False advertising can lead to jail time?
(Baonghean.vn) - Currently, on social networking platforms, people often advertise products of unknown origin, even "deifying" their uses, causing harm to buyers. So, how much fine and how many years in prison will these people be fined for false advertising?
That is the concern of Ms. Nguyen Hoai Thuong (Cua Lo Town, Nghe An).
Reply:
*Individuals and organizations that engage in fraudulent or untrue advertising may be subject to administrative sanctions according to the provisions of Article 34, Decree 38/2021/ND-CP.
Specifically, according to Clause 5, Article 34 of Decree 38/2021/ND-CP, a fine of 60 - 80 million VND will be imposed for acts of advertising that are incorrect or misleading:
- Regarding the business capacity, the ability to provide products, goods and services of organizations and individuals trading in products, goods and services;
- Regarding quantity, quality, price, function, design, packaging, brand, origin, type, service method, warranty period of products, goods and services that have been registered or announced.
In addition, individuals and organizations that violate the law will also be subject to the following additional penalties:
- Revoke the right to use the Product Declaration Registration Certificate from 05 to 07 months;
- Revoke the right to use the Certificate of Advertising Content from 22 to 24 months in case of violations in advertising health protection foods from 02 times or more within 06 months.
At the same time, force the removal, dismantling, deletion of advertisements or recall of printed newspaper or magazine products; force the correction of false or untrue information posted in advertisements.
*In case an individual or organization has been administratively sanctioned for false advertising but still commits violations, they may be prosecuted for criminal liability for false advertising.
Specifically, according to Article 197 of the 2015 Penal Code, anyone who falsely advertises goods or services, has been administratively sanctioned for this act or has been convicted of this crime, has not had his/her criminal record expunged, and still violates:
- Fine from 10 to 100 million VND; or - Imprisonment for up to 03 years.
In addition, offenders may also be fined from 5 to 50 million VND and banned from practicing a profession or doing certain jobs for 1 to 5 years.
Thus, advertising products of unknown origin, even “deifying” their uses, causing harm to buyers on platforms and many other social networks, shows signs of violating the law in the field of advertising. Depending on the severity, this behavior can be prosecuted according to the above criminal law provisions.
