Friday, August 24, 2012

Teenagers meet with the tobacco advertisement " Enclose and stop up " Influenced leading for adult's triple

Teenagers meet with the tobacco advertisement " Enclose and stop up " Influenced leading for adult's triple
Teenagers meet with the tobacco advertisement " Enclose and stop up " Influenced leading for adult's triple
Since the end of college entrance examination, the new round of public relation offensive of tobacco enterprise - -The varied one gives financial aid to students the activity will be launched in an all-round way. A cameraman who once went to all parts to shoot the illegal phenomenon of enterprise's advertisement of tobacco told " Jurisprudence Daily " reporter, before setting out, he had suspected, wonders whether could take the illegal tobacco advertisement. But find, " there are too many phenomena that the tobacco advertisement is illegal in the course of shooting, can take at will " . The more troubling one is, on the premise of accusing of cigarettes to legislate and enforce the law to make little progress at present, the researcher finds, it is serious that the teenagers of our country are exposed to the situation under the tobacco advertisement. The insider thinks, in accusing of cigarettes and legalizing the overall process, utilize legal structure tobacco advertisement to play a very key role. Teenagers meet with the tobacco advertisement " Enclose and stop up " Accuse of centre's accusing of cigarettes and doing Assistant Researcher Xiao Lin's introduction according to China's disease, because the nicotine has extremely strong becoming the addiction, once smoke into an addiction, it is very difficult to get rid of. Age smoked to begin early, it becomes to be often the intersection of possibility and large, smoking quantity to be large endangering big by the tobacco grow up, of person who suck, the smaller the possibility to give up smoking is. The one that merited attention even more is, more than 90% of the adult smokers began to smoke 18 years old ago. Teenagers have not realized the real danger which becomes addiction and tobacco of the tobacco when beginning to smoke. So, let the teenagers not touching the tobacco yet avoid the tobacco to endanger, it is the important goal of accusing of the cigarette. It is keys of reducing a country and even the world tobacco uses to reduce the teenagers smoking rate. "The tobacco company denies they regard young people as the goal, and declare the tobacco advertisement, promote and support just in order to encourage the adult smoker to turn from a tobacco brand to another tobacco brand or try the new tobacco brand, smoking teenagers has not influenced. However, we direct against the middle school student (11171 people) at school in Hangzhou, Taiyuan and 3 one which cities carry on of Guiyang recently Investigation find advertising about tobacco in teenagers whether that advertising campaign last intensity and begin to obvious positive correlation relation between not smoking, tobacco advertisement and advertising campaign can lure teenagers into beginning to smoke. The teenagers of our country are exposed to the tobacco advertisement, promote and support the current situation under and make people worried. " Xiao Lin says. Printing on the advertisement of one tobacco enterprise " Love China " Words; On some foreign tobacco enterprise's advertisement is a cowherd; Xiao Lin tells " Jurisprudence Daily " reporter, his investigation is through inquiring what is thought of at first after the respondent sees the advertising picture of 6 pieces of indirect tobacco, to appraise their cognitive intensity to the tobacco advertisement. "Found finally, to the tobacco products propaganda studying 6 kinds of concrete forms and brands of listing, more than ninety percent of the teenagers can recognise one kind of them at least. " Xiao Lin says, it means tobacco enterprise's so-called culture is propagated and got up in teenagers to very good advertising result in fact. In addition, Xiao Lin also finds in the investigation, while seeing and making into the candy of the cigarette shape, over half of the teenagers will think of the tobacco at first, this and an advertising language is " high artificial peak of mountain " Advertising result nearly unanimous. Xiao Lin's research still shows, 88.9% of the respondents claim to see the tobacco advertisement, promote and support during last 30 days. The shop that sells cigarette is the place where teenagers most often see the tobacco advertisement (71.4%) ,Secondly it is the outdoor bill-board (47.3%) With the TV (46.1%) ,Internet ranks the fourth (34.8%) . In various tobacco promote the form, it is most common to sell with the branch, 22.6% of the respondents claim to see and prop up the selling cigarette excessively. In addition, have 13.5% respondent say, see the sport activity or tournament related to tobacco products brand or enterprise in the past 30 day, 10.9% of the respondents saw the music, stage, art or fashion activity related to tobacco products brand or enterprise. The one that merited attention even more is, 51.1% of the respondents totally forbid the media (the TV and broadcast, newspaper and magazine) of the tobacco advertisement in our country's law On advertisement of seeing on tobacco,there are the highest on what has been among them seen TV proportion, up to 46.1%. Other data include 58.4% respondent know 3 and cigarette brand of the above also, knowing 2 of 15.9%, knowing one of 10.5%, does not know only accounting for 15.2% of brand of any cigarette. 