The research is advertising sphere in the People�s Republic of China, Taiwan and Hong Kong

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Content

Introduction

I. Institutional Regulation of Advertising Sphere in the PRC, Taiwan and Hong Kong

1.1 Authorities and Legislation Regulating Advertising Sphere in the PRC

1.2 Authorities and Legislation Regulating Advertising Sphere in Taiwan

1.3 Authorities and Legislation Regulating Advertising Sphere in Hong Kong

II. Social-cultural Analysis of TV commercial advertising in the PRC, Hong Kong and Taiwan

Conclusion

Reference List

Introduction

This work is dedicated to the researching of functioning and specific features of TV advertising in China, Hong Kong and Taiwan. The relevance of this research is that advertising sphere in China is unique due to its strong relationships with the government, which regulates advertising content to a rather high degree. The state uses advertising as a means of implementing its political and cultural strategies, which, in turn, are based on traditional values. Thus, at the 1^st International Conference on Advertising in the Ministry of Commerce of the PRC, the criteria for the content of advertising were proposed, according to which advertising must be "political" and "ideological", i.e. correspond to the political and ideological course of the country Ulianova M. U. Culture and Tradition in the System of Modern Mass Communication of the PRC at the beginning of XXI century (in an analysis of advertisement texts in 2005-2008): the thesis�of Candidate of Philological Sciences // Moscow, 2014. - P. 38. According to the Advertising Law of the PRC accepted in 1995, advertising should promote the development of a national country Advertising Law of the People's Republic of China (2015) (English) (English) // Web-site of HFG Law & Intellectual Property URL: https://www.hfgip.com/sites/default/files/law/advertising_law_16.02.2016.pdf (reference date: 24.12.2017). In other words, advertising sphere of China is one of the ways to implement cultural strategies, thereby expanding its main role and using it not only for attracting consumers in order to sell goods and services, but also as propaganda for various aspects of the people's traditions and culture through the media. In this connection, the second feature of the advertising sphere in the PRC is also revealed: its fulfillment with elements of Chinese culture.

At the same time, some regions of China, for example, special administrative regions, develop and act independently, and their advertising institutes also develop in other ways. In the scope of this thesis two such regions were considered - Hong Kong and Taiwan.

Hong Kong experienced a great influence of Britain being leased for 99 years by it since June 9, 1898. Since that Hong Kong became a center of Chinese emigration, as they preferred to live under the foreign flag: the population of the region was 32,983 (95% of Chinese) in 1851 and rose till 878,947 (97.8% of Chinese) in 1931. Though the relations with mainland China were very tight, especially in trade sphere, the nominated executive and legislative councils were set by Britain Hong Kong Year Book 2016. Chapter 22. // Official web-site of the Government of Hong Kong URL: https://www.yearbook.gov.hk/2016/en/pdf/E22.pdf (reference date: 15.03.2018).

During World War II Hong Kong was invaded by the Japanese. December 8, 1941 Japanese armed forces attacked Hong Kong and pushed the British from the New Territories and Kowloon. The Japanese occupation lasted for three years and eight months till Japan surrender in August 15, 1945 Ibid..

The leasing of Hong Kong by Brian ceased in 1997 as according to the convention provisions. This event was preceded by the long negotiations between China and Britain, which singed the Sino-British Joint Declaration on the Question of Hong Kong on December 19, 1984. According to the Joint Declaration the PRC must implement the basic policies regarding Hong Kong, particularly, establish a Hong Kong Special Administrative Region Ibid..

The Hong Kong Special Administrative Region was promulgated on July 1, 1997. The HKSAR used a special law - a constitutional document - full named the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which took effect since the promulgation of the region. This Basic Law prescribes to follow the main principle - `one country, two systems' (һ������), according to which Hong Kong is given `a high degree of autonomy'. Moreover, the Basic Law that the socialist system and policies shall not be practised in the HKSAR, and that the previous capitalist system and way of life shall remain unchanged for 50 years Ibid. .

Taiwan in its historical development also experienced the influence of many nations. As Mr. Albert Eleanor noticed, Taiwan has a rich �history full of invasion, occupation, colonization, refuge, and intermarriage�. Eleanor A. China-Taiwan Relations// Council on Foreign Relations. - December 7, 2016. URL: http://www.cfr.org/china/china-taiwan-relations/p9223 Indigenous people of the island also influenced Taiwanese culture and traditions deeply - they brought into Taiwanese culture a series of customs, for example, the Harvest Festival, the Worship of Hunting, different spiritual rituals, etc Ibid..

The Japanese influence also left its traces in the development of Taiwan. The island, as Hong Kong, was also occupied by the Japanese forces during World War II. Though Japan mainly used Taiwan as a supplier of rice and sugar, it still made some profit to the infrastructural development of the island, particularly in the rural one, as the invaders invested a lot into irrigation works and land reclamation. They also developed agriculture, railroads, cooperatives, etc. For this reason, when Japan left Taiwan in 1945 due to the defense in the World War II, the island had a beneficial infrastructural basis both for agricultural and infrastructural development Pecotich A., Shultz C.J. Handbook of Markets and Economies: East Asia, Southeast Asia, Australia, New Zealand // New York: M.E. Sharpe, 2006. P. 343. .

