(Adopted at the Tenth Meeting of the Standing Committee of the Eighth National People's Congress on October 27, 1994)
Chapter I General Provisions
Article 1 In order to regulate advertising activities, promote the healthy development of the advertising industry, protect the legitimate rights and interests of consumers, safeguard the social and economic order, and give full play to the positive role of advertisement in the socialist market economy, the formulation of this Law.
Article 2 Advertisers, advertisers, and advertisers engaged in advertising activities within the territory of the People's Republic of China shall abide by this Law. Advertising as referred to in this Law refers to commercial advertisements in which the operator of goods or the provider of services bears the expense of introducing, directly or indirectly, through a certain medium and form, the goods that he or she promotes or the services that he or she provides. The advertisers referred to in this Law are legal persons, other economic organizations or individuals who, in order to promote commodities or provide services, design, produce or act as an agent on their own or on behalf of others. The advertising publisher referred to in this Law means a legal person or other economic organization that publishes advertisements for the advertiser or the advertiser's commissioned advertising operator.
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 or mislead consumers.
Article 5 Advertisers, advertisers, advertisers and advertisers engaged in advertising activities shall abide by the laws and administrative regulations and follow the principles of fairness and honesty and credit.
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 Standards
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 legitimate rights and interests of consumers, abide by the social announcements and the first professional standards, and safeguard the dignity and interests of the State. Advertisements shall not include the following:
(1) the use of the flag, national emblem and national anthem of the People's Republic of China;
(2) the use of the names of state organs and staff of state organs;
(3) the use of terms such as national, highest and best;
(4) the impediment of social stability and the endangerment of the safety of persons and property, and the impairment of social public **** interests.
(v) impede public **** order and violate good social customs;
(vi) contain obscene, superstitious, terrorist, violent and ugly content;
(vii) contain ethnic, racial, religious and gender discrimination;
(viii) impede the protection of the environment and natural resources;
(ix) other cases stipulated by laws and administrative regulations. other circumstances prohibited.
Article 8 The advertisements shall not harm the physical and mental health of minors and the disabled.
Article 9 If advertisements indicate the performance, origin, use, quality, price, producer, expiration date or promise of goods or the content, form, quality, price or promise of services, they shall be clear and understandable. Advertisements indicate that the promotion of goods, services, incidental gifts should be labeled gift varieties and quantities.
Article X. Advertisements using data, statistics, survey results, abstracts, quotes, shall be true and accurate, and indicate the source.
Article XI of the advertisement involves patented products or patented methods, should indicate the patent number and patent type. Not patented, shall not be falsely claimed in the advertisements to obtain patent rights. Prohibit the use of patent applications that have not been granted a patent and patents that have been terminated, revoked or invalidated for advertising.
Article 12 The 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, distinguished from other non-advertising information, and shall not cause consumers to misunderstand.
Article 14 Advertisements for 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 rate of effectiveness;
(3) comparing the efficacy and safety with that of other commodities and medical devices;
(4) utilizing pharmaceutical scientific research units, Academic institutions, medical institutions or experts, doctors, eloquent name and image as proof;
(v) other content prohibited by laws and administrative regulations.
Article 15 The contents of drug advertisements must be based on the instructions approved by the health administration of the State Council or the health administration departments of provinces, autonomous regions and municipalities directly under the Central Government. State regulations should be used under the guidance of a doctor's therapeutic drug advertisements, must indicate "purchase and use in accordance with a doctor's prescription".
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) use of non-toxic, harmless and other absolute assertions indicating safety;
(2) contain unscientific assertions or assurances indicating efficacy;
(3) contain words, language or images violating the safe use of pesticides;
(4) laws, Administrative regulations prohibit other content.
Article 18 prohibits the use of radio, film, television, newspapers and periodicals to publish tobacco advertisements. It is prohibited to set up tobacco advertisements in all kinds of waiting, theaters, conference halls, sports venues and other public **** places. Tobacco advertisements must be labeled "smoking is harmful to health".
Article 19 The contents of advertisements for food, alcohol, and cosmetics must conform to the matters permitted by the health permit, and may not use medical terms or terms confusingly similar to those used for medicines.
Chapter 3: Advertising Activities
Article 20: A written contract shall be made between the advertiser, the advertising operator and the publisher of the advertisement in accordance with the law, specifying the rights and obligations of each party.
Article 21 Advertisers, advertising operators and publishers shall not engage in any form of unfair competition in their advertising activities.
