on October 27, 1994, and is hereby promulgated and shall come into force on February
1, 1995
.
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of regulating advertising activities, promoting the healthy development of the advertising industry, protecting the lawful rights and interests of consumers,
maintaining the social and economic order, and giving full play to the positive role of advertising in the socialist market economy.
Article 2 Advertisers, advertising operators and advertising publishers shall abide by this Law when engaging in advertising activities within the territory of the People's Republic of China
.
Advertising as referred to in this Law refers to commercial advertisements in which the operator of goods or the provider of services bears the cost of introducing, directly or indirectly, the goods they promote or the services they provide through a certain medium and in a certain form
form.
The advertisers referred to in this Law are legal persons, other economic organizations or individuals who design, produce and publish advertisements on their own or on behalf of others in order to promote goods or provide services.
The advertisers referred to in this Law are legal persons, other economic organizations or individuals who are entrusted with the design, production or agency of advertisements.
The advertisers referred to in this Law refers to the advertisers or advertisers commissioned by the advertisers to publish advertisements
legal persons or other economic organizations.
Article 3 Advertisements shall be truthful, lawful and in line with the requirements of the construction of socialist spiritual civilization.
Article 4 Advertisements shall not contain false content and shall not deceive and mislead consumers.
Article 5 Advertisers, advertising operators and publishers shall abide by the laws and administrative regulations and follow the principles of fairness and honesty and trustworthiness when engaging in advertising activities.
Article 6 The administration for industry and commerce of the people's governments at or above the county level shall be the supervisory and administrative organ for advertising.
Chapter II Advertising Guidelines
Article 7 The contents of advertisements shall be conducive to the physical and mental health of the people, promote the improvement of the quality of goods and services,
protect the lawful rights and interests of consumers, abide by the public morals and professional ethics, and safeguard the dignity and interests of the state.
Advertisements shall not include the following:
(1) use the flag, national emblem and national anthem of the People's Republic of China;
(2) use the names of state organs and staff of state organs;
(3) use the terms of national, highest and best;
(4) impede social stability and jeopardize the safety of persons and property, and (v) impede public order and violate good social customs;
(vi) contain obscenity, superstition, terrorism, violence and ugliness;
(vii) contain ethnic, racial, religious or gender discrimination;
(viii) impede the protection of the environment and natural resources;
(ix) be prohibited by laws and administrative regulations;
(x) be prohibited by laws and administrative regulations; and (IX) Other circumstances prohibited by laws and administrative regulations.
Article 8 The advertisements shall not harm the physical and mental health of minors and the disabled.
Article 9 The advertisements shall be clear and understandable if they indicate the performance, origin, use, quality, price, producer, expiration date,
promise of the commodities, or the content, form, quality, price and promise of the services.
The advertisements indicate that the promotion of goods, services, incidental gifts, should indicate the variety and quantity of gifts.
Article 10: The use of data, statistics, survey results, abstracts and quotations in advertisements shall be true, accurate
and indicate the source.
Article 11 of the advertisements involving patented products or patented methods, shall indicate the patent number and patent type.
If a patent has not been obtained, it shall not be falsely claimed in the advertisement that it has been obtained.
It is prohibited to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalidated in advertisements.
Article 12: Advertisements shall not disparage the goods or services of other producers and operators.
Article 13 An advertisement shall be recognizable, enabling consumers to identify it as an advertisement.
The mass media shall not publish advertisements in the form of news reports. The advertisements released through the mass media shall
be labeled as advertisements, differentiated from other non-advertising information, and shall not cause misunderstanding among consumers.
Article 14 The advertisements of medicines and medical devices shall not contain the following contents:
(1) containing unscientific assertions or guarantees of efficacy;
(2) stating the rate of cure or the effective rate;
(3) comparing the efficacy and safety of medicines and medical devices with those of other medicines and medical devices;
(4) making use of the pharmaceutical scientific research units, Academic institutions, medical institutions or experts, doctors, patients in the name
and image as proof;
(E) laws and administrative regulations prohibit other content.
