it’s not the “strongest” or the “best”, big tech companies should stop exaggerating | beijing news column
2024-09-13
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▲data map: using absolute language in advertisements violates the advertising law. photo/ic photo
in recent years, whether in the field of technology such as mobile phones or automobiles, many large technology companies have frequently used exaggeration when launching new products or promoting their products. in particular, in terms of word choice, in order to achieve marketing purposes, some companies frequently use absolute expressions, such as "strongest", "best", "optimal" and other words appearing in advertising slogans, which have repeatedly caused widespread controversy in the public opinion field.
"the most powerful and safest intelligent driving system", "the most beautiful pure electric suv in the world", "the best and most powerful suv on land under 10 million", "the best family flagship suv under 5 million", "the best suv under 500,000"... some companies are full of confidence and passion when promoting their products, and the frequent use of absolute language has become their "feature".
as representatives of china's high-tech enterprises, the product quality of these technology giants is certainly trustworthy, and in fact they may have truly led similar products or even been far ahead. however, even so, technology giants are still not allowed to use absolute language in advertising, because such advertising content is clearly prohibited by the current advertising law.
absolute terms can easily mislead consumers
my country's advertising law clearly stipulates that commercial advertisements shall not "use terms such as 'national level', 'highest level', 'best', etc." although this provision only lists the three expressions "national level," "highest level," and "best," it also has the word "etc." after them.
judging from the legislative purpose of the advertising law and the context of this provision, except for describing objective facts in time and space and expressing business philosophy, as long as such absolute terms appear in relevant commercial advertisements, which disparage other operators and mislead consumers, it is illegal.
as clearly stated in the "interpretation of the advertising law of the people's republic of china" published by the legislative affairs committee of the national people's congress in 2015: advertisements should introduce goods or services truthfully and objectively, and should not use absolute terms such as "national level", "highest level" or "best".
economic and social life is constantly developing and changing, and any description of goods or services should not be absolute. the use of absolute terms in advertisements is not only easy to mislead consumers, but also may improperly devalue similar goods or services, so the law clearly prohibits it.
according to the provisions of the advertising law regarding the use of absolute terms, similar promotions by some major technology companies are clearly suspected of violating the law.
however, despite public doubts about whether such absolute advertising terms are illegal, some technology giants do not seem to have any intention of restricting such exaggerated advertising methods. in recent years, in the launch conferences of related products, the frequency and density of expressions such as "best", "strongest" and "safest" have not decreased, and some even use this as a marketing strategy.
treat everyone equally to ensure fair law enforcement
it is worth noting that the phenomenon of these technology giants using absolute language in their advertisements is not a recent phenomenon, but has been going on for many years. in this context, the relevant departments cannot remain silent and need to intervene in a timely manner to correct the possible illegal behavior of the relevant technology companies.
there is consensus on this. media reports show that before this, market supervision departments in various places have punished some companies for using absolute language in their advertisements.
for example, a snack bar was fined 200,000 yuan by the market supervision department for violating the law because it claimed to be "the best snack bar in hangzhou" and "the most delicious sugar-roasted chestnuts in hangzhou". after the party concerned took the case to court, the amount of the fine was changed to 100,000 yuan.
therefore, the relevant market regulatory authorities should also treat all companies equally and punish any advertising activities of major technology companies that may be suspected of being illegal, so as to ensure fair and equal law enforcement.
fair and equal law enforcement is an indispensable part of shaping a good market environment and long-term stable economic and social development. considering the exemplary role of technology giants, relevant departments should intervene as soon as possible to strictly and fairly enforce the law to eliminate the possible misleading of consumers by these phenomena, and better protect the fair competition rights of the same industry.
it should be noted that pointing out that some technology giants are suspected of illegal behavior in their advertisements does not mean that we do not support domestic products. on the contrary, it is precisely because of the "deep love" that we hope that these technology giants can take the initiative to assume their own responsibilities and operate in compliance with regulations.
this is also what the public expects: technology giants should not only be advanced in technology, but also abide by the law in their behavior. only in this way can these technology giants play a leading role in technology and a role model in behavior, becoming model companies that can represent china's advanced technological capabilities and china's rule of law spirit.
written by cai lewei (teacher at china university of political science and law)
editor/ ma xiaolong
proofreading/ chen diyan
