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© 2015 DAXUE CONSULTING
ALL RIGHTS RESERVED
ONLINE
ADVERTISING
IN CHINA
SEPTEMBER, 2015
Daxue香港 上海 北京
Consulting
+86 (21) 5386 0380www.daxueconsulting.com
TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM
TABLE OF CONTENTS
1.0 ONLINE ADVERTISING IN CHINA
•	 The rise of advertising in China
•	 Online advertising in China continues to grow
•	 Why brands should care about online advertising?
•	 The unprecedented trend in online advertising
•	 Three tips for advertisers to achieve success in China
2.0 CHINA’S NEW ADVERTISING LAW
•	 China’s new advertising law
•	 A remedy for false advertising
•	 A clearer definition of false advertising
•	 Heavier administrative penalty & civil responsibility
•	 New costs in, old costs out
•	 e-Commerce shops of personal care products face big reform
+86 (21) 5386 0380www.daxueconsulting.com
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Online advertising
will continue to grow
and take share from the traditional advertising market.
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THE RISE OF
ADVERTISING IN CHINA
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The rise of advertising
in China
At the time when the People’s Republic of China
was founded, the old advertising industry had
undergone a robust development. Various forms
ofadvertisingsuchasposters,placards,billboards,
signs and windows displays were prominently
featuredinChina’scities.Withastrongbackground
in advertising management, many advertising
techniques were further used as an important tool
for social ideological and economic propaganda.
However, during the Cultural Revolution,
advertising was prohibited and attacked as “feng
zixiu” (i.e. feudalism, capitalism, revisionism).
Advertising agencies were disbanded, leaving
China’s industry to stagnate at a time when
advertising was undergoing rapid development
elsewhere in the world. The situation improved
with the end of the Cultural Revolution in 1978.
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After the Third Plenary Session, planned economy
transitioned to market adjustment. Many new
products needed help developing new markets
and expanding sales, providing an opportunity for
the advertising industry to recover and develop.
The year 1978 is regarded as the beginning of the
advertising industry recovery in China.
Advertisingintermsofquantity,form,management
and other aspects has since improved by leaps
and bounds, but its long hiatus and subsequent
boom has created a parallel development that
separates Chinese advertising from the rest of
the world in a few key ways.
The year 1978
is regarded as
the beginning of
the advertising
industry recovery
in China.
“
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Online advertising in China is growing at a
shocking rate, playing an increasingly important
role in the advertising industry. It even surpassed
billboard advertising to become the fifth largest
media after the four traditional mediums
(television, radio, newspapers, magazines).
Notice that China still relies heavily on these
traditional advertising channels while online
advertising in China is innovating at a very rapid
rate. This is one of the curious factors that define
China’s advertising space. In response, numerous
international advertising agencies have set up a
special online media division in order to capitalize
onthehugepotentialforonlineadvertisinginChina.
Online advertising in China
continues to grow
In 2014, the advertising market in China continued
its steady expansion with a growth rate of 9.7%,
higher than the GDP growth rate of 7.7%.
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According to Tsinghua University School of
Journalism and Communication’s Media Blue
Book: China Media Industry Development
Report (2015), online advertising revenue in 2014
exceeded television advertising revenue for the
first time, with more than 150 billion RMB.
Onlineadvertisingwillcontinuetotakemoreshare
from the traditional advertising market and come
to support the majority of growth for the whole
advertising market in China. As more companies
realize that the downward trend of print media is
difficult if not impossible to reverse, they will seek
to pivot into online advertising.
Online advertising
revenue
has surpassed
that of television
in China
for the first time.
“
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TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM
Why brands should care about
online advertising?
In July 2015, the CNNIC (China Internet Network
Information Center) announced that the number
of Chinese netizens reached 668 million, with an
internet penetration rate of 48.8%.
Among them, the number of mobile phone users
reached 594 million, about 88.9% of the total
internet population. With the trend towards larger
screens and the continuous improvement of
mobile applications experience, mobile phones
are likely to become the main internet terminal for
a majority of internet users. In addition, the overall
diversity of internet users has greatly improved.