Article 15 The contents of drug advertisements must be based on the instructions approved by the health administrative department of the State Council or the provincial, autonomous regions and municipalities
.
State regulations should be used under the guidance of a doctor in the advertisement of therapeutic drugs, it must be stated that "according to the doctor's prescription
prescription purchase and use".
Article 16 Narcotic drugs, psychotropic drugs, toxic drugs, radiopharmaceuticals and other special drugs shall not be
advertised.
Article 17 Pesticide advertisements shall not have the following contents:
(a) the use of non-toxic, harmless and other absolute assertions of safety;
(b) contains unscientific assertions or guarantees of efficacy;
(c) contains words, language or images that violate the safe use of pesticides;
(d) the law, Administrative regulations prohibit other content.
Article 18 prohibits the use of radio, film, television, newspapers and periodicals to publish tobacco advertising.
It is prohibited to set up tobacco advertisements in various types of waiting rooms, theaters, conference halls, sports venues and other public **** places.
Tobacco advertisements are also prohibited.
Tobacco advertising must be labeled "smoking is harmful to health".
Article 19 of the food, alcohol, cosmetics advertising content must be consistent with the health permit, and shall not
use medical terms or terms easily confused with drugs.
Chapter III Advertising Activities
Article 20 The advertiser, advertising operators, advertising publishers in advertising activities should be concluded in accordance with the law
written contracts, clear rights and obligations of all parties.
Article 21 Advertisers, advertising operators, advertising publishers shall not engage in any form of
unfair competition in advertising activities.
Article 22 The advertisers shall design, produce and publish advertisements on their own or on behalf of others, and the commodities promoted
or services provided shall be in line with the advertiser's business scope.
Article 23 An advertiser who commissions the design, production or publication of an advertisement shall commission an advertisement operator or advertisement publisher with legal business qualifications
.
Article 24 An advertiser who designs, produces or publishes advertisements on his own or on behalf of another person shall have or
provide the following authentic, legal and valid certificates:
(1) business license and other certificates proving the qualifications of production and operation;
(2) certificates issued by quality inspection organizations on the quality of the commodities in the advertisements;
(3) certificates proving the quality of the commodities in the advertisements;
(4) certificates proving that the advertisements are in good condition; and
(C) confirm the authenticity of the advertisement content of other documents.
In accordance with the provisions of Article 34 of this Law, if the publication of advertisements needs to be examined by the competent administrative department, it should also
provide the relevant approval documents.
Article 25 If an advertiser or advertiser uses the name or image of another person in an advertisement, he or she shall obtain the written consent of the other person in advance; if he or she uses the name or image of an incapacitated person or a person with limited capacity for civil behavior, he or she shall obtain the written consent of his or her guardian in advance.
Article 26 engaged in advertising, shall have the necessary professional and technical personnel, production equipment, and
company or advertising business registration in accordance with the law, before engaging in advertising activities.
Radio and television stations, newspapers and magazines publishing units of advertising business, shall be handled by its
organization specializing in advertising business, and in accordance with the law to deal with the registration of part-time advertising.
Article 27 The advertisers, advertisers in accordance with laws and administrative regulations to check the relevant documents,
verification of the content of the advertisement. For advertisements with inaccurate content or incomplete supporting documents, the advertisers shall not provide design,
production and agency services, and the advertisers shall not publish.
Article 28 The advertisers, advertisers in accordance with the relevant provisions of the state, the establishment and improvement of advertising
business undertaking registration, audit, file management system.
Article 29 The charges for advertisements shall be reasonable and open, and the standards and charges shall be filed with the price and industry
business administration.
The advertisers and advertisers shall publicize their fees and charges.
Article 30 The media coverage, ratings, distribution
and other information provided by advertisers to advertisers and advertisers shall be true.
