Advertisers and producers involved in the ＂Wanda Red Scarf＂ incident have been investigated
Legal Network Jinan, September 29th, reporters, Jiang Dongliang, Xu Peng, yesterday, the "Wanda red scarf" incident reported by this newspaper aroused widespread concern in the society. The reporter learned today that the local authorities in Heze City have launched an investigation into the advertisers and advertising producers involved, and the general manager of Heze Wanda Plaza Management Company and other three main responsible persons were dismissed.
A commercial advertisement for "Wanda" appeared on the red scarf issued to students by Danyang Road Primary School in Heze City Development Zone, Shandong Province. In response, the relevant person in charge of the Education Bureau of Heze Development Zone said that it was issued by the traffic safety into the campus activity. Today, the official website of Heze Economic Development Zone released information saying that it has given a serious warning to Lu Yongmei, the principal of Danyang Road Primary School, within the party.
Some legal sources said in an interview that Wanda’s behavior not only violates morality and harms the physical and mental health of minors, but also is suspected of violating laws and regulations.
A commercial appears on the red scarf
The red scarf represents the corner of the red flag, symbolizing the revolutionary tradition of the proletariat. Since the wearer is a member of the Chinese Young Pioneers, the red scarf is also often used as a proxy for the young pioneers. However, the red scarf and small yellow hat issued by Danyang Road Primary School this time are printed with the words "Heze Wanda Plaza" and "Grand Opening on November 16".
A person in charge of the Education Bureau of Heze Development Zone, surnamed Gao, said that more than 100 red scarves were distributed to the third grade of Danyang Road Primary School during the afternoon activity on the 25th. At that time, the package was not opened and commercial advertisements were found printed. The school was closed soon after the activity. After school, a teacher discovered the problem of commercial advertisements and immediately posted a reminder message not to wear them in the parents’ WeChat group. All of them were taken back on the morning of the 26th.
"Due to the timely discovery, there was no phenomenon of students wearing it on a large scale on the street." The person in charge surnamed Gao said.
Today, the official website of the Heze Economic Development Zone released the "Notice on the Handling of the Red Scarf Print Advertising Incident in Danyang Road Primary School", saying that the Danyang Street Party Working Committee will be instructed to investigate together with relevant departments. After investigation, Lv Yongmei, the principal of Danyang Road Primary School, was directly responsible and responsible for the matter. According to the relevant provisions of the "Regulations on Disciplinary Action of the Communist Party of China", he was given a serious warning within the party. At the same time, all schools are required to learn a profound lesson and strictly prohibit commercial advertisements from entering the campus.
In addition, Wanda Commercial Management Group Co., Ltd. released information today that on September 25, Wanda Commercial Management Group’s subordinate Jinan Heze Wanda Plaza Management Company issued a batch of red scarves with commercial information without the approval of the internal management department of the enterprise, causing adverse effects. After the incident, Wanda Commercial Management Group actively cooperated with relevant government departments to investigate and deal with it, and dealt with the relevant responsible persons seriously: the labor relationship of the three main responsible persons including the general manager of Heze Wanda Plaza Management Company was lifted, and the three senior management personnel including the general manager of Jinan Region and the five relevant responsible persons including the deputy general manager of investment promotion and operation of Heze Wanda Plaza were punished by canceling their year-end promotion qualifications and deducting their post salaries.
Wanda’s actions deserve moral condemnation
Sun Ruixi, a lawyer at Shandong Dayang Law Firm and vice president of the Shandong Provincial Bar Association, said that the red scarf is a corner of the red flag, dyed with the blood of revolutionary martyrs, a symbol of the Chinese Young Pioneers, and represents the patriotism of the Chinese people. In this case, although the school took back all the red scarves issued after discovering the above-mentioned illegal acts, the above-mentioned actions of the advertiser have seriously violated the honor of the Chinese Young Pioneers and hurt the simple patriotism of the Chinese people. It deserves serious moral condemnation.
"The red scarf has a lofty meaning and sacred value in the hearts of underage children. Now that commercial advertisements are printed on the red scarf, children will mistake the red scarf for the carrier of advertising and the tool of advertising. This distorts their correct values and greatly harms children’s physical and mental health." Wang Xinliang, director of Shandong Xinliang Law Firm, said.
After the news came to light, Wanda’s behavior caused great indignation among netizens, and everyone left messages on major websites. "Wanda’s advertisement is very novel, and it actually insults the blood of martyrs. The advertisement does a red scarf, and it relies on martyrs to promote it. The blood of martyrs dyes the national flag, and the corner of the national flag is made into a red scarf. The advertisement does a red scarf. The creative idea is really novel."
Market supervision department files an investigation
From a legal perspective, there are regulations governing the use of red scarves.
The reporter checked and found that "Several Provisions on the Production and Use of the Flag, Team Emblem and Red Scarf of the Chinese Youth Pioneer Team, and the Logo of the Team Cadres" (Zhongshaofa [2005] No. 20;), Article 13 of which clearly stipulates: The flag, team emblem and red scarf of the Chinese Youth Pioneer Team, the logo of the team cadres and their patterns shall not be used for trademarks, commercial advertisements and commercial activities. Youth working committees and Young Pioneer organizations at all levels shall supervise and inspect the implementation of these regulations.
"Article 39 of the Advertising Law of the People’s Republic of China clearly stipulates that advertising activities shall not be carried out in primary and secondary schools and kindergartens, and advertisements shall not be released or disguised using textbooks, teaching aids, exercise books, stationery, teaching aids, school uniforms, school buses, etc. of primary and secondary school students and young children, except for public service advertisements." A prosecutor, who did not want to be named, told reporters that the red scarf, as a symbol and logo of China’s young pioneers, has strict production and use norms, and shall not be used for trademarks, commercial advertisements and commercial activities. The act of printing commercial advertisements on the red scarf and distributing them to primary school students in Heze Wanda Plaza violated the production and use norms of the red scarf and violated the relevant provisions of the Advertising Law.
The prosecutor said that the administrative department for industry and commerce has the right to deal with the illegal act in accordance with the relevant provisions of the Advertising Law to ensure the seriousness of the production and use of red scarves, which is of great significance for strengthening the ideological and moral education of children, strengthening the cohesion of the young pioneers, and promoting the proletarian revolutionary tradition.
Heze City Bureau of Industry and Commerce Advertising Section Chief Wu said in an interview with reporters that the current Economic Development Zone Market Supervision and Administration Bureau has filed an investigation into the matter, mainly involving advertisers and advertising producers.
"According to the Advertising Law, Wanda’s advertising on the red scarf violates Article 39 of the Advertising Law and should be subject to administrative punishment in accordance with Article 58 of the Advertising Law," Wu said.
This newspaper will continue to monitor the progress of the incident.