Internet users in rural areas are experiencing a
rapid growth as well. More and more industries
are now suitable for online advertising, which
will undoubtedly become a long-term growth
momentum for online advertising in China.
+86 (21) 5386 0380www.daxueconsulting.com
TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM
The unprecedented trend
in online advertising
The online advertising market boom not only
encourages traditional advertising agencies
to pivot towards online advertising, but has
also spawned a growing number of advertising
agencies entering the online advertising market.
In addition, user service providers, firms that offer
services to measure advertising effectiveness,
and many other companies have also entered the
online advertising market.
At the same time, facing huge profit space, the
online advertising market has become a major
source of income for many websites.
The competition between websites is becoming
more intense. A lot of websites are constantly
adjusting their ads, revising the original ads and
improving their layout.
SOURCES
http://www.beead.com.cn/newsinfo.aspx?nid=25&id=167
http://www.lxgg.top/news-hy-1.html
http://wenku.baidu.com/view/c30354c75fbfc77da269b1eb.html
http://www.meihua.info/a/53046
https://xueqiu.com/4453470453/24026066
http://www.ban-ma.com/index.php/discover/r-881.html
http://www.meihua.info/a/51713
http://www.wenku1.com/view/CE0360DA37EFC4EA.html
http://media.people.com.cn/n/2012/1029/c350882-19423103.html
http://www.lxgg.top/news-hy-1.html
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Three tips
for advertisers to achieve
success in China
Specify
advertising
purposes
and target
Creative
advertising
production
Specify the
budget
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Three tips
Specify advertising purposes
and target
Advertising purposes can be brand promotion,
product promotion or online business. Advertisers
should choose different types of online ads
corresponding to their different purposes. If it
is to promote the brand, advertisers should put
their advertisements on a website which has a
significant amount of traffic, a high reputation and
an audience in line with target consumers. One
ideal venue for this is the densely populated and
highly active Chinese blogosphere.
Finding a blog that matches the target
demographic requires local expertise, but it’s
often more successful (and less expensive) than
advertising in more traditional outlets.
If it is to promote a product or channel construction,
suitable for industry portal advertising, and if it is
to promote an online business, then one should
engage in Baidu SEM, making bids on keyword
rankings in China’s dominant search engine.
+86 (21) 5386 0380www.daxueconsulting.com
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Three tips
Creative advertising
production
Media forms of online advertising includes text,
pictures, animation, and other rich media, all of
which are especially popular in China, where
consumers react positively to creative, delicately
designed and accurate positioning of advertising.
Viral campaigns are particularly effective as their
populist nature overcomes some of the initial
skepticism that is growing in China following
several highly publicized scandals regarding false
advertising.
However, China’s netizens are extremely
discerning, and in a country where verified
user reviews rate higher than any other form of
recommendation, false advertising can backfire
quickly and catastrophically.
+86 (21) 5386 0380www.daxueconsulting.com
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Three tips
Specify the
budget
The cost gap between different types of online
advertising and web platforms is significant. The
advertising costs on Sina, QQ and other big sites
range into the tens and hundreds of thousands
of RMB. Small professional gateways charge
in the tens of thousands typically. The price is
relatively cheap for advertising networks, but
mostly personal websites are comparatively low.
As previously mentioned, identifying smaller (by
Chinese standards, they may still have monthly
traffic of a hundred thousand unique visitors or
more) websites which attract readers close to a
product’s target consumer is a sure way to keep
costs low and simultaneously make sure the
message reaches those most likely to buy.
SOURCES
http://blog.sina.com.cn/s/blog_49c4b91a0100ybwt.html
http://zggg.guanggaow.cn/y/d/g.html
http://www.admaimai.com/Interview/Detail/521.html
http://www.fortunechina.com/magazine/c/2006-03/01/content_1603.htm
http://www.ytsports.cn/news-1297.html
http://report.iresearch.cn/html/20150507/249592.shtml
http://bbs.hexun.com/money/post_568_5396348_1_d.html
http://media.people.com.cn/GB/22114/52789/146056/8825543.html
+86 (21) 5386 0380www.daxueconsulting.com
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CHINA’S NEW
ADVERTISING LAW
+86 (21) 5386 0380www.daxueconsulting.com
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China’s
new advertising law
In recent years there have been many problems
with fake and inaccurate advertising in China.