After the end of Japanese invasion in 1945 the island became a part of Mainland China again. However, in 1949 Kuomintang (����) placed its government here, promulgated the Republic of China and started to rule the island separately and independently from the PRC, setting democratically elected government, managed institutions and even Constitution. This is the point where the specificity of Taiwan reveals itself, as Mainland China does not recognize the island as a separate state and consider it as its part - just another province in the South of the PRC. The rest of the world support the position of Mainland China and only 23 states recognized Taiwan statehood. If the PRC implements `one country, two systems' policy towards Hong Kong, meaning that Hong Kong is a part of China but can cat autonomously, then in case of Taiwan it uses `One China' (һ���й�) policy emphasizing that Taiwan is its inseparable part Eleanor A. Op. cit..

Summing up, it can be seen, that though formally Hong Kong and Taiwan are considered to be the parts of China, practically they established their own governmental institutes and act far beyond the socialist system being market-oriented economies. Of course, this situation has also influenced the advertising markets of two regions as competitive laws and institutes regarding advertising sphere in mainland China are not applicable neither in Taiwan nor in Hong Kong.

For this reason, a special interest of this work is to learn how advertising markets work in the PRC, Hong Kong and Taiwan, reveal the main differences between them and see if TV commercial in Hong Kong and Taiwan includes any social and cultural elements, and if any - understand for which purpose they are used.

The object of the research is advertising sphere in the People's Republic of China, Taiwan and Hong Kong.

The subject of the research of modern TV-commercial in these three regions and social-cultural aspects used in it specifying their function in advertising sphere.

The research is consist of two main parts: the first chapter introduces to the main institutes and legislation regulating the advertising markets in three regions and the second one is dedicated to the analysis of TV commercial of the PRC, Taiwan and Hong Kong.

The problem of advertising sphere in Asia, and particularly in these three regions, was explored by many specialists, both Western and Eastern. Different researches on Chinese advertising were made Gao Zhihong. Mr. Gao's professional interests are Chinese advertising, cross-cultural advertising and international advertising strategy. In 2003 he got his PhD in Philosophy and now is Professor of Marketing Department in Rider University, New Jersey, USA. His most significant works are �The Priming Effect of News Context on Chinese Attitudes toward Foreign Brands� Gao Z., Li N. The Priming Effect of News Context on Chinese Attitudes toward Foreign Brands // Journal of Asia-Pacific Business. - 2013. - No 14 (4). - pp. 268-286., �An In?depth Examination of China's Advertising Regulation System� Gao Z. An In?depth Examination of China's Advertising Regulation System // Asia Pacific Journal of Marketing and Logistics. - 2007. - Vol. 19, Issue: 3. - pp. 307-323., �Regulation of Soft Issues in Advertising in Confucian Societies: a Comparative Examination Gao Z., Kim J.H. Regulation of Soft Issues in Advertising in Confucian Societies: a Comparative Examination // Asia Pacific Journal of Marketing and Logistics - 2009. - Vol. 21, Issue: 1. - pp.76-92.�, etc.

The comparison of legislation system of three regions was made by him in the article named �Harmonious Regional Advertising Regulation?: A Comparative Examination of Government Advertising Regulation in China, Hong Kong, and Taiwan� Gao Z. Harmonious Regional Advertising Regulation?: A Comparative Examination of Government Advertising Regulation in China, Hong Kong, and Taiwan // Journal of Advertising. - 2005. - Vol. 34, No. 3 - pp. 75-87. The author also relies on the idea that though economic and cultural ties between these regions are very tight they have been facing the different trajectrories of the development for the last 150 years. For this reason, their advertising regulations share some commonalities and at the same time differs considerably. Hong Kong and Taiwan are Chinese ethnically and use written Chinese, but they are democratic societies with a free market economy, while the Chinese market is less democratic due to a great influence of socialist legacy. This situation also reflects on the regulation of advertising markets Ibid..

However, the author does not try to learn how the specific features of the regulation of advertising markets in these three regions influences advertising itself practically. He does not made the analysis of advertising content to reveal the reflections of advertising regulation.

Another important expert in the related sphere is Ms. Laura Wen-yu, her specialization is Chinese law, and one of her articles is dedicated to Taiwanese advertising legislation. Laura Wen-yu Young was born in San Francisco got her education at UC Berkeley, where she also received Juris Doctor. She worked in San-Francisco and Taipei and was admitted in California and to the Federal District Court, Northern District of California in 1988. Ms. Young presented many lectures for many universities all over the world and is an author of numerous articles on Chinese law and business.

The article �Advertising in Taiwan� by Ms. Young was first published in World Trade Press journal �A to Z World Business� Young L.W. Advertising in Taiwan // World Trade Press �A to Z World Business. - February 2013. in February 2013. This article is an attempt of the author to show structure of advertising legislation in Taiwan. The author mentions all the relevant laws, regulations, governmental authorities and bodies, providing their short descriptions and functions. However, this article is more descriptive and Ms. Young does not show her position or evaluation of the provided structure, not speaking about its comparison with the legislation and regulation systems of Hong Kong or China. For this reason, the article only contains a brief summary of laws and regulations applicable in the advertising sphere of Taiwan.

When speaking about social and cultural development of Chinese advertising it would be hard not to mention the work by Russian Ms. Maria Ulianova. Mariya Ulianova graduated from the Faculty of Human and Social Studies, Peoples' Friendship University of Russia. In 2014 she got her PhD in journalism, and her research was about advertising in China. She is also an author of numerous articles and monographs dedicated to the related sphere.

