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被国内职业打假人和法律界高度关注的、全国首例电视台因发布虚假医药广告被检察院指控构成虚假广告罪案,6月中旬在重庆市万州区人民法院开庭审理,目前尚未判决。据悉,作为媒体机构,从单位到执行部门、个人,因播放虚假广告一律被控有罪甚至求刑,该案已在全国创造了多项“第一”。没有惩罚的公平,就没有法律的正义。这些年,关于电视广告的禁令层出不穷。譬如早在2007年,国家工商总局和广电总局就曾联合宣布所有广播电视机构暂停播出药品、医疗器械、丰胸、减肥、增高5类电视购物广告。但遗憾的是,层出不穷的禁令不仅未能管住电视台的虚假广告,甚至也不能让电视台产生警醒。
By the domestic professional anti-counterfeiting and legal community attention, the country’s first television station because of the publication of false medical advertisements prosecutors accused of false advertising crimes, mid-June in Chongqing Wanzhou District People’s Court hearing, there is no verdict. It is reported that as a media agency, units and executive departments and individuals have been accused of guilty or even seeking punishment for playing false advertisements. This case has already created many “firsts” across the country. Without justice, there is no legal justice. In recent years, the ban on television commercials has been on the rise. For example, as early as 2007, SAIC and SARFT jointly announced that all radio and television agencies should suspend the broadcasting of medicines, medical devices, breast augmentation, weight loss and increase of 5 categories of TV shopping advertisements. Regrettably, however, endless bans have not only failed to keep up with the false advertisements of television stations, they have not even alerted television stations.