According to State Administration for Industry
and Commerce of the People’s Republic of China
(SAIC), for the past eight years (from 2007 to 2014),
SAIC has dealt with a total of 370,000 cases of
illegal advertising, about 30% of which are false
advertising. In 2014 alone there were 26,700
cases of false advertising and representation and
the percentage has kept increasing for the past
five years. The Chinese authorities have stepped
up their efforts to deal with false advertising lately.
Crest bore the brunt and faced the biggest fine
for false advertising in China.
Their advertising copy reading “use Crest dazzle
double effect whitening toothpaste for just one
day and your teeth really turn white” was judged
to be false advertising and as a result, Crest was
fined 6.03 million RMB. According to the Shanghai
IndustrialandCommercialBureauofInvestigation,
the whitening effect in the advertisement was
produced by excessive use of CGI, not the
toothpaste. ”Toothpaste is generally intended for
teeth cleaning and sometimes has anti-acid or
desensitizing functions. Whitening is actually very
difficult to accomplish,” said an industry expert.
+86 (21) 5386 0380www.daxueconsulting.com
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A remedy
for false advertising
“Advertising Law of the People’s Republic of
China (Revision 2015)” (New Advertising Law) was
passed by the fourteenth plenary meeting of the
12th National People’s Congress (NPC) on April 24,
2015 and implemented on September 1st, 2015.
The New Advertising Law is a major overhaul of
the1994versionwithexpansionofprovisionsfrom
49 to 75. It has made changes and improvements
to the legal liability of advertising bodies, the
identification of false advertising and the power of
regulatory authorities. The New Advertising Law
is believed to be a remedy for false advertising
thanks to the following two breakthroughs.
1
2
A clearer definition of
false advertising
Heavier administrative
penalty & civil responsibility
+86 (21) 5386 0380www.daxueconsulting.com
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A clearer definition
of false advertising
Previously in the old advertising law there were
only a few provisions for the definition of false
advertisement. The new advertising law provides
a very detailed definition of false advertisement
with five specified situations and clarifies what is
false advertisement for the very first time.
Heavier administrative
penalty & civil responsibility
In the old advertising law, the advertising agent
and publisher bore joint liability with the advertiser
only when they designed, produced or published
the advertisement with knowledge of the falsity of
the advertisement.
However, with the new law, the advertising agent,
publisher or endorser must now bear joint and
several liability with the advertiser, particularly in
the case when a false advertisement is published
forcommoditiesorserviceswhichcausesdamage
to consumers’ life or health, even if the agent,
publisher or endorser is not at fault or negligent.
+86 (21) 5386 0380www.daxueconsulting.com
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New costs in,
old costs out
To comply with the new advertising law, firms
previously reliant on misleading or false
advertising would have to factor in significant
fines. The new law increases the penalties of
false advertising, but how effective this will be
for most large companies able to absorb these
fines is still unclear. As new costs come in, old
costs exit the market.
The 1994 version of advertising law requires
the advertising agent to undergo company or
advertising management registration before
conducting advertising activities.
This provision is completely canceled in the new
advertising law. This modification further reduces
government intervention in the advertising market
and eliminates entry market costs.
+86 (21) 5386 0380www.daxueconsulting.com
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e-Commerce shops of personal
care products face big reform
The new law is going to be easier on big brands
since small firms with relatively small capital will
find themselves particularly vulnerable to the
relatively large fines incurred by false advertising.
Substantial online shops of personal care
products, for example, are likely to be affected
by the new advertising law.
Although the new advertising law lists only three
phrases, “state level”, “highest level”, and “the
best” as forbidden to appear in an advertisement
(justlikeinthe1994version),theonlinecommerce
sector has reacted with panic to the increased
penalty (200-1000 thousand RMB).
As early as January 1, 2015, Taobao launched
“identification of information inconsistent with the
realityandrulesofpunishmentandimplementation
details” for Taobao sellers. It stated that words
such as “highest, lowest, best, hottest,” as well
as advertising inconsistent with actual effect, will
be subject to an appropriate “legal process” and
listed a detailed approach.
