the spread of social unhealthy trends.
The penalty for publishing false advertisements is that advertisers, advertising agents and publishers use advertisements to make false propaganda of goods or services in violation of state regulations. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or only be fined.
The main forms of false propaganda are as follows:
1. The products and services are inconsistent with the information described in the advertisement. This is the most common kind of advertisement, which usually exaggerates and beautifies the specific efficacy, performance and quality of products and services, but it is completely inconsistent with actual use. This description is obviously fabricated, and the actual effect of the product can't do this.
2. Advertisers and brands cheat about their identities in advertisements, such as passing off other people's registered trademarks or obtaining scientific and technological achievements, and pretending to be celebrities for publicity. Another way is that some "three noes" production enterprises lie that they have legal business status, such as having obtained production licenses and commodity registration certificates, or saying that inferior products have reached qualified certification and obtained patents, and so on.
3. Make promises to products and services that are hard to honor and cheat. This kind of service marketing is common in pre-sales and after-sales, such as the "three guarantees" service for purchasing electronic products and various complex after-sales services, which not only ensures the quality of products, but also enhances consumers' experience and goodwill towards brands. However, the promises of some businesses are often "empty promises", and a lot of promises are given in the publicity, but when there are real problems, it is very difficult to honor these promises.
Legal basis:
People's Republic of China (PRC) Anti-unfair Competition Law
Article 20
Where an operator, in violation of the provisions of Article 8 of this Law, makes false or misleading commercial propaganda for his goods, or organizes false transactions to help other operators make false or misleading commercial propaganda, the supervision and inspection department shall order him to stop the illegal act and impose a fine of more than 200,000 yuan but less than 1 million yuan; If the circumstances are serious, a fine ranging from/kloc-0 to 2 million yuan may be imposed, and the business license may be revoked. Operators who publish false advertisements in violation of the provisions of Article 8 of this Law shall be punished in accordance with the provisions of the Advertising Law of People's Republic of China (PRC).
Criminal law of the people's Republic of China
Article 222
Advertisers, advertising agents and publishers who, in violation of state regulations, use advertisements to make false propaganda about goods or services, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and shall also or only be fined.