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  3. Canada’s Competition Bureau has some new guidelines governing on-line advertising and marketing that businesses with websites sh

Canada’s Competition Bureau has some new guidelines governing on-line advertising and marketing that businesses with websites sh

admin2010-09-10  53
问题     Canada’s Competition Bureau has some new guidelines governing on-line advertising and marketing that businesses with websites should keep in mind when making claims about products and services. On February 18, 2003, the Bureau clarified the rules relating to on-line advertising and marketing in an Information Bulletin addressing the application of the Competition Act to representations on the Internet.
    The Competition Act basically sets out rules relating to misleading representations and deceptive marketing practices. The Bulletin was issued to foster obedience with the Competition Act and ensure greater fairness, predictability and transparency in its application to representations made on the Internet. Specifically, it contains criminal and civil provisions that prohibit misleading representations and deceptive marketing practices related to products or services. Any representation that is false or misleading in a "material respect" is prohibited. As determined by the courts, a representation is deemed misleading in a material respect if it conveys a false impression to the ordinary citizen and would likely influence his or her decision to purchase the product.
    Although the Bulletin is not legally binding on the Competition Bureau, it sets out the Bureau’s position that the Competition Act applies equally to false or misleading representations regardless of the medium in which they are made. The rules set out in the Competition Act will be applied in a manner that is neutral--neither biasing business activity to ward or away from the Internet. The Competition Bureau is of the opinion that responsibility for false or misleading advertisements lies with the person who "causes" the representation to be made. In the on-line context, this would typically be the business that controls the content of the website and for whom the website is made available.
    The Bulletin provides guidance to businesses operating websites and presents the Bureau’s opinion on the application of the Competition Act to representations made on line. ? Obviously, determining whether or not a particular representation is false or misleading will depend on all of the circumstances surrounding the representation. Businesses concerned about the potential application of the provisions on misleading representations and deceptive marketing practices in the Competition Act to their websites should consult with their legal advisor.
According to the Competition Bureau, the responsibility for misleading representations lies with.
选项 A、the owner of the website
B、the telephone company
C、the website operator
D、the person who causes the misrepresentation
答案D
解析 属事实细节题。第三段指出：“竞争管理局认为，虚假性、误导性广告的责任由‘导致’做出宣传的人承担。”
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