Chapter I General Provisions
Article 1 This Law is formulated for the purpose of regulating advertising activities, promoting the healthy development of the advertising industry, protecting the legitimate rights and interests of consumers, maintaining social and economic order, and giving full play to the positive role of advertising in the socialist market economy.
article 2 advertisers, advertising agents and publishers shall abide by this law when engaging in advertising activities within the territory of the people's Republic of China. The term "advertisement" as mentioned in this Law refers to commercial advertisements in which commodity operators or service providers directly or indirectly introduce the commodities they sell or the services they provide through certain media and forms at their expense. Advertisers as mentioned in this Law refer to legal persons, other economic organizations or individuals who design, produce or act as agents for the purpose of promoting goods or providing services. Advertisers mentioned in this Law refer to legal persons or other economic organizations that publish advertisements for advertisers or advertising agents entrusted by advertisers.
article 3 advertisements shall be truthful, lawful and meet the requirements of socialist spiritual civilization construction.
article 4 advertisements shall not contain false contents, and shall not deceive or mislead consumers.
article 5 advertisers, advertising agents, advertisement publishing and engaging in advertising activities shall abide by laws and administrative regulations and follow the principles of fairness, honesty and credibility.
article 6 the administrative department for industry and commerce of the people's government at or above the county level is the advertising supervision and administration organ.
Chapter II Advertising Guidelines
Article 7 The contents of advertisements should be beneficial to people's physical and mental health, promote the improvement of the quality of goods and services, protect the legitimate rights and interests of consumers, observe social announcements and occupations, and first of all, safeguard the dignity and interests of the country. Advertising shall not have the following circumstances:
(1) use the national flag, national emblem and national anthem of the Chinese people;
(2) using the names of state organs and state functionaries;
(3) Use terms such as national, superlative and best;
(4) Obstructing social stability, endangering personal and property safety, and harming public interests.
(5) Obstructing public order and violating good social customs;
(6) contains obscenity, superstition, terror, violence and ugliness;
(7) Contents that discriminate against ethnic groups, races, religions and genders;
(8) hindering the protection of the environment and natural resources;
(9) Other circumstances prohibited by laws and administrative regulations.
article 8 advertisements shall not harm the physical and mental health of minors and disabled people.
article 9 if an advertisement indicates the performance, origin, use, quality, price, producer, expiration date or promise of a commodity or the content, form, quality, price and promise of a service, it should be clear and clear. If an advertisement indicates that a gift is attached to selling goods or providing services, it shall indicate the variety and quantity of the gift.
article 1 advertising data, statistics, survey results, abstracts and quotations shall be true and accurate, and the source shall be indicated.
article 11 if an advertisement involves a patented product or patented method, it shall indicate the patent number and patent type. Those who have not obtained the patent right shall not falsely claim to have obtained the patent right in the advertisement. It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising.
article 12 advertisements shall not belittle the goods or services of other producers or operators.
Article 13 An advertisement should be identifiable so that consumers can identify it as an advertisement. The mass media shall not publish advertisements in the form of news reports. Advertisements published through the mass media should be marked with advertisements, which are different from other non-advertising information and must not mislead consumers.
Article 14 An advertisement for drugs and medical devices shall not contain the following contents:
(1) It contains unscientific assertions or guarantees indicating efficacy;
(2) indicating the cure rate or effective rate;
(3) Compared with other commodities and medical devices in terms of efficacy and safety;
(4) using the names and images of medical research institutions, academic institutions, medical institutions or experts, doctors and eloquence as proof;
(5) other contents prohibited by laws and administrative regulations.
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 health administrative departments of provinces, autonomous regions and municipalities directly under the central government. The advertisements of therapeutic drugs prescribed by the state that should be used under the guidance of doctors must indicate "purchase and use according to doctors' prescriptions".
Article 16 Special commodities such as narcotic drugs, psychotropic drugs, toxic drugs and radioactive drugs shall not be advertised.
