Complaint that Hua-Shio Broadcasting Enterprise Co. Ltd. recruited or offered to broker entertainers through newspaper advertisements in violation of the Fair Trade Law
Case:
Complaint that Hua-Shio Broadcasting Enterprise Co. Ltd. recruited or offered to broker entertainers through newspaper advertisements in violation of the Fair Trade Law
Key Words:
recruitment of reserved actors, entertainer brokerage
Reference:
Fair Trade Commission Decision of April 19, 2000 (the 441st Commissioners' Meeting); Letter(89) Kung Ts'an Tzu No. 8801558-005, Disposition (89) Kung Ch'u Tzu No. 57
Industry:
Radio and Television Provision Industry (8530)
Relevant Laws:
Summary:
1. China Television Service (CTS) filed a complaint against Hua-Shio Broadcasting Enterprise Co. Ltd. (Hua-Shio) alleging that Hua-Shio placed false newspaper advertisements for the recruitment of entertainers-a service that Hua-Shio is not licensed to provide in its company registration. These advertisements caused members of the public to believe mistakenly that CTS was recruiting reserved entertainers. 2. In its newspaper advertisements, Hua-Shio claimed that "guaranteed performance opportunities as CTS singing/acting stars on genuine television programs...Actors and singers in the entertainment world are not affected by changes in the economy...Now is the ideal time for a career change...Free training for real television acting. Registration hotline: Hua-Shio Broadcast Program Department." Hua Shio, however, was, unable to produce records showing that it had submitted videotapes of the "genuine television programs" to the Government Information Office for review. Moreover, the Taipei District Court had decided that the training of entertainers and the brokerage of performance opportunities under the "Free training for real television acting" program was a violation of the Trademark Law and the Company Law. Notwithstanding this decision, Hua-Shio still placed the advertisements containing the unlawful statements. 3. The Fair Trade Commission (the Commission) found that in addition to the headline set in a comparatively large type reading "Hua-Shio singing/acting stars," the phrases of "genuine television programs" and "free training for real television acting" were emphatically asserted in the advertisement. These claims, the Commission found, created an overall impression and effect suggesting that "CTS" was recruiting reserved entertainers and that there was a connection with CTS's business activities. This act constituted a violation of Article 21(3) of the Fair Trade Law and, mutatis mutandis, Article 21(1) of the same Law. After considering the motivation for Hua Shio's illegal acts and past violations, the Commission ordered Hua Shio to cease immediately these false and misleading representations and imposed a administrative fine of NT$500,000. Appendix: Hua Shio Broadcasting Enterprise Co., Ltd.'s Uniform Invoice Number: 23765914 Summarized by Sun Jai Suey; Supervised by Pai Yu Chuang