The thesis of Mariya Ulianova �Culture and traditions in the system of modern mass communication of PRC in the beginning of XXI century� Ulianova M.U. Op. cit. is devoted to the examination of culture components used in graphic advertising. She claims that in China advertising is one of methods to release culture strategies which based on traditions, so advertising content contains many social and cultural elements.

However, the work of Ulianova has a set of limitations. First of all, she does not concern commercial advertising - a huge part of advertising sphere. She made a deep research on social and cultural elements, but she does not provide any information about which part of the content these aspects take. Moreover, Ms. Ulianova in her work does not go deeper in details concerning social aspects themselves: what kinds of traditional and cultural components are used exactly, which forms of representation, visualization and interpretation they have; which groups of advertising could be marked due to the components contained in it - these are all the questions that remain unreplied in her work. She also does not compare Chinese advertising with Hong Kong and Taiwanese ones.

One of the first works about using social and cultural elements in Chinese advertising was the research by Kara Cheng, the results of which were published in 2003. This research highlighted the main topics of China's public service advertising, and concluded that its goal is to build a socialist ideology Chan Kara, Cheng Hong One country, two systems. Cultural values reflected in Chinese and Hong Kong commercials // Gazette: The international journal for communication studies. - London, 2003.. Carolyn Lin compares commercial advertising in the US and China in her research and comes to the conclusion that despite the westernization of Chinese advertising, the role of social and cultural components in it is still high Lin Carolyn A. Cultural values reflected in Chinese and American advertising // Journal of Advertising. - 2001. - Vol. 30, No. 4. - pp. 83-94.. At the same time, Zixu Liu, studying the basic elements of television advertising (ways of functioning of the advertising institution, its content and target audience), highlights the main difference between advertising in the PRC and the West one: its strong relationship with the state Liu Zixu Political economy of Chinese television advertising // University of Massachusetts, 2009.. Researchers Lee Simmons and Robert Schindler in their work write that the use of cultural symbols in advertising is associated primarily with the high degree of superstitious nature of the Chinese Simmons Lee C. and Schindler Robert M. Cultural Superstitions and the Price Endings Used in Chinese Advertising // Journal of International Marketing. - 2003. - Vol. 11, No. 2, Special Issue on Marketing in Transitional Economies. - pp. 101-111.. The work by the Chinese researcher Wang Yanyan also should be mentioned: in the article �Using cultural elements in advertising� the author specifies the purposes of their using Wang Yanyan Zhongguo yuansu zai guanggao zhong de yingyong (Using cultural elements in advertising) // Zhongguo guanggao ren (The web-site of Chinese advertising agencies). - 2013. URL: http://www.chinaadren.com/html/file/2013-8-16/2013816130805.html (reference date: 05.04.2018).

�Brief History of Public Service Advertising in China� under the editorship by Liu Xingxing helps to trace the development of this type of advertising in the region Zhongguo gongyi guanggao xiaoshi (Brief History of Public Service Advertising in China) // under the editorship by Liu Xingxing // Zhongguo wenming wang (Official web-site of Propaganda Department of Central Committee) URL: http://www.wenming.cn/wmwmobile/zt/201311/t20131120_1592021.shtml (reference date: 05.09.2017).

The following books and articles provide with historical, political and economical background of Taiwan, Hong Kong and China: an article �China-Taiwan Relations� by Eleanor Albert (2016) Eleanor A. Op. cit. , a book �Handbook of Markets and Economies: East Asia, Southeast Asia, Australia, New Zealand� by Anthony Pecotich Pecotich A., Shultz C.J. Op. cit. (2006), �Hong Kong Yearbook� (������) Hong Kong Year Book 2016. // URL: https://www.yearbook.gov.hk/2016/en/pdf/E22.pdf (reference date: 15.03.2018) published by the Government of Hong Kong (�������).

For some statistical data about the current situation and further perceptions of advertising markets in China, Hong Kong and Taiwan the following articles and reports were applied: an article �57% of China's Ad Spend Will Go to the Internet This Year� by Angela Doland Donald A. 57% of China's Ad Spend Will Go to the Internet This Year // Ad Age Electronic Journal. - May, 2017. URL: http://adage.com/article/digital/57-china-s-ad-spending-internet-year/309046/ (reference date: 01.04.2018) published on Ad Age Electronic Journal in May 2017; an article �Hong Kong's online ad spend expected to double TV's within five years� by Josh Ye published in South China Morning Post on September 6, 2017; Ye J. Hong Kong's online ad spend expected to double TV's within five years // Inside Journal. - September 6, 2017. URL: http://www.scmp.com/business/companies/article/2110042/hong-kongs-online-ad-spend-expected-double-tvs-within-five-years (reference date: 28.03.2018) an article of Inside Journal �DMA Report: the Volume of Digital Advertising Grew for 19,6%, the Volume of Mobile Advertsing Grew for 115,4%� DMA baogao: 2015 Taiwan shuwei guanggaoliang chengzhang 19.6%, xingdong guanggao chengzhang 115.4% (DMA Report: the Volume of Digital Advertising Grew for 19.6%, the Volume of Mobile Advertsing Grew for 115.4%) // Inside Journal. - 2016. URL: https://www.inside.com.tw/2016/04/29/taiwans-digital-ad-revenues .