Article 31 The design, production and publication of advertisements shall not be allowed for the goods or services whose production and sale are prohibited by laws and administrative regulations, as well as for the goods or services whose publication of advertisements is prohibited.
Article 32 Outdoor advertising shall not be set up under any of the following circumstances:
(1) use of traffic safety facilities and traffic signs;
(2) affecting the use of municipal public **** facilities, traffic safety facilities and traffic signs;
(3) hindering production or people's lives and damaging the cityscape;
(4) State organs, cultural relics protection units and scenic spots in the architectural control zone;
(E) the local people's government at or above the county level prohibit the installation of outdoor advertising areas.
Article 33 The setting up of outdoor advertising planning and management by the local people's governments at or above the county level
Organization of advertising supervision and management, urban construction, environmental protection, public security and other relevant departments to develop.
Chapter IV Review of Advertisements
Article 34 The use of radio, film, television, newspapers, periodicals and other media to publish advertisements for medicines, medical devices, pesticides, veterinary drugs and other commodities, and other advertisements that should be reviewed in accordance with laws and administrative regulations
must be reviewed by the competent administrative department (hereinafter referred to as the advertisement review department) in accordance with the relevant laws and administrative regulations before publication. The competent department (hereinafter referred to as the advertisement review
organ) shall review the content of the advertisement before publication; without review, it shall not be published.
Article 35 An advertiser applying for examination of an advertisement shall submit relevant supporting documents to the advertisement examination organ in accordance with laws and administrative regulations. The advertisement review authority shall make a review decision in accordance with laws and administrative regulations.
Article 36 No unit or individual shall forge, alter or transfer advertising review decision documents.
Chapter V Legal Liability
Article 37 Violation of the provisions of this Law, the use of advertising for goods or services to make false propaganda, by the advertising
supervisory and administrative organs shall order the advertiser to stop publishing, and the cost of the advertisement to an equivalent amount of public correction to eliminate the
impact within the appropriate range, and impose a fine of more than double the cost of the advertisement to less than five times the amount of the fine; the advertiser, advertising operator, advertisement issuer
shall be held responsible for the advertisement. Advertising operators, advertising
publishers confiscate advertising costs, and impose advertising costs more than double the fine of five times; the circumstances are serious, according to the law to stop
stop its advertising business. Constitutes a crime, shall be investigated for criminal responsibility.
Article 38 Violation of the provisions of this Law, the release of false advertisements, deceiving and misleading consumers, so that the purchase of goods
or accept the lawful rights and interests of consumers of the service has been harmed by the advertisers shall bear civil liability according to the law; advertisement
operators, advertisers, or should be known that the advertisement is false still design, production and publication, shall bear
joint and several liability.
Joint and several liability.
The advertisers and advertisers who cannot provide the true name and address of the advertiser shall bear full
civil liability.
Social organizations or other organizations that recommend goods or services to consumers in false advertisements, so that the legitimate rights and interests of consumers
are harmed, shall be held jointly and severally liable in accordance with the law.
Article 39 If an advertisement is published in violation of the provisions of Article 7(2) of this Law, the supervisory and administrative organ of advertising shall order the responsible advertiser, advertiser, advertiser, or publisher to cease publication, make public corrections, confiscate the advertisement fee
and impose a fine of not less than double and not more than five times of the advertisement fee; and in case of seriousness of the case, the advertisement business shall be stopped in accordance with the law.
Constitutes a crime, shall be investigated for criminal responsibility.
Article 40 If an advertisement violates the provisions of Articles 9 to 12 of this Law, the advertising supervision and management authorities
shall order the responsible advertiser, advertiser, advertiser, or publisher to stop publishing, make public corrections, and confiscate the advertisement
expenses, and may impose a fine of not less than one but not more than five times the advertisement expenses.