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What’s more, moisturizing, whitening, firming,
anti-acne and other common language regarding
the efficacy of cosmetics will be difficult to be
freely advertised on product descriptions in the
future as well.
The new advertising law also stipulates that
advertising spokespersons must not make
recommendations or testimonials on products
they have not used or services they have not
received, which implies that men cannot endorse
female cosmetics and care products any longer.
Minors under 10 years old can also no longer
be advertising spokespersons under the new
advertising law.
The popular reality TV show “Dad, where are we
going” in China made many kids celebrities. Some
kids were able to earn up to 150 thousand RMB
per day simply through endorsements. The new
advertising law has brought a full stop to this.
SOURCES
http://www.junhe.com/images/ourpublications/Research_Reports/Research_Reports_CN/20150520.pdf
http://media.people.com.cn/n/2015/0310/c40606-26665331.html
http://www.saic.gov.cn/zzjg/zjld/gl/zyhd/201504/t20150427_155504.html
http://www.yicai.com/news/2015/04/4610472.html
http://news.xinhuanet.com/fortune/2015-03/12/c_1114619541.htm
http://www.ablanxue.com/shtml/201509/28074_1.shtml
Advertising Law of the People’s Republic of China
http://information.dla.com/information/published/Amendment%20_to_the_PRC_Advertising_Law.pdf
http://www.china-briefing.com/news/2015/03/04/new-advertising-law-expected.html
http://chinalawtranslate.com/bilingual-advertising-law-2015/?lang=en
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About us
Daxue Consulting is a market research
company dedicated to providing the
best specially tailored, high-quality,
customer-specific data in one of
the most challenging markets in the
world; China. We leverage our unique
network of university organizations
and professors, business associates,
industry experts and foreign and local
consultants to find the information you
needefficiently,reliablyandinamanner
that addresses your specific needs.
We excel because we’re reliable,
resourceful and flexible, everything
that the Chinese market demands.
BEIJING, CHINA
Room726,Building1,40DongZhongRoad,
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SHANGHAI, CHINA
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© 2015 DAXUE CONSULTING
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Consulting
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HONG KONG | BEIJING | SHANGHAI
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The online advertising in China by Daxue consulting

  • 1. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM © 2015 DAXUE CONSULTING ALL RIGHTS RESERVED ONLINE ADVERTISING IN CHINA SEPTEMBER, 2015 Daxue香港 上海 北京 Consulting
  • 2. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM TABLE OF CONTENTS 1.0 ONLINE ADVERTISING IN CHINA • The rise of advertising in China • Online advertising in China continues to grow • Why brands should care about online advertising? • The unprecedented trend in online advertising • Three tips for advertisers to achieve success in China 2.0 CHINA’S NEW ADVERTISING LAW • China’s new advertising law • A remedy for false advertising • A clearer definition of false advertising • Heavier administrative penalty & civil responsibility • New costs in, old costs out • e-Commerce shops of personal care products face big reform
  • 3. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM Online advertising will continue to grow and take share from the traditional advertising market.
  • 4. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM THE RISE OF ADVERTISING IN CHINA
  • 5. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM The rise of advertising in China At the time when the People’s Republic of China was founded, the old advertising industry had undergone a robust development. Various forms ofadvertisingsuchasposters,placards,billboards, signs and windows displays were prominently featuredinChina’scities.Withastrongbackground in advertising management, many advertising techniques were further used as an important tool for social ideological and economic propaganda. However, during the Cultural Revolution, advertising was prohibited and attacked as “feng zixiu” (i.e. feudalism, capitalism, revisionism). Advertising agencies were disbanded, leaving China’s industry to stagnate at a time when advertising was undergoing rapid development elsewhere in the world. The situation improved with the end of the Cultural Revolution in 1978.