The main primary sources which provides the basis for this research are the life air of three TV channels - CCTV 1 (China) Official web-site of CCTV 1 Channel // URL: http://tv.cctv.com/cctv1/ (reference date: 16.01.2018), ViuTV (Hong Kong) Official web-site of ViuTV Channel // URL: https://viu.tv/ (reference date: 16.01.2018) and DaAi TV (Taiwan) Official web-site of DaAi TV Channel // URL: http://www.daai.tv/ (reference date: 16.01.2018). For the deeper analysis of advertising content of the mentioned channels different reports were used, for example, the report on the prices for advertising placement on CCTV 1 2018 nian CCTV-1 jiemu ji guanggao jiage (Prices of TV programs and advertisements on CCTV-1 Channel for 2018) // ���� CCTV URL: http://1118.cctv.com/3/01/index.shtml (reference date: 16.01.2018) and Program Highlights for March/April by ViuTV Program Highlights for March/April // Official web-site of ViuTV Channel URL: https://viutv-cms.s3.amazonaws.com/shteqUEQ98UXusBZ.pdf(reference date: 16.01.2018), where advertising price is also specified.

Many primary sources were used for the analysis of advertising legislation and regulative authorities. For China the main regulating �Advertising Law� both in English Advertising Law of the People's Republic of China (2015) (English) �URL: https://www.hfgip.com/sites/default/files/law/advertising_law_16.02.2016.pdf (reference date: 24.12.2017) and Chinese Zhonghua renmin gongheguo guanggaofa (Advertising Law of the People's Republic of China) // Quanguo renmen daibiaohui (Official web-site of the National People's Congress (NPC) of the People's Republic of China) URL: http://www.npc.gov.cn/npc/cwhhy/12jcwh/2015-04/25/content_1934594.htm (reference date: 1.03.2018.) and the official web-site of the main regulating body -State Administration of Radio and Television Guojia guangbo dianshi zongju (Official web-site of State Administration of Radio and Television) // URL: http://www.sapprft.gov.cn/ reference date: 1.03.2018.) - were examined. For the analysis of Hong Kong relevant legislation the following laws and regulations were revised: Trade Description Ordinance (��Ʒ�f���l��) (Chapter 362 of the Laws of Hong Kong) Shangpin shuoming tiaoli (Trade Description Ordinance) // Dianziban Xianggang fali (Hong Kong e-Legislation) URL: https://www.elegislation.gov.hk/hk/cap362?_lang=zh-Hant-HK (reference date: 24.12.2017), the Generic Code of Practice on Television Advertising Standards (�ҕͨ�ØI���؄t) Dianshi tongyong yewu shouze (the Generic Code of Practice on Television Advertising Standards) // Tongxun shiwu guanliju (Official web-site of Communications Authority) URL: https://www.coms-auth.hk/filemanager/common/policies_regulations/cop/code_tvprog_c.pdf , Broadcasting Ordinance (�V���l��) Guangbo tiaoli (Broadcasting Ordinance) // Dianziban Xianggang fali (Hong Kong e-Legislation) URL: https://www.elegislation.gov.hk/hk/cap562!zh-Hant-HK (reference date: 24.12.2017), Trade Marks Ordinance (�̘˗l��) Shangbiao tiaoli (Trade Marks Ordinance) // Dianziban Xianggang fali (Hong Kong e-Legislation) URL: https://www.elegislation.gov.hk/hk/cap559?xpid=ID_1438403443195_001 (reference date: 27.02.2018), Consumer Council Ordinance (���M��ί�T���l��) Xiaofeizhe weiyuanhui tiaoli (Consumer Council Ordinance) // Dianziban Xianggang fali (Hong Kong e-Legislation) URL: https://www.elegislation.gov.hk/hk/cap216?xpid=ID_1438402841958_002 (reference date: 05.03.2018), Undesirable Medical Advertisements Ordinance (�����V��(�tˎ)�l��) Buliang guanggao (yiliao) tiaoli (Undesirable Medical Advertisements Ordinance) // Dianziban Xianggang fali (Hong Kong e-Legislation) URL: https://www.elegislation.gov.hk/hk/cap231!en-sc (reference date: 05.03.2018). Most of these regulations are published on Hong Kong e-Legislation (HKeL) (��Ӱ���۷���) - an electronic database of Hong Kong legislation established under section 3 of the Legislation Publication Ordinance (Cap. 614). It is maintained by the Department of Justice. HKeL provides current and past versions of consolidated legislation. Moreover, the following relevant authorities were checked: Customs and Excise Department (��ۺ��P) Xianggang haiguan (Official web-site of Customs and Excise Department) // URL: https://www.customs.gov.hk/sc/home/index.html (reference date: 27.02.2018), Communications Authority (ͨӍ�„չ�����) Tongxun shiwu guanliji (Official web-site of Communications Authority) // URL: https://www.coms-auth.hk/sc/home/index.html (reference date: 02.03.2018), Consumer Council (���M��ί�T��) Xiaofeizhe weiyuanhui (Official web-site of Consumer Council) // URL: https://www.consumer.org.hk/ (reference date: 02.03.2018).