If an advertisement is published in violation of the provisions of Article 13 of this Law, the supervisory and administrative organ of advertising shall order the advertisement publisher to make corrections,
and impose a fine of not less than one thousand yuan and not more than ten thousand yuan.
Article 41 In case of violation of the provisions of Article 14 to Article 17 and Article 19 of this Law to publish advertisements for drugs, medical
instruments, pesticides, food, alcohol and cosmetics, or to publish advertisements in violation of the provisions of Article 31 of this Law
the supervisory and regulatory authorities of advertisements shall order the advertisers, advertisers, and advertisers who are responsible to rectify the situation or to stop publishing them, and shall confiscate the advertisements from the advertisers.
The advertiser shall be ordered by the organ responsible for the advertisement to make corrections or stop publishing, confiscate the advertisement expenses, and may be fined not less than double and not more than five times of the advertisement expenses; and if the circumstances are serious, the advertisement shall be stopped according to the law.
Article 42 In violation of the provisions of Article 18 of this Law, the use of radio, film, television, newspapers and periodicals
to publish tobacco advertisements, or set up tobacco advertisements in public *** places, the advertising supervision and management authorities shall order the advertisers, advertisement operators and advertisers who bear the responsibility
to stop publishing, confiscate the advertising costs, and impose a fine of more than five times the advertising costs
The serious cases shall be halted according to law. p>
The cost of the advertisement shall be confiscated, and the advertiser may also be fined not less than double and not more than five times the cost of the advertisement.
Article 44 If an advertiser provides false supporting documents, the advertisement supervisory and regulatory authorities shall impose a fine of 10,000 yuan or more
or less than 100,000 yuan.
If an advertiser forges, alters or transfers the decision document for the examination of advertisements, the advertisement supervisory and regulatory authorities shall confiscate the illegal income,
and impose a fine of 10,000 yuan or more than 100,000 yuan or less. Constitutes a crime, shall be investigated for criminal responsibility.
Article 45 The advertisement examination authority shall make a decision on the examination and approval of the content of the illegal advertisement, and the directly responsible
personnel in charge and other directly responsible personnel, shall be given administrative sanctions by their units, superior organs, administrative supervision departments in accordance with the law
.
Article 46 The staff of the advertisement supervisory and regulatory authorities and the advertisement review authorities shall be given administrative sanctions if they neglect their duties, abuse their power
or commit malpractice for favoritism. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 47 If an advertiser, advertisement operator or advertisement publisher violates the provisions of this Law and commits any of the following violations, he or she shall be held civilly liable in accordance with the law:
(1) damaging the physical or mental health of minors or persons with disabilities in advertisements; (2) counterfeiting the patents of other persons
(3) belittling the commodities or services of other producers and operators; (4) advertising the goods or services of persons with disabilities in advertisements without their consent; or (5) advertising the goods or services of persons with disabilities in advertisements without the consent of the producers and operators. (c) disparaging the goods or services of other producers or operators; (d) using the name or image of another person in advertisements without consent; (e) infringing on the lawful civil rights and interests of others.
Article 48 If a party is dissatisfied with the administrative penalty decision, he or she may apply for reconsideration to the organ at the higher level of the organ that issued the penalty decision within fifteen
days from the date of notification of the penalty; or he or she may file a lawsuit directly with the People's Court within fifteen days from the date of notification of the penalty
.
The reconsideration organ shall make a decision on reconsideration within sixty days from the date of receipt of the application for reconsideration. The parties to the reconsideration decision
decision, you can within fifteen days from the date of receipt of the reconsideration decision to the people's court. The reconsideration body does not
make a reconsideration of the decision, the party may within fifteen days of the expiration of the reconsideration period to the people's court.
The party does not apply for reconsideration or to the people's court, and does not fulfill the penalty decision, the organ that made the penalty
decision may apply to the people's court for compulsory execution. Where the contents of other laws and regulations on
advertisements enacted before the implementation of this Law are inconsistent with this Law, this Law shall prevail.