Article 17 Pesticide advertisements shall not contain the following contents:
(1) using absolute assertions indicating safety, such as innocuity and harmlessness;
(2) contains unscientific assertions or guarantees indicating efficacy;
(3) containing words, language or pictures that violate the rules for the safe use of pesticides;
(4) other contents prohibited by laws and administrative regulations.
article 18 it is forbidden to publish tobacco advertisements by radio, movies, television, newspapers and periodicals. It is forbidden to set up tobacco advertisements in public places such as various waiting places, theaters, conference halls and sports venues. Tobacco advertisements must be marked "Smoking is harmful to health".
article 19 the contents of advertisements for food, alcohol and cosmetics must conform to the matters permitted by health, and medical terms or terms confused with local drugs shall not be used.
chapter iii advertising activities
article 2 in advertising activities, advertisers, advertising agents and advertisement publishers shall subscribe to written contracts according to law to clarify the rights and obligations of each party.
article 21 advertisers, advertising agents and publishers shall not engage in any form of unfair competition in advertising activities.
article 22 an advertiser designs, produces and publishes advertisements by himself or by entrusting others, and the goods promoted or services provided shall conform to the business scope of the advertiser.
article 23 when an advertiser entrusts the design, production and publication of an advertisement, it shall entrust an advertising agent or publisher with legal business qualifications.
article 24 an advertiser who designs, produces and publishes an advertisement by himself or by entrusting others shall have or provide the following authentic, legal and effective documents.
(1) business license and other certification documents of production and operation qualifications;
(2) the certification documents issued by the quality inspection agency on the contents related to commodity quality in the advertisement;
(3) other documents confirming the authenticity of the advertising content. In accordance with the provisions of Article 34 of this Law, if the publication of advertisements needs to be examined by the relevant administrative departments, relevant approval documents shall also be provided.
Article 25 Where an advertiser or advertising agent uses another person's name or image in an advertisement, it shall obtain the written consent of the other person in advance; Anyone who uses the name or honor of a person without or with limited capacity for civil conduct shall obtain the written consent of his guardian in advance.
article 26 anyone who engages in advertising business shall have the necessary professional and technical personnel and production equipment, and shall register the company or advertising business according to law before engaging in advertising activities. The advertising business of radio stations, television stations, newspapers and periodicals publishing units shall be handled by their institutions specializing in advertising business, and shall be registered as part-time advertisements according to law.
article 27 advertising agents and publishers shall examine relevant certification documents and verify the contents of advertisements in accordance with laws and administrative regulations. Advertisers with false contents or incomplete supporting documents shall not provide design, production or agency services, and advertisement publishers shall not publish them.
article 28 advertising agents and publishers shall, in accordance with the relevant provisions of the state, establish and improve the registration, examination and file management systems for advertising business.
article 29 advertising fees shall be reasonable and open, and the charging standards and methods shall be filed with the administrative department for industry and commerce for price. Advertising agents and publishers should praise their charging standards and methods.
article 3 the media coverage, audience rating, circulation and other information provided by advertisement publishers to advertisers and advertising operators shall be true.
article 31 the commodities or services whose production and sale are prohibited by laws and administrative regulations, and the commodities or services whose advertising is prohibited, shall not be designed, produced or advertised.
Article 32 No outdoor advertisement shall be set up under any of the following circumstances:
(1) Using traffic safety facilities or traffic signs;
(2) affecting the use of municipal public facilities, traffic safety facilities and traffic signs;
(3) hindering production or people's life and damaging the appearance of the city;
(4) Construction control zones of state organs, cultural relics protection units and scenic spots;
(5) the local people's governments at or above the county level are prohibited from setting up outdoor advertisements.
article 33 the planning and management measures for outdoor advertising shall be formulated by the local people's governments at or above the county level in charge of advertising supervision and management, urban construction, environmental protection, public security and other relevant departments.
Chapter IV Examination of Advertisements
Article 34 In order to publish advertisements of drugs, medical devices, pesticides, veterinary drugs and other commodities and other advertisements that should be examined according to laws and administrative regulations by radio, film, television, newspapers, periodicals and other media, the relevant administrative departments (hereinafter referred to as the advertisement examination organs) must examine the contents of advertisements in accordance with relevant laws and administrative regulations before publication; Without review, it shall not be published.
article 35 when applying for advertisement examination, an advertiser shall submit relevant supporting documents to the advertisement examination organ in accordance with laws and administrative regulations. The advertising examination organ shall
make an examination decision in accordance with laws and administrative regulations.
article 36 no unit or individual may forge, alter or transfer the advertisement examination decision document.