15% respondent have tobacco promote products, among them 3 and the above account for 57.2%, accounting for 24.7% of 2, one is 18.1%. 47.6% respondent can say 1 and the intersection of tobacco and advertisement of the above, among them to 34.1% have own tobacco advertisement with deep impression. "What this investigation used is to investigate the compatible question with the global adult tobacco, measure the tobacco advertisement that the respondent sees, promote and support, but the investigation result finds it is very great that adult and teenagers perceive to the tobacco advertisement, difference promoted and supported. The investigation result of the global adult's tobacco Chinese part shows, 24.7% of the adults have called seeing the tobacco advertisement, promoting and supporting in last 30 days, and this investigation reveals the tobacco advertisement, promoting and supporting the exposing rate of the teenagers of 3 cities is 88.9%, it is more than 3 times of the adult's. May notice the tobacco advertisement around, promote and support more easily than the adult while pointing out teenagers. " Xiao Lin says, " should pay enough attention to this formal indirect advertising type in tobacco advertisement and supervision course promoted, propose forbidding in the new advertising management of tobacco. " The tobacco advertisement mostly support formal China's disease and accuse of Professor Yang GongHuan, Deputy Director of centre, to tell " Jurisprudence Daily " reporter, according to the 13th regulation that " the tobacco controls the frame convention " of world, the tobacco advertisement that is forbidden defines the commercial propaganda in the form of any, promoting and activity and to any incident, activity or all personal formal donations. However, the capabilities to perform commitments of tobacco advertisement of our country is not fully up to expectations at present. For example, according to the convention regulation, the brand is extended and shared with the brand and is regarded as the tobacco advertisement. In addition, tobacco enterprises hope to promote enterprise's behavior to be " responsible for society " through donating Content,vivid when lasting that the citizens. According to the convention regulation, should forbid tobacco enterprises to provide the finance or material object for organizations such as the community, hygiene, welfare or environment,etc. to offer. According to the introduction of Yang GongHuan, one primary school in Sichuan Province hangs up " the tobacco of Sichuan hope in the school " publicly Brand. In addition, tobacco enterprises often use the similar words in giving financial aid to students the action, for instance: "Education is a country and flourishing foundation stone of nationality, prop up It is the duty-bound responsibility of all enterprises including China Tobacco Corporation to hold and educate. " It is introduced tobacco enterprise competent marketing real with name of amusement frequently still. As group company supports and sponsors the tobacco throughout the year in Shanghai " The Chinese cup " International women's clothing design competition, become the important content of cultural festival of international clothes of Shanghai, have attracted the concern of numerous women. Is " Jurisprudence Daily " written? The private badger of pyrrole? Though some tobacco advertisement, promoting and supporting the behavior of the present our country does not correspond to convention content, but the content of the convention has been reflecting in the law of our country to some extent all the time. According to the stipulations of article 18 of Advertising Law, forbid utilizing broadcast, movie TV, newspaper, periodical to release the tobacco advertisement. It is forbidden to set up the tobacco advertisement in public places such as all kinds of theatre, meeting hall sports competition gymnasiums and stadiums,etc.. Must indicate in the tobacco advertisement " Smoking is harmful to health " . Article 42 of Advertising Law further stipulates, infringe the provisions of article 18 of this law, utilize broadcast, movie TV, newspaper, periodical to release the tobacco advertisement, made sure that managing the organ orders ad owner, advertising operator, person who releases advertisement who has the responsibility to stop releasing by the advertisement, confiscate the advertising expenses, can combine penalty of more than one but less than five times advertising expenses of place. "Our country sanctions the tobacco and controls the convention to control putting forward the clear requirement for the tobacco advertisement, but there is very great disparity in domestic relevant policy and requirement for the frame convention. The tobacco advertisement, promoting and supporting of the tobacco industry of our country is still very rampant. " Yang GongHuan says. Why can't set up the severe punishment measure to forbid the tobacco advertisement, promote and support the behavior in accordance with the law? " Jurisprudence Daily " reporter knows, there is one too in the law enforcement agency what it is difficult to read is passed. A person in charge of the advertising monitoring center of Beijing Municipal Administration of Industry and Commerce introduces