For making analysis of advertising regulation in Taiwan some laws and regulations were also analyzed, such as Fair Trade Law (��ƽ���׷�) Fair Trade Law // Fair Trade Commission URL: https://www.ftc.gov.tw/internet/english/doc/docDetail.aspx?uid=1295&docid=13970 (reference date: 02.02.2018), Radio and Television Law (�V���ҕ��) Guangbo dianshifa (Radio and Television Law) // Quanguo fagui ziliaoku (Laws & Regulations Database of The Republic of China) URL: http://law.moj.gov.tw/LawClass/LawAll.aspx?PCode=P0050001 (reference date: 17.01.2018), Cable Radio and Television Act (�о��V���ҕ��) Youxian guangbo dianshifa (Cable Radio and Television Act) // // Quanguo fagui ziliaoku (Laws & Regulations Database of The Republic of China) URL: https://law.moj.gov.tw/LawClass/LawContent.aspx?PCODE=P0050008 (reference date: 17.01.2018), The Production and Transmission Standards for Cable Radio and Television Advertisements (�о��V���ҕ�V���u���˜�) Youxian guangbo dianshi guanggao zhibo biaozhun (The Production and Transmission Standards for Cable Radio and Television Advertisements) // Quanguo fagui ziliaoku (Laws & Regulations Database of The Republic of China) URL: https://law.moj.gov.tw/LawClass/LawContent.aspx?PCODE=P0050011 (reference date: 19.01.2018) and Regulations for the Methods of Broadcasting Advertisements and the Distribution of the Number of Advertisements of Radio and Television Businesses (�V���ҕ�V�沥�ͷ�ʽ�c���������k��) Guangbo dianshi guanggao bosong fangshi yu shuliang fenpei banfa (Regulations for the Methods of Broadcasting Advertisements and the Distribution of the Number of Advertisements of Radio and Television Businesses) // Quanguo fagui ziliaoku (Laws & Regulations Database of The Republic of China) URL: https://law.moj.gov.tw/LawClass/LawContent.aspx?PCODE=P0050057 (reference date: 19.01.2018) adopted by National Communications Commission (����ͨӍ����ί�T��), Act Governing Food Safety and Sanitation Shipin anquan weisheng guanlifa (Act Governing Food Safety and Sanitation) // Quanguo fagui ziliaoku (Laws & Regulations Database of The Republic of China) URL: http://law.moj.gov.tw/LawClass/LawContent.aspx?PCODE=L0040001 (reference date: 19.01.2018) (ʳƷ��ȫ�l��������), Statute for Control of Cosmetic Hygiene (����Ʒ�l������l��) Huazhuangpin weisheng guanli tiaoli (Statute for Control of Cosmetic Hygiene) // Quanguo fagui ziliaoku (Laws & Regulations Database of The Republic of China) URL: http://law.moj.gov.tw/LawClass/LawAll.aspx?PCode=L0030013 (reference date: 06.01.2018), Pharmaceutical Affairs Act (ˎ�·�) Yaoshifa (Pharmaceutical Affairs Act) // Quanguo fagui ziliaoku (Laws & Regulations Database of The Republic of China) URL: https://law.moj.gov.tw/LawClass/LawAll.aspx?PCode=L0030001 (reference date: 26.03.2018) under the Ministry of Health. The official web-sites of the relevant authorities were used: the National Communication Commission (����ͨӍ����ί�T��) . Guojia tongxun chuanbo weiyuanhui (Official web-site of the National Communication Commission) // URL: http://www.ncc.gov.tw/english/content.aspx?site_content_sn=284 (reference date: 15.03.2018), the Fair Trade Commission (��ƽ����ί�T��) . Gongpin jiaoyi weiyuanhui (Official web-site of the Fair Trade Commission) // URL:http://www.ftc.gov.tw/internet/english/doc/docDetail.aspx?uid=198&docid=12193 (reference date: 15.03.2018), Food and Drug Administration of Ministry of Health and Welfare under the Executive Yuan (�������l����ʳƷˎ�������) . Xingzhengfu weishengshu shipin yaowu guanliju (Official web-site of the Food and Drug Administration of Ministry of Health and Welfare) // URL: http://www.fda.gov.tw/TC/index.aspx (reference date: 10.03.2018)

.

The aim of the research is to determine how Hong Kong and Taiwan advertising institutes differ from the Chinese one, especially on social and cultural level, through the example of TV commercial.

The following research tasks are needed to be carry out to accomplish this aim successfully:

- to analyze the mail legislation regulating advertising sphere in these regions and reveal the differences between them;

- to find out which institutes regulate advertising sphere in the PRC, Hong Kong and Taiwan;

- to analyze the actual advertising content on TV channels of the PRC, Hong Kong and China and to figure out what type of advertising dominates in the content;

- to see whether social and cultural elements are used in TV commercial of Hong Kong and Taiwan, and for what purpose they are used, if any;

- to make a classification of commercial videos and social and cultural elements used in them.

Methodological framework of the research is based on the ideas of Mr. Jean J. Boddewyn, Emeritus Professor of Marketing and International Business in the Zicklin School of Business of Baruch College, City University of New York. His research interests concentrate on the regulation and self-regulation of advertising around the world. His concept �social concept of advertising regulation� means that advertising regulation reflects its social environment, i.e. is determined by those factors like culture, religion, legal tradition and economy Boddewyn Jean J. Advertising Regulation in the 1980s: the Underlying Global Forces // Journal of Marketing. -1982. - 46(1). - pp. 27-35..

