Xiaomi Investigated For Using Superlatives In Advertising, Now Illegal In China

An anonymous reader writes: Chinese smartphone maker Xiaomi is under investigation for using superlative messaging on its website, according to a leaked document from the Beijing Ministry of Industry and Commerce. A new Chinese law states that adjectives used to promote products must not mislead consumers. The Xiaomi investigation [Chinese] follows claims made by rival Cong that the company used phrases such as 'the best' and 'the most advanced', in its online campaigns and therefore violated the country's advertising law. (The law against suprelatives doesn't seem to apply to communications by the government, about the government.)

Comments

Everyone Is Guilty, Only Enemies Will Be Indicted

[eldavojohn]

Here is the full text of the newly amended law. Here is the WIPO listing the deltas with the older 1994 version of the law (click expand notes). It appears that this is the first change in this law since 1994. Also the WIPO provides a PDF of their English version which seems to be slightly different. I also found a definition of the extent of what is regulated advertising by the PRC. Here's the WIPO's full list of defined restrictions:

1) Overt or covert use of national flag, anthem or emblem of People’s Republic of China or military flag, anthem or emblem;
2) Overt or covert use of the name or image of national public institute or staff of national public institute;
3) Use of words such as “national-level”, “the most” and “the best”, among others;
4) Causing detriment to national dignity or interests, or disclosing national secrets;
5) Interfering with social stability, or causing detriment to social and public interests;
6) Harming personal or property safety, or disclosing privacy;
7) Interfering with social public order, or going against good social norm;
8) Containing obscene, pornographic, gambling, superstitious, terrifying, or violent content;
9) Containing discrimination based on nationality, race, religion, or gender;
10) Affecting protection of environment, natural resources or cultural heritage;
11) Other situations prohibited by laws and regulations.

Merely sounds like another tool for the Party to deal with companies that are not state owned. Most companies will be found guilty of some section of this but they won't be prosecuted until they run afoul of the Party. In China (and increasingly in the US) everyone is guilty of something but only those that the state wants to be prosecuted will be prosecuted.

So looking at the story, we have a new law enacted a month ago and whose head is on the chopping block today? Xiaomi? Well from wikipedia:

Xiaomi Inc. is a privately owned Chinese electronics company headquartered in Beijing, China, that is the world's 4th[4] largest smartphone maker. Xiaomi designs, develops, and sells smartphones, mobile apps, and related consumer electronics.[5]

Aaaaaand there's your problem. Wake me up when a state owned company is prosecuted under these new laws. Xiaomi's true crime was probably doing better than Huawei.

Re:Nazis didn't like them either

[Nrrqshrr]

The Nazis did a lot of things wrong, but they also did many things right. Their wrongs shouldn't keep us from learning from their rights.

Sticking it to the man back in the mainland.

[Snufu]

Now I understand why every Chinese American store and/or product is named 'Super Happy Best for Lucky Joyful Times'.

Three classes.

[Mal-2]

There are three classes of business in China.
1. State-sponsored or owned businesses. Short of a scandal like the melamine dog food one, they can get away with practically anything. No foreign interest can hold them accountable.
2. State-sanctioned businesses. They've paid off the right people to look the other way, but if scrutiny becomes too great, they'll be thrown under the bus -- but only after high-ranking officials cash out, of course.
3. Everyone else. They have to play on a field with Calvinball rules and moving goalposts.

Sometimes joint ventures with foreign companies can make their way into class 2. Often they're allowed to languish in Class 3, especially if they're exporting everything they make.