to the reporter, the intersection of Beijing area and the intersection of tobacco and the intersection of supervision and situation of advertisement come, watch at present, tobacco enterprise announce advertisement to be varied with various situation, so it is very difficult to hold yardstick accurately in enforcing the law. Beijing forbade the outdoor tobacco advertisement since 1990, but this kind of situation frequently takes place now. "Meet more situation in law enforcement, enterprise utilize various means play edge ball, announce advertisement in a disguised form. For example, establish the cultural propaganda company or group to implement the pluralistic management tactics of the products, expand influence of tobacco company and tobacco by indirect advertisement, and a lot of enterprises support the sports recreation. The thinking summarized is in enforcing the law at present, at first, the present efforts of punishment to tobacco advertisement in violation of rules and regulations of laws and regulations is relatively small, it is superficial to tobacco enterprise, it is very difficult to play a role in warning. Secondly, say, it is not accurate and overall enough to only regard advertisement as punishment basis in banning on opium-smoking and the opium trade. " This person in charge says. As to this, associate professor of government research institute Wang QingBin governed by law of China University of Political Science Law has offered the suggestion of forbidding legislation of the tobacco advertisement. "Forbid all tobacco advertisement clearly. " Wang QingBin says, at first, Advertising Law forbids the tobacco advertisement in the form of summarizing. For example, stipulate in Advertising Law that future revises clearly: It is forbidden to lie in promoting the tobacco or promoting the advertisement that the tobacco uses directly or indirectly in all purposes, results or possible results. Secondly, thinning tobacco advertisement asserts standard and form,etc. in the form of rule in Chinese General Administration for Industry and Commerce, will " release, set up, distribute, give, throw in " When being regarded as the form of the tobacco advertisement. Wang QingBin says, should set up the severe punishment measure. According to the stipulations of article 42 of Advertising Law, present punishment is in order to be " made sure that managing the organ orders ad owner, advertising operator, person who releases advertisement who has the responsibility to stop releasing by the advertisement, confiscate the advertising expenses, can combine penalty of more than one but less than five times advertising expenses of place " . But not stipulated the lower limit of the advertising expense, and very easy to evade. If do the free advertisement first, the interests that then offer in other occasions in the form of donating or other legal. So, should set up a restriction of lowest penalty number in this regulation of Advertising Law, and " Can combine the place " Change into " combines the place " . "Enforce the law in the mechanism clearly, define how to enforce the law to the new advertising form like Internet's advertisement. " QingBin Wang say to accuse of cigarette may legislate sample for reference some place at present, if " Hangzhou controls the regulations of smoking " article 12 stipulates: "It is forbidden to set up the tobacco advertisement in the public place, forbid utilizing medias such as broadcast, movie TV, network, newspaper, periodical,etc. to release the tobacco advertisement. " And for example, " Guangzhou controls the regulations of smoking " article 20 stipulates: "It is forbidden to utilize medias such as broadcast, TV, Internet, newspaper, periodical,etc. to release the tobacco advertisement. It is forbidden to set up the tobacco advertisement with the public place outdoors. It is forbidden tobacco producer, operator send and present the tobacco. " Article 28 stipulates: "Violate the provision of the first paragraph of article 20 of this regulation, utilize broadcast, TV, newspaper, periodical to release the tobacco advertisement or violate the provision of the second paragraph of article 20 of this regulation, set up the tobacco advertisement in the public place, is given administrative penalty according to the regulation of " Advertising Law of the People's Republic of China " by the administrative department for industry and commerce. Violate the provision of the second paragraph of article 20 of this regulation, set up the tobacco advertisement outdoors, the administrative department for industry and commerce orders ad owner, advertising operator, person who releases advertisement who have the responsibility to stop releasing, confiscate the advertising expenses, can combine penalty of more than 1 but less than 5 times advertising expenses of place. Violate the provision of the third paragraph of article 20 of this regulation, send and present tobacco, ordered to stop sending and presenting the behavior by the administrative department for industry and commerce, and present to the unit and fine to sending 100,000 yuan. " "However, the above-mentioned regulation is comparatively strict, but must face the difficulty in enforcing the law, because lack the concrete implementing regulation. " Wang QingBin says. This newspaper intern Li Yuan of staff reporter Du Xiao


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