Mr. Ross P. Petty, Assistant Professor of Business Law at Babson College, proposed to split advertising regulation into four main groups: international, regional, national and local. National and local legislation forms the main disparities between international advertising markets, while international and regional one tries to standardize them Petty Ross P. The Law of Misleading Advertising: An Examination of the Difference Between Common and Civil Law Countries // International Journal of Advertising. - 1996. - No 15. - pp. 33-47..

Another methodological concept implemented in this research is a concept of �sort power�. As it was already mentioned, one of the features of advertising in the PRC is its double function, which consists not only in the sale of goods and services, but also in the expansion of socio-cultural values. This phenomenon is due to the fact that the state controls the sphere of advertising, regulating its content structure, i.e. it uses advertising as a means of propaganda, thereby realizing its ideological and political goals, based on the policy of "soft power�.

The concept of "soft power" was first introduced by Joseph Nye. This concept refers to the achievement of certain objectives of the states on the basis of a voluntary participation of the allies, it does not involve the use of military and economic potential for coercion in order to achieve the desired goals. "Soft power" includes different components, such as the developed strategy for the development of a certain state; the development of a certain ideology and value orientations, on which the state will rely in its further development; the attractiveness of the culture of the state and its influence in the international arena Nye J. Soft Power: The Means to Success in World Politics // Public Affairs Group. - New York, 2004..

For implementing the aforementioned tasks the following methods were used:

1) Content-analysis - in order to analyze the advertising content broadcasted in prime-time on TV channels of three regions - China, Hong Kong and Taiwan and to determine which social-cultural aspects, if any, are used in commercial videos and to count their content percentage;

3) Classification method - in order to make a classification of these videos;

4) Structural-typological method - in order to determine which types of advertising are broadcasted on TV air.

Chapter I. Institutional Regulation of Advertising Sphere in the PRC, Taiwan and Hong Kong

Before going directly to the socio-cultural analysis of the content of modern television advertising in China, Hong Kong and Taiwan, it is necessary to understand how the advertising markets in these regions function in general, how and by whom they are regulated, what kind of role the state assigns to the advertising sphere. Thus, the main trends and features of the market development can be identified, the main differences and similarities between these three advertising markets can be found.

1.1 Authorities and Legislation Regulating Advertising Sphere in the PRC

Chinese advertising market grew by 4.3% in 2017 after two years' consecutive decline. However, 57% of all China's ad expenditures were taken by online advertising in 2017, compared to 19.4% five years ago. At the same time, TV advertising sector made up 31.4% of expenditures. Advertising expenditures on traditional TV dropped by 5.2% this year, after dipping an estimated 4.9% in 2016. Nevertheless, Ad spend on CCTV channels was up 5% in 2017, after growing 5.3% last year Donald A. Op. cit..

Administrative, regulatory and standartization functions in the field of advertising are performed by the bodies that exercise powers in accordance with the territorial division of the PRC: for example, the work of media surveillance, including advertising sector, is carried out all over the country by the PRC State Administration of Radio and Television (���ҹ㲥�����ܾ�) under the State Council of the People's Republic of China. Its main functions are promoting political course, create political measures on TV and radio administration and encouraging their implementation, centralized planning of TV and radio activities, centralized developing of the industry, exercising control and surveillance, responsibility for broadcasting of programs on TV and radio air, promoting TV and radio programs for export Official web-site of State Administration of Radio and Television // URL: http://www.sapprft.gov.cn/.

Another regulating body, according to Advertising Law, is the Department for Industry and Commerce of the State Council (Advertising Law of the PRC, Article 6), and local administrative departments for industry and commerce perform such functions on the county level. The functions of this are the following: �1) conducting an on-site inspection of a place suspected of any illegal advertising activity; 2) interviewing a party suspected of any violation of law or the legal representative, primary person in charge, and other relevant persons of the party and investigating the relevant entities or individuals. 3) requiring a party suspected of any violation of law to provide the relevant certification documents during a specified period. 4) consulting or duplicating the contracts, negotiable instruments, account books, works of advertising, and other relevant materials related to the advertisement suspected of any violation of law. 5) seizing or impounding the advertising items, the tools and equipment used for operations, and other property directly related to the advertisement suspected of any violation of law. 6) ordering the suspension of publishing an advertisement which is suspected of any violation of law and may has any serious consequence. 7) other powers as set out by laws and administrative regulations� (Article 49) Advertising Law of China // Web-site of HFG Law & Intellectual Property URL: https://www.hfgip.com/sites/default/files/law/advertising_law_16.02.2016.pdf.

Furthermore, a special role in control over advertising activities is assigned to Consumers' associations and other consumer organizations, which in accordance with the law, conduct social supervision against the publishing of false advertisements to damage consumers' lawful rights and interests (Article 54) Ibid..

At the same time, the government publically encourages the usage of different social and cultural elements by adopting different concepts. Chinese social and cultural elements, or Chinese elements, used in different kinds of advertising are called Zhongguo Yuansu (�й�Ԫ��) and this concept is applied in various regulations and documents. This concept was first used in 2004 when the Chairman of the Board of Directors of Shanghai creative agency Meikao Mr. Gao Jun first introduced the concept of Zhongguo Yuansu at the agency's internal meeting, and in 2005 at the 12th Chinese Advertising Festival Zhongguo Yuansu was recognized as the main theme and the main concept of the 13th Advertising Festival in 2006. Chinese elements can be divided into three parts: 1) originally belonged to China (for example, territory, peoples living on it, climate, etc.); 2) elements of traditional Chinese culture; 3) modern achievements of Chinese culture (this kind includes the heritage of Beijing Summer Olympic Games 2008, Chinese achievements in space exploration, features of Chinese cinema, support of famous domestic producers, etc.) Zhongguo yuansu (Chinese social and cultural elements) // Baidu Baike URL: http://baike.baidu.com/view/524057.htm (reference date: 05.04.2018) .

