France’s Conseil Supérieur de l’Audiovisuel (CSA) banned the use of the words “Facebook” and “Twitter” on French Television unless they are included in news stories about the respective social networks. This is reported in the news.
According to French authorities the use of the words” Facebook” or “Twitter” is equivalent to advertising and promoting those social networks over others. As a result advertisers looking to promote their presence on the social networks will have to use the generic terminology, such as “Find us on social networking sites,” instead of, “Find us on Facebook,” or, “Follow us on Twitter.” As pointed out by Christine Kelly, CSA spokeswoman, “Why give preference to Facebook, which is worth billions of dollars, when there are many other social networks that are struggling for recognition? This would be a distortion of competition. If we allow Facebook and Twitter to be cited on air, it’s opening a Pandora’s Box — other social networks will complain to us saying, ‘Why not us?’”
Is there any legal basis to this? Apparently, according to CSA, mentioning a particular social network by name was akin to engaging in secret, unfair advertising which was banned by law in 1992. Is this overreacting? I would say France is overreacting. Will this ban hold up under Philippine set-up? I do not think so.
The Philippines has a wide range of laws and statutes that deal with the various aspects of competition law such as monopolies and combinations in restraint of trade, restrictive business practices, price control measures and consumer protection. However, no specific law that deals with this kind of issue. The law, a special law that is, that comes close is the Consumer Act of the Philippiness (1992) which prescribes conduct for business and industry. It sets penalties for deceptive, unfair and unconscionable sales practices to protect and promote the interest of consumers. It also covers consumer product quality and safety standards. In particular Sec 110 of Consumer Act of the Philippiness, the provision that deals with false, deceptive and misleading advertisement provides:
Art. 110. False, Deceptive or Misleading Advertisement. - It shall be unlawful for any person to disseminate or to cause the dissemination of any false, deceptive or misleading advertisement by Philippine mail or in commerce by print, radio, television, outdoor advertisement or other medium for the purpose of inducing or which is likely to induce directly or indirectly the purchase of consumer products or services.
An advertisement shall be false, deceptive or misleading if it is not in conformity with the provisions of this Act or if it is misleading in a material respect. In determining whether any advertisement is false, deceptive or misleading, there shall be taken into account, among other things, not only representations made or any combination thereof, but also the extent to which the advertisement fails to reveal material facts in the light of such representations, or materials with respect to consequences which may result from the use or application of consumer products or services to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual.
Looking closely, nowhere in the said provision comes close with the issue of secret advertising, and since there is no law prohibiting such act in our country, I would say it is not unlawful. In fact, when companies pitch these social media addresses, what they are really saying to listeners is to learn more about our products and services. This is tantamount to saying 'go to this website' or 'visit us at this address.' These are calls to action that any legitimate advertiser includes in their spots in order to generate a response. A social media such as Facebook is a unique brand identifier that that informs consumers how to directly connect to a particular brand. It's no different from a phone number or mailing address. Since mentioning a phone number or mailing address is not illegal, why would mentioning “Find us on Facebook,” or, “Follow us on Twitter” inappropriate, more so illegal?
I'M NOW FULFILL FINANCIALLY BECAUSE OF THE LOAN I GOT FROM LFDS .I would like to bring this to the notice of the public about how i came in contact with LFDS after i lost my job and being denied loan by my bank and other financial institution due to my credit score. I could not pay my children's fees. I was behind on bills, about to be thrown out of the house due to my inability to pay my rent, It was during this period my kids were taken from me by foster care. Then i set out to seek for funds online where i lost $3,670 that i borrowed from friends which i was rip off by two online loan companies. Until i read about:Le_Meridian Funding Service (lfdsloans@outlook.com / lfdsloans@lemeridianfds.com) somewhere on the internet, Still wasn't convince because of what i have been through until a relative of mine who is a clergy also told me about the ongoing loan scheme of LFDS at a very low interest rate of 1.9%% and lovely repayment terms without penalty for default of payment. I have no choice than to also contact them which i did through text +1-989-394-3740 and Mr Benjamin responded back to me That day was the I'M best and greatest day of my life which can never be forgotten when i receive a credit alert of $400,000.00 Usd loan amount i applied for. I utilized the loan effectively to pay up my debts and to start up a business and today i and my kids are so happy and fulfill. You can as well contact them through email: (lfdsloans@outlook.com / lfdsloans@lemeridianfds.com) WhatsApptext helpline: +1-989-394-3740 Why am i doing this? I am doing this to save as many that are in need of a loan not to be victim of scams on the internet. Thanks and God bless you all, I'm Oleksander Artem from Horizon Park BC , Ukrain.
TumugonBurahin