Article 22 If an advertiser designs, produces or publishes advertisements on his own or on behalf of another person, the goods promoted or services provided shall be in conformity 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 entrusts others to do so shall have or provide the following documents which are true, legal and valid.
(1) business license and other documents certifying the qualifications of production and operation;
(2) documents certifying the contents of the advertisements concerning the quality of the goods issued by the quality inspection agency;
(3) other documents confirming the authenticity of the contents of the advertisements. In accordance with the provisions of Article 34 of this Law, if the advertisement needs to be examined by the relevant administrative department, the relevant approval documents shall also be provided.
Article 25 If an advertiser or an advertising operator uses the name or image of another person in an advertisement, he shall obtain the prior written consent of the other person; if he uses the name or honor of a person who is incapable of civil behavior or a person who has limited capacity for civil behavior, he shall obtain the prior written consent of his guardian.
Article 26 engaged in advertising, shall have the necessary professional and technical personnel, production equipment, and in accordance with the law, the company or advertising business registration before engaging in advertising activities. Radio and television stations, newspapers and periodicals publishing units of advertising business, shall be handled by their agencies specializing in advertising business, and in accordance with the law to register part-time advertising.
Article 27 The advertisers and publishers shall check the relevant documents and verify the contents of the advertisements in accordance with the laws and administrative regulations. The advertisers shall not provide design, production and agency services for advertisements whose contents are inaccurate or whose supporting documents are incomplete, and the advertisers shall not publish the advertisements.
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 advertising shall be reasonable and open, and the standards and charges shall be filed with the administrative department for industry and commerce only. Advertising operators, advertising publishers shall celebrate its charges and fees.
Article 30 The media coverage, ratings, circulation and other information provided by advertisers to advertisers and advertisers shall be true.
Article 31 Commodities or services whose production or sale is prohibited by laws and administrative regulations, as well as commodities or services whose advertisements are prohibited, shall not be designed, produced or advertised.
Article 32 Outdoor advertisements shall not be set up under any of the following circumstances:
(1) the use of traffic safety facilities and traffic signs;
(2) the impact on the use of municipal public **** facilities, traffic safety facilities and traffic signs;
(3) the obstruction to the production or people's lives, and the impairment of 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 in the area.
Article 33 The planning and management of outdoor advertising shall be formulated by the local people's governments at or above the county level through the organization of advertising supervision and management, urban construction, environmental protection, public security and other relevant departments.
Chapter IV Review of Advertisements
Article 34 Advertisements of medicines, medical devices, pesticides, veterinary drugs and other commodities using radio, film, television, newspapers, periodicals and other media, as well as other advertisements which should be reviewed as stipulated by laws and administrative regulations, must be reviewed for content prior to release by the competent administrative department (hereinafter referred to as the advertisement reviewing authority) in accordance with the relevant laws and administrative regulations. The content of the advertisement shall be examined; without examination, it shall not be published.
Article 35 An advertiser applying for examination of an advertisement shall submit relevant supporting documents to the advertisement examination authority in accordance with laws and administrative regulations. The advertisement examination authority shall
make a decision on examination in accordance with laws and administrative regulations.
Article 36 No unit or individual shall forge, alter or transfer the 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 supervision in the advertisers are ordered to stop publishing, and with the same amount of advertising costs in the corresponding range of public correction to eliminate the impact. And impose a fine of more than double the advertising costs of five times the following; the responsible advertising operators, advertising publishers confiscate advertising costs, advertising costs of more than double the following five times the fine; the circumstances are serious; according to the law to 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 legitimate rights and interests of consumers who purchase goods or receive services are harmed, the advertiser shall bear civil liability; advertising operators, advertising publishers know or should know that the advertisement is false still design, production, release, shall bear joint and several liability according to law. The advertiser or publisher cannot provide the real name and address of the advertiser, and shall bear full civil liability. Social groups or other organizations, in the false advertisements to recommend goods or services to consumers, so that the legitimate rights and interests of consumers have been harmed, shall bear joint and several liability.
Article 39 Where an advertisement violates the provisions of Paragraph 2 of Article 7 of this Law, the advertising regulatory authority shall order the responsible advertiser, advertisement operator, or advertisement publisher to stop publication, make public corrections, confiscate the advertising expenses, and impose a fine of not less than double and not more than five times of the advertisement expenses; if the circumstances are serious, the advertisement shall be discontinued in accordance with the law. Constitutes a crime, shall be investigated for criminal responsibility.