Dr. Wang Yanyan of Xiamen University, in her work identifies three main reasons for using elements of Chinese culture Zhonguo Yuansu in Chinese advertising: 1) Zhonguo Yuansu are a good material for making creative advertising; she notes that the level of Chinese advertising is low enough, it is often created according to Western models, and its content is vulgar and banal. Using Zhonguo Yuansu makes advertising original, and through the usage of cultural symbols it is possible to attract consumers' attention; 2) using of Chinese cultural elements in advertising helps Western producers to become closer to local consumers, integrate into the society and quickly enter Chinese market; 3) Zhonguo Yuansu help to create advertising with national specifics, which differs from the Western one, and allows not only copying Western models, but also making its own unique advertising Wang Yanyan Op. cit. // URL: http://www.chinaadren.com/html/file/2013-8-16/2013816130805.html .

Compliance of advertising content to the requirements of social and cultural strategies is also regulated by Advertising Law of the People's Republic of China, which came into force in 1995, and was amended in 2015 Advertising Law of China // Web-site of HFG Law & Intellectual Property URL: https://www.hfgip.com/sites/default/files/law/advertising_law_16.02.2016.pdf.

The law claims that �the contents of advertisements shall be expressed in a true, lawful, and healthy manners, and conform to the requirements of the construction of socialist spiritual civilization and the development of the fine traditional cultures of the Chinese nation� (Article 3) Ibid., it �shall not have any false or misleading content or defraud or mislead consumers� (Article 4) Ibid.. Article 9 of the law regulates the items prohibited for advertising, they include using, or �using in a disguised form, the national flag, national anthem, national emblem, military flag, military song, or military emblem of the People's Republic of China; using, or using in a disguised form, the name or image of any state authority or its staff member; using �national,� �highest,� �best,� or similar comparative words; damaging the dignity or interest of the state or divulging any state secret; disturbing social stability or damaging the public interest; damaging personal or property safety or divulging individual privacy; disturbing the public order or departing from a good social climate; containing any obscene, pornographic, gambling, superstitious, horrible, or violent content; containing any ethnically, racially, religiously, or sexually discriminatory content; impeding the protection of environment, natural resources, or cultural heritages; or falling under any other circumstances as set out by any law or administrative regulation Ibid..

The amendments to Advertising Law, made in 2015, more clearly defined the criteria for false advertising, in particular, increased the responsibility for disseminating false information about food and medical products; tightened restrictions on tobacco advertising; increased the fine to 3 thousand yuan for sending spam messages; regulated the procedure for inviting celebrities to advertise a particular product - now, before advertising a certain product, they are obliged to try it themselves; promotion of breastfeeding advertising and advertising of products for artificial feeding is prohibited in public places and transport; increased the responsibility of the media and all departments regulating the advertising field for the publication of advertisements; standards were developed to regulate Internet advertising Advertising Law of China // Web-site of HFG Law & Intellectual Property URL: https://www.hfgip.com/sites/default/files/law/advertising_law_16.02.2016.pdf.

Thus, according to the aforementioned articles of Advertising Law, both commercial and public service advertising have similar functions in some aspects, therefore the use of any information in commercial advertising that positively influences the sociocultural behavior of people in society is unlimited and, moreover, not prohibited.

Nevertheless, public service advertising takes a significant part of television advertising. Public service advertising in Chinese it is defined as ���� ��� (gong'yi guangao) - "advertising for the public good", "socially useful advertising". The Chinese government places a great importance on it: in accordance with the normative act of 2006, public service advertising should be at least 3% of the total number of daily broadcasted advertising on different television channels Gongdian zongju guanyu gongbu �Quanguo youxu gongyi guanggao tuijian bofan mulu (dierpi) de tongzhi (State Administration of Radio and Television announced �List of the Best Public Service Advertising of the PRC recommended for broadcasting (2d Edition)� // Zhonghua renmin gongheguo Zhongyang renmin zhengfu (Official web-site of the Government of the PRC) URL: http://www.gov.cn/zwgk/2006-12/28/content_482203.htm (reference date: 05.04.2018).

Public service advertising in China gained its present appearance in the 80's, with the beginning of reforms and openness, when its main themes were the formation and construction of spiritual culture. On TV public service advertising first appeared in 1986: then on TV channels in Guiyang City District, Guizhou Province, a public service video called "Save Water" (��Լ��ˮ jie'yue yongshui) began to broadcast and had a huge impact on local people: water consumption in the city decreased by 47 thousand tons compared to last year. After that, public service advertising became an integral part of the content broadcast on Central Television. In November 26, 1987 a program called "Broadcast and Inform" (�� �� �� ֮ guangergaozhi) appeared on Central Television, in which every day 1 or 2 times public service advertisements were broadcast with the length from 30 seconds to 1 minute Brief History of Public Service Advertising in China) // URL: http://www.wenming.cn/wmwmobile/zt/201311/t20131120_1592021.shtml .

