Dou Ding Misappropriates Ni Ping and Yuan Quan's Portraits: Why Do False Advertisements Persist?

Compiled from The Paper
 
Recently, Douding Document's affiliated company, Douding Century (Beijing) Network Technology Co., Ltd., was fined by the Haidian District Market Supervision Administration of Beijing for unauthorized use of female images such as Ni Ping and Yuan Quan, violating the Advertising Law.

 

Case review
Douding Century (Beijing) Network Technology Co., Ltd. published an advertisement for "Yaoyu" medicinal bath packets on its "Douding Document" WeChat public account. The advertisement claimed the product could improve "rheumatoid arthritis," used cases of Yuan Quan, Ni Ping, Yi Nengjing, Lin Xinru, Shen Mengchen, Ms. Zheng, and Yao women to verify the product's efficacy, and compared facial images of Yuan Quan and Ni Ping before and after using the product. The company could not provide proof of the authenticity of the effects for these individuals.

 

The Haidian District Market Supervision Administration of Beijing pointed out that the company's actions violated Article 17 of the Advertising Law of the People's Republic of China (2021) and Item (4) of Paragraph 2 of Article 28 of the Advertising Law of the People's Republic of China (2018). According to relevant provisions of the Advertising Law of the People's Republic of China, the Haidian District Market Supervision Administration fined Douding Century (Beijing) Network Technology Co., Ltd. 90,000 yuan on March 1.
 
 
"Advertising Law of the People's Republic of China"
Article 17
Except for advertisements for medical treatment, pharmaceuticals, and medical devices, any other advertisements are prohibited from mentioning disease treatment functions, and must not use medical terminology or expressions that could easily confuse the promoted products with pharmaceuticals or medical devices.
 
Article 28
An advertisement that deceives or misleads consumers with false or misleading content constitutes a false advertisement.
An advertisement falls under false advertising in any of the following circumstances:
……
(4) Fabricating the effects of using a product or receiving a service.
……

 

 
[1] The author's perspective
Docin became famous for providing a large number of academic papers for readers to access. However, possibly due to financial pressure, its WeChat public account often features product promotion articles. While it is understandable to charge advertising fees from businesses, shouldn't the content of these posts be carefully reviewed? After all, since the ads are published through Docin's official WeChat account, it naturally bears responsibility for the content it releases.
 
As for why the advertisements involve multiple female celebrities, even fabricating facts, it is essentially to attract readers' attention. Since it is difficult for readers to verify whether the celebrities actually use the products, some may believe the ad content and blindly follow the celebrity endorsement to purchase the product. Ultimately driven by profit, whether it is the copywriter, the product manufacturer or seller, or Docin pushing the ads, they should all ensure the truthfulness of their promotional methods, avoiding exaggeration or fabrication. Otherwise, they may face administrative penalties and even civil liability from the celebrities involved.