  • 6. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM After the Third Plenary Session, planned economy transitioned to market adjustment. Many new products needed help developing new markets and expanding sales, providing an opportunity for the advertising industry to recover and develop. The year 1978 is regarded as the beginning of the advertising industry recovery in China. Advertisingintermsofquantity,form,management and other aspects has since improved by leaps and bounds, but its long hiatus and subsequent boom has created a parallel development that separates Chinese advertising from the rest of the world in a few key ways. The year 1978 is regarded as the beginning of the advertising industry recovery in China. “
  • 7. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM Online advertising in China is growing at a shocking rate, playing an increasingly important role in the advertising industry. It even surpassed billboard advertising to become the fifth largest media after the four traditional mediums (television, radio, newspapers, magazines). Notice that China still relies heavily on these traditional advertising channels while online advertising in China is innovating at a very rapid rate. This is one of the curious factors that define China’s advertising space. In response, numerous international advertising agencies have set up a special online media division in order to capitalize onthehugepotentialforonlineadvertisinginChina. Online advertising in China continues to grow In 2014, the advertising market in China continued its steady expansion with a growth rate of 9.7%, higher than the GDP growth rate of 7.7%.
  • 8. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM According to Tsinghua University School of Journalism and Communication’s Media Blue Book: China Media Industry Development Report (2015), online advertising revenue in 2014 exceeded television advertising revenue for the first time, with more than 150 billion RMB. Onlineadvertisingwillcontinuetotakemoreshare from the traditional advertising market and come to support the majority of growth for the whole advertising market in China. As more companies realize that the downward trend of print media is difficult if not impossible to reverse, they will seek to pivot into online advertising. Online advertising revenue has surpassed that of television in China for the first time. “
  • 9. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM Why brands should care about online advertising? In July 2015, the CNNIC (China Internet Network Information Center) announced that the number of Chinese netizens reached 668 million, with an internet penetration rate of 48.8%. Among them, the number of mobile phone users reached 594 million, about 88.9% of the total internet population. With the trend towards larger screens and the continuous improvement of mobile applications experience, mobile phones are likely to become the main internet terminal for a majority of internet users. In addition, the overall diversity of internet users has greatly improved. Internet users in rural areas are experiencing a rapid growth as well. More and more industries are now suitable for online advertising, which will undoubtedly become a long-term growth momentum for online advertising in China.
  • 10. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM The unprecedented trend in online advertising The online advertising market boom not only encourages traditional advertising agencies to pivot towards online advertising, but has also spawned a growing number of advertising agencies entering the online advertising market. In addition, user service providers, firms that offer services to measure advertising effectiveness, and many other companies have also entered the online advertising market. At the same time, facing huge profit space, the online advertising market has become a major source of income for many websites. The competition between websites is becoming more intense. A lot of websites are constantly adjusting their ads, revising the original ads and improving their layout. SOURCES http://www.beead.com.cn/newsinfo.aspx?nid=25&id=167 http://www.lxgg.top/news-hy-1.html http://wenku.baidu.com/view/c30354c75fbfc77da269b1eb.html http://www.meihua.info/a/53046 https://xueqiu.com/4453470453/24026066 http://www.ban-ma.com/index.php/discover/r-881.html http://www.meihua.info/a/51713 http://www.wenku1.com/view/CE0360DA37EFC4EA.html http://media.people.com.cn/n/2012/1029/c350882-19423103.html http://www.lxgg.top/news-hy-1.html
  • 11. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM Three tips for advertisers to achieve success in China Specify advertising purposes and target Creative advertising production Specify the budget
  • 12. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM Three tips Specify advertising purposes and target Advertising purposes can be brand promotion, product promotion or online business. Advertisers should choose different types of online ads corresponding to their different purposes. If it is to promote the brand, advertisers should put their advertisements on a website which has a significant amount of traffic, a high reputation and an audience in line with target consumers. One ideal venue for this is the densely populated and highly active Chinese blogosphere. Finding a blog that matches the target demographic requires local expertise, but it’s often more successful (and less expensive) than advertising in more traditional outlets. If it is to promote a product or channel construction, suitable for industry portal advertising, and if it is to promote an online business, then one should engage in Baidu SEM, making bids on keyword rankings in China’s dominant search engine.
