Commercial Product Placement in Radio and Television：From the Perspective of Free Speech
Date Issued
2010
Date
2010
Author(s)
Wang, Tai-Hsiang
Abstract
Radio and Television of the commercial product placement is the media content showing a specific product, service or trademark. According to exchange the opportunity to reveal such content, programs makers would solicit donations. The legality of commercial product placement in our country is ambiguous as well as constitutionality. The laws differentiating programming and advertising shows the way how our government rule the three types of such contents: product placement in the program, Infomercial advertising, the program simply introduced the commercial information. From the point of view of free speech, even there are some product placement in formation in the program, the program still created by program maker and manufacturers. Therefore, the ban against the freedom of program makers and manufacturers at the same time. Information advertising is different from product placement because it only created by the manufacturers. Also the program simply introducing the commercial information is created by program makers but manufacturers. This article tried to distinguish the meanings in the constitution from those three different contents. To reduce to the practical understandings, it showed that the administrative organization and the courts believed that stimulating the consumption in the program should be banned. However, this article doubted this point of view, and argued the constitutionality of these rules. Also the type of speech of product placement is also an issue in this article. Regardless from the speaker, proposal, possibility, it can not be easily conclude product placement is commercial speech or not. Comparing the rules of United States of America and European Union, this article suggested two standards to test the constitutionality of the rules of product placement. The first was the confidence of the audience. The second was whether there is misleading information or the message would make audience decide wrong in commercial transactions. In short, the product placement should not banned, if people have no special reliance from the commercial information in the program. Also, it is not necessary to protect the information or speech from product placement which mislead people making wrong commercial decision. Furthermore, most audience have high sense of trust in the news. Before the maturity of inner-freedom of press discussion, it should not agree with that the media has such freedom to sell news to any interest groups from the traditional view of free press. From the perspective of categories of goods , even there are some advertising bans in tobacco, alcohol, cosmetics, drugs, it should not limit the product placement in such goods. This article suggested that should not be banned only if product placement included misleading or false information. The draft of Satellite Broadcasting Act ruled product placement, and this article also gave advice and made suggestions also. In conclusion, this article introduced product placement in other media, like newspapers, movies, and blogs.
Subjects
product placement
free speech
advertising information
radio and television
advertisement in news
advertising in programs
Type
thesis
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