In April, 1996 the Department of Public Service Advertising of the Central Television for the first time held a meeting on the strategy for the development of social advertising Ibid..

In 1997 the State Administration for Industry and Commerce of the People's Republic of China (���ҹ��̾�) published the "Moral Norms of Advertising Activity" (������¹淶). In the same year, the Propaganda Department of the CPC Central Committee, the State Administration for Industry and Commerce, the Television and Radio Broadcasting Department jointly published the "Notice on the Production of Public Service Advertising", which stated that every television channel between 19:00 and 20:00 is obliged to broadcast social advertising, and its volume should not be less than 3% of the total number of advertisements broadcast on TV Ibid..

1.2 Authorities and Legislation Regulating Advertising Sphere in Taiwan

The main difference between Taiwan and China in advertising regulation is that Taiwanese advertising is regulated by various authorities and organization which can adopt different laws and regulations. Such authorities can act independently from the government. As of today Taiwan has more than 100 laws, regulations, statutes, rules regarding to advertising sphere, while in China only a small number of aforementioned authorities with the only one Advertising Law performs advertising regulation.

Taiwan is one of the most economically developed region in the North-East Asia with the strong service sector which includes advertising service. As of 2015 the volume of advertising market in Taiwan was 19.352 billion yuans, in comparison with 2014 the annual growth is up for 19.6% DMA Report � // URL: https://www.inside.com.tw/2016/04/29/taiwans-digital-ad-revenues.

The foregoing authorities perform administration, regulation and ruling functions:

1) The National Communication Commission (����ͨӍ����ί�T��), which was established under the Executive Yuan in 2006, however, it performs independently. According to the information presented on the official site of the Commission, it pursues 4 main goals, which are: �(1) promote the sound development of communications, (2) safeguard the rights of the people, (3) protect the interests of consumers, and (4) raise multicultural diversity�Official Site of the National Communication Commission // URL: http://www.ncc.gov.tw/english/content.aspx?site_content_sn=284 .

Concerning advertising sphere it regulates advertising content and protects consumer's interest and health.

2) The Fair Trade Commission (��ƽ����ί�T��), which was also established under the Executive Yuan in 1992. The Commission is responsible for drafting fair trade policy, laws and regulations, managing different activities in order to predict unfair forms of competition such as monopoly, mergers, concerted actions, etc. It is also carries on developing policy, adopts regulations and investigates various cases connected with multi-level marketingOfficial Site of the Fair Trade Commission // URL:http://www.ftc.gov.tw/internet/english/doc/docDetail.aspx?uid=198&docid=12193 .

In general, it performs the following duties: �1. Formulation of fair trade policies and regulations; 2. Review and amendment of the Fair Trade Act; 3. Investigation of business activities and economic developments; 4. Investigation and disposition of cases in violation of the Fair Trade Act; 5. Formulation of policies and regulations, investigation, and disposition of related cases on multi-level marketing; 7. Indoctrination of fair trading policies and regulations; and 8. Other matters in relation to fair trade� Official Site of the Fair Trade Commission // URL:http://www.ftc.gov.tw/internet/english/doc/docDetail.aspx?uid=198&docid=12193.

Concerning advertising sphere the Fair Trade Commission regulates advertising content in order to prevent using misleading or unfair information.

3) Food and Drug Administration of Ministry of Health and Welfare under the Executive Yuan (�������l����ʳƷˎ�������), which was created in January 1, 2010. As different products such as food, drugs, medical devices and cosmetics are strongly included in people's every day life, they need to be strongly regulated and checked. In such conditions this authority pursues to promote highly standard life-style and checks the quality of the aforementioned products. It also regulates medical and food advertising, adopts its content and gives permissions for broadcasting or publishing advertising for advertisers Official Site of the Food and Drug Administration of Ministry of Health and Welfare // URL: http://www.fda.gov.tw/TCN/index.aspx .

The aforementioned governmental bodies are the mains authorities responsible for advertising regulation in Taiwan. However, there are still some authorities, concerning regulating advertising content in some or another way, because according to the relevant laws and regulations each advertiser promoting a particular product needs to get a special permission from a relevant authority.

When speaking about legal regulation of advertising sphere, it should be mentioned that in contrast with mainland China, Taiwan did not adopt a unified advertising law. For this reason, Taiwanese advertising institute is regulated by a number of separated acts. Chinese Advertising Law, which took effect in1995, is the main document regulating both commercial and public service advertising. Taiwan did not adopt any similar acts, but applies a number of acts and regulations, which were implemented by the authorities mentioned above, and the most significant are the follows: market taiwan hong kong

1) Fair Trade Law (��ƽ���׷�), which was adopted by the Fair Trade Commission, promulgated in February 4, 1991, and took effect the year later in February 4, 1992; the last amendments were taken in June 24, 2015. The Law mainly regulates actions for implementation of aims and main purposes of Fair Trade Commission. Article 21 of the Law prohibits advertising agencies from using false or misleading representations or symbols, and also misleading information in matters that can influence trading decisions, which are: price, quantity, quality, content, production process, production date, valid period, method of use, purpose of use, place of origin, manufacturer, place of manufacturing, processor, place of processing, etc.Fair Trade Law // Fair Trade Commission URL: https://www.ftc.gov.tw/internet/english/doc/docDetail.aspx?uid=1295&docid=13970