  • 13. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM Three tips Creative advertising production Media forms of online advertising includes text, pictures, animation, and other rich media, all of which are especially popular in China, where consumers react positively to creative, delicately designed and accurate positioning of advertising. Viral campaigns are particularly effective as their populist nature overcomes some of the initial skepticism that is growing in China following several highly publicized scandals regarding false advertising. However, China’s netizens are extremely discerning, and in a country where verified user reviews rate higher than any other form of recommendation, false advertising can backfire quickly and catastrophically.
  • 14. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM Three tips Specify the budget The cost gap between different types of online advertising and web platforms is significant. The advertising costs on Sina, QQ and other big sites range into the tens and hundreds of thousands of RMB. Small professional gateways charge in the tens of thousands typically. The price is relatively cheap for advertising networks, but mostly personal websites are comparatively low. As previously mentioned, identifying smaller (by Chinese standards, they may still have monthly traffic of a hundred thousand unique visitors or more) websites which attract readers close to a product’s target consumer is a sure way to keep costs low and simultaneously make sure the message reaches those most likely to buy. SOURCES http://blog.sina.com.cn/s/blog_49c4b91a0100ybwt.html http://zggg.guanggaow.cn/y/d/g.html http://www.admaimai.com/Interview/Detail/521.html http://www.fortunechina.com/magazine/c/2006-03/01/content_1603.htm http://www.ytsports.cn/news-1297.html http://report.iresearch.cn/html/20150507/249592.shtml http://bbs.hexun.com/money/post_568_5396348_1_d.html http://media.people.com.cn/GB/22114/52789/146056/8825543.html
  • 15. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM CHINA’S NEW ADVERTISING LAW
  • 16. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM China’s new advertising law In recent years there have been many problems with fake and inaccurate advertising in China. According to State Administration for Industry and Commerce of the People’s Republic of China (SAIC), for the past eight years (from 2007 to 2014), SAIC has dealt with a total of 370,000 cases of illegal advertising, about 30% of which are false advertising. In 2014 alone there were 26,700 cases of false advertising and representation and the percentage has kept increasing for the past five years. The Chinese authorities have stepped up their efforts to deal with false advertising lately. Crest bore the brunt and faced the biggest fine for false advertising in China. Their advertising copy reading “use Crest dazzle double effect whitening toothpaste for just one day and your teeth really turn white” was judged to be false advertising and as a result, Crest was fined 6.03 million RMB. According to the Shanghai IndustrialandCommercialBureauofInvestigation, the whitening effect in the advertisement was produced by excessive use of CGI, not the toothpaste. ”Toothpaste is generally intended for teeth cleaning and sometimes has anti-acid or desensitizing functions. Whitening is actually very difficult to accomplish,” said an industry expert.
  • 17. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM A remedy for false advertising “Advertising Law of the People’s Republic of China (Revision 2015)” (New Advertising Law) was passed by the fourteenth plenary meeting of the 12th National People’s Congress (NPC) on April 24, 2015 and implemented on September 1st, 2015. The New Advertising Law is a major overhaul of the1994versionwithexpansionofprovisionsfrom 49 to 75. It has made changes and improvements to the legal liability of advertising bodies, the identification of false advertising and the power of regulatory authorities. The New Advertising Law is believed to be a remedy for false advertising thanks to the following two breakthroughs. 1 2 A clearer definition of false advertising Heavier administrative penalty & civil responsibility
  • 18. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM A clearer definition of false advertising Previously in the old advertising law there were only a few provisions for the definition of false advertisement. The new advertising law provides a very detailed definition of false advertisement with five specified situations and clarifies what is false advertisement for the very first time. Heavier administrative penalty & civil responsibility In the old advertising law, the advertising agent and publisher bore joint liability with the advertiser only when they designed, produced or published the advertisement with knowledge of the falsity of the advertisement. However, with the new law, the advertising agent, publisher or endorser must now bear joint and several liability with the advertiser, particularly in the case when a false advertisement is published forcommoditiesorserviceswhichcausesdamage to consumers’ life or health, even if the agent, publisher or endorser is not at fault or negligent.
