Updating the regulation of Chinese advertising: improving consumer protection to meet the needs of a growing China
by Brittany French
International Journal of Private Law (IJPL), Vol. 2, No. 1, 2009

Abstract: The recent development of a market economy in China is creating a rapidly growing middle class and a greater foreign business presence. This growing market has, in turn, created more advertising as foreign businesses seek this large market of new consumers. The 1995 Advertising Law of the People's Republic of China ('1995 Advertising Law') is designed to protect consumers from misleading or false advertisements, while allowing businesses the freedom to market their goods and reach Chinese consumers. The 1995 Advertising Law has not been amended since 1995 and does not adequately respond to the various changes in Chinese society. Instead, regional regulations have been left to respond to the changes in the advertising market, leading to uneven enforcement, especially outside of the major cities. Additionally, the 1995 Advertising Law gives an inadequate definition of the advertisements it seeks to regulate, which has resulted in unregulated internet advertising. In addition to amending the 1995 Advertising Law to more precisely define advertisements, consumers would benefit from a more open and consistent enforcement of the law, better education about their rights and encouragement to voice their concerns about illegal advertisements.

Online publication date: Sun, 30-Nov-2008

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