Chapter V Legal Liabilities
Article 37 Where an advertisement is used to make false propaganda of goods or services in violation of the provisions of this Law, the advertising supervisor shall order the advertiser to stop publishing and publicly correct and eliminate the influence within the corresponding scope at the same advertising cost. And impose a fine of not less than one time but not more than five times the advertising expenses; Confiscate the advertising expenses of the responsible advertising agents and publishers, and impose a fine of more than one time and less than five times the advertising expenses; If the circumstances are serious; Stop its advertising business according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.
article 38 in violation of the provisions of this law, publishing false advertisements to deceive and mislead consumers, thus damaging the legitimate rights and interests of consumers who buy goods or receive services, advertisers shall bear civil liability according to law; Advertising agents and publishers who design, produce and publish advertisements knowing or should know that they are false shall bear joint liability according to law. Advertising agents and publishers cannot provide the real name and address of advertisers, and should bear all civil liabilities. Social organizations or other organizations that recommend commodities or services to consumers in false advertisements, thus harming the legitimate rights and interests of consumers, shall bear joint and several liabilities according to law.
article 39 where the advertisement is published in violation of the second paragraph of article 7 of this law, the advertising supervision and administration organ shall order the responsible advertisers, advertising agents and advertisement publishers to stop publishing and make public corrections, confiscate the advertising expenses, and impose a fine of not less than one time but not more than five times the advertising expenses; If the circumstances are serious, the advertising business shall be stopped according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.
article 4 where the advertisement is published in violation of the provisions of articles 9 to 12 of this law, the advertising supervision and administration organ shall order the responsible advertisers, advertising agents and advertisement publishers to stop publishing and make public corrections, confiscate the advertising expenses, and may concurrently impose a fine ranging from one time to five times the advertising expenses. Where advertising violates the provisions of Article 13 of this Law, the advertising supervision and administration organ shall order the advertisement publisher to make corrections and impose a fine of not less than 1, yuan but not more than 1, yuan.
article 41 where advertisements for drugs, medical devices, pesticides, food, alcohol and cosmetics are published in violation of the provisions of articles 14 to 17 and 19 of this law, or advertisements are published in violation of the provisions of article 31 of this law, the advertising supervision and administration organ shall order the responsible advertisers, advertising agents and publishers to correct or stop publishing, confiscate the advertising expenses, and may concurrently impose a fine of not less than one time but not more than five times the advertising expenses; If the circumstances are serious, the advertising business shall be stopped according to law.
article 42 where a tobacco advertisement is published by radio, film, television, newspapers or periodicals in violation of the provisions of article 18 of this law, the advertising supervision and administration organ shall order the responsible advertisers, advertising agents and advertisement publishers to stop publishing, confiscate the advertising expenses and may concurrently impose a fine of not less than one time but not more than five times the advertising expenses.
article 43 where an advertisement is published in violation of the provisions of article 34 of this law without the examination and approval of the advertising examination organ, the advertising supervision organ shall order the responsible advertisers, advertising agents and advertisement publishers to stop publishing,
confiscate the advertising expenses and impose a fine of not less than one time but not more than five times the advertising expenses.
article 44 if an advertiser provides false certification documents, the advertising supervision and administration organ shall impose a fine of not less than 1, but not more than 1,. Anyone who forges, alters or transfers the decision document of advertising examination shall be confiscated by the advertising supervision and administration organ, and shall be fined not less than 1, yuan but not more than 1, yuan. If a crime is constituted, criminal responsibility shall be investigated according to law.
article 45 if an advertising examination organ makes a decision to examine and approve illegal advertising content, the directly responsible person in charge and other responsible persons shall be given administrative sanctions by their units, higher authorities and administrative supervision departments according to law.
article 46 the staff of the advertising supervision and administration organs and the advertising examination organs shall be given administrative sanctions if they neglect their duties, abuse their powers or engage in malpractices for personal gain. If a crime is constituted, criminal responsibility shall be investigated according to law.
article 47 advertisers, advertising agents and publishers who violate the provisions of this law and commit any of the following torts shall bear civil liability according to law.
(1) damaging the physical and mental health of minors or disabled people in advertisements;
(2) counterfeiting other people's patents;
(3) belittling the goods or services of other producers and operators;
(4) using other people's names and images in advertisements without consent;
(5) other violations of the legitimate civil rights and interests of others.
article 48 if a party refuses to accept the decision on administrative punishment, he may, within 15 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; The parties may also directly bring a suit in a people's court within 15 days after receiving the notice of punishment. The reconsideration organ shall make a reconsideration decision within sixty days from the date of receiving the application for reconsideration. If a party refuses to accept the reconsideration decision, he may bring a suit in a people's court within 15 days from the date of receiving the reconsideration decision. If the reconsideration organ fails to make a reconsideration decision within the time limit, the party concerned may bring a suit in a people's court within 15 days from the date of expiration of the reconsideration period. Neither does the party concerned apply for reconsideration within the time limit.