  • 19. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM New costs in, old costs out To comply with the new advertising law, firms previously reliant on misleading or false advertising would have to factor in significant fines. The new law increases the penalties of false advertising, but how effective this will be for most large companies able to absorb these fines is still unclear. As new costs come in, old costs exit the market. The 1994 version of advertising law requires the advertising agent to undergo company or advertising management registration before conducting advertising activities. This provision is completely canceled in the new advertising law. This modification further reduces government intervention in the advertising market and eliminates entry market costs.
  • 20. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM e-Commerce shops of personal care products face big reform The new law is going to be easier on big brands since small firms with relatively small capital will find themselves particularly vulnerable to the relatively large fines incurred by false advertising. Substantial online shops of personal care products, for example, are likely to be affected by the new advertising law. Although the new advertising law lists only three phrases, “state level”, “highest level”, and “the best” as forbidden to appear in an advertisement (justlikeinthe1994version),theonlinecommerce sector has reacted with panic to the increased penalty (200-1000 thousand RMB). As early as January 1, 2015, Taobao launched “identification of information inconsistent with the realityandrulesofpunishmentandimplementation details” for Taobao sellers. It stated that words such as “highest, lowest, best, hottest,” as well as advertising inconsistent with actual effect, will be subject to an appropriate “legal process” and listed a detailed approach.
  • 21. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM What’s more, moisturizing, whitening, firming, anti-acne and other common language regarding the efficacy of cosmetics will be difficult to be freely advertised on product descriptions in the future as well. The new advertising law also stipulates that advertising spokespersons must not make recommendations or testimonials on products they have not used or services they have not received, which implies that men cannot endorse female cosmetics and care products any longer. Minors under 10 years old can also no longer be advertising spokespersons under the new advertising law. The popular reality TV show “Dad, where are we going” in China made many kids celebrities. Some kids were able to earn up to 150 thousand RMB per day simply through endorsements. The new advertising law has brought a full stop to this. SOURCES http://www.junhe.com/images/ourpublications/Research_Reports/Research_Reports_CN/20150520.pdf http://media.people.com.cn/n/2015/0310/c40606-26665331.html http://www.saic.gov.cn/zzjg/zjld/gl/zyhd/201504/t20150427_155504.html http://www.yicai.com/news/2015/04/4610472.html http://news.xinhuanet.com/fortune/2015-03/12/c_1114619541.htm http://www.ablanxue.com/shtml/201509/28074_1.shtml Advertising Law of the People’s Republic of China http://information.dla.com/information/published/Amendment%20_to_the_PRC_Advertising_Law.pdf http://www.china-briefing.com/news/2015/03/04/new-advertising-law-expected.html http://chinalawtranslate.com/bilingual-advertising-law-2015/?lang=en
  • 22. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM About us Daxue Consulting is a market research company dedicated to providing the best specially tailored, high-quality, customer-specific data in one of the most challenging markets in the world; China. We leverage our unique network of university organizations and professors, business associates, industry experts and foreign and local consultants to find the information you needefficiently,reliablyandinamanner that addresses your specific needs. We excel because we’re reliable, resourceful and flexible, everything that the Chinese market demands. BEIJING, CHINA Room726,Building1,40DongZhongRoad, Dongcheng District SHANGHAI, CHINA Room1701,Building1,525FangxieRoad, Huangpu District HONG KONG, HONG KONG ISLAND 13 Queen’s Road Central, Floor 23, Central District PARIS, FRANCE Daxue Consulting, 45 Rue de Courcelles, 75008 Paris
  • 23. +86 (21) 5386 0380www.daxueconsulting.com TO ACCESS MORE INFORMATION ON ONLINE ADVERTISING IN CHINA, PLEASE CONTACT DX@DAXUECONSULTING.COM If you like what you see, follow us! Yes, these are clickable buttons!
  • 24. © 2015 DAXUE CONSULTING ALL RIGHTS RESERVED Daxue香港 上海 北京 Consulting CONTACT US HONG KONG | BEIJING | SHANGHAI www.daxueconsulting.com dx@daxueconsulting.com +86 (21) 5386 0380 +86 134 6658 3902 This report is the property of DaxueConsulting. No copyrighted materials may be reproduced, redistributed, or transferred without prior consent from Daxue Consulting. For more information on the industry featured in this report, please contact us.