Article 40 Where an advertisement is published in violation of the provisions of Articles 9 to 12 of this Law, the organ supervising and regulating advertisements shall order the responsible advertiser, advertisement operator or advertisement publisher to stop publication and make public corrections, confiscate the advertisement expenses, and impose a fine of not less than double and not more than five times of the advertisement expenses. Publishing advertisements in violation of the provisions of Article 13 of this Law, the advertising supervision and regulatory authorities shall order the publisher of the advertisement to make corrections and impose a fine of not less than one thousand yuan and not more than ten thousand yuan.
Article 41 If an advertisement is published in violation of the provisions of Articles 14 to 17 and 19 of this Law for drugs, medical devices, pesticides, food, alcohol or cosmetics, or if an advertisement is published in violation of the provisions of Article 31 of this Law, the organ supervising and regulating advertisements shall order the responsible advertiser, advertiser and advertisement publisher to rectify the situation or stop publishing the advertisement, and shall confiscate the expenses of the advertisement, and may impose a fine not exceeding five times the expenses of the advertisement. The advertising expenses may be confiscated, and may also be fined not less than one and not more than five times the advertising expenses; if the circumstances are serious, the advertising business shall be stopped according to law.
Article 42 Anyone who violates the provisions of Article 18 of this Law and publishes tobacco advertisements using radio, film, television, newspapers or periodicals shall be ordered by the advertising regulatory authority to stop the advertisers, advertisement operators and advertisement publishers who are responsible for the advertisements and to confiscate the advertising expenses, and may be fined at not less than one but not more than five times of the advertising expenses.
Article 43 Violation of the provisions of Article 34 of this Law, without the examination and approval of the advertising review authority to publish advertisements, the advertising supervisory organs shall order the responsible advertisers, advertising operators, advertising publishers to stop publishing,
confiscation of advertising costs, and impose a fine of not less than double the cost of the advertisement and not more than five times the cost of the advertisement.
Article 44 Where an advertiser provides false supporting documents, the advertising regulatory authority shall impose a fine of not less than ten thousand and not more than one hundred thousand. Where an advertiser forges, alters or transfers an advertising examination decision document, the advertising supervision and management authorities shall confiscate the illegal income and impose a fine of ten thousand yuan or more than one hundred thousand yuan. Constitutes a crime, shall be investigated for criminal responsibility.
Article 45 If an advertising examination authority makes an examination and approval decision on the content of an advertisement that is in violation of the law, the supervisory personnel directly responsible for it and other persons in charge shall be given administrative sanctions by their units, superior organs and administrative supervision departments in accordance with the law.
Article 46 Any staff member of the advertising supervision and management organ and the advertising examination organ who neglects his duties, abuses his power, or commits malpractice for personal gain shall be given administrative sanctions. If they constitute a crime, they shall be investigated for criminal responsibility according to law.
Article 47 An advertiser, advertisement operator or advertisement publisher who violates the provisions of this Law and commits one of the following infringements shall bear civil liability in accordance with law.
(1) damaging the physical or mental health of minors or persons with disabilities in advertisements;
(2) counterfeiting the patents of others;
(3) disparaging the commodities or services of other producers and operators;
(4) using the name or image of another person in advertisements without his consent;
(5) infringing upon the lawful civil rights and interests of others.
Article 48 If a party is dissatisfied with a decision on an administrative penalty, he or she may, within fifteen days from the date of receipt of the notification of the penalty, apply for a reconsideration to the organ higher up in the hierarchy of the organ that made the penalty decision; or he or she may, within fifteen days from the date of receipt of the notification of the penalty, bring an action directly in the People's Court. The reconsideration organ shall make a reconsideration decision within sixty days from the date of receipt of the application for reconsideration. If the party concerned is not satisfied with the reconsideration decision, he or she may, within fifteen days from the date of receipt of the reconsideration decision, file a lawsuit in the People's Court. If the reconsideration organ fails to make a reconsideration decision within a certain period of time, the party concerned may, within fifteen days from the date of expiry of the period of reconsideration, bring an action in the people's court. If the party concerned does not apply for reconsideration or sue in the People's Court after the expiration of the period, and does not fulfill the decision on punishment, the organ that made the decision on punishment may apply to the People's Court for compulsory execution.
Chapter VI Supplementary Provisions
Article 49 This Law shall come into force on February 1, 1995, and shall be implemented as of the same date. Where the contents of the laws and regulations on deceptive advertisements enacted before the implementation of this Law are in conflict with the Standing Committee of this Law, this Law shall prevail.