Just recently, the General Administration of Market Supervision announced the "Internet Advertising Management Measures", "Measures" will come into force on May 1st.
The Measures further clarify the responsibilities of advertisers, Internet advertising operators and publishers, and Internet information service providers; they actively respond to social concerns, and regulate pop-up ads, open-screen ads, and the use of smart devices to publish advertisements, which have been the focus of people's reactions.
Detailed the rules for regulating advertisements in key areas such as "soft advertisements", Internet advertisements containing links, bidding ranking advertisements, advertisements published by algorithmic recommendation, advertisements published by live broadcasting on the Internet, and advertisements subject to review in disguise; and added new provisions on the jurisdiction of advertisement spokespersons, which provides important institutional safeguards for strengthening the regulation and enforcement of Internet advertisements. The new provisions on the jurisdiction of advertising spokespersons provide important institutional safeguards for strengthening the supervision and enforcement of Internet advertising, and also give new impetus to the standardized and orderly development of the Internet advertising industry.
Specifically, the Measures make the following provisions:
These advertisements are prohibited
1, laws and administrative regulations prohibit the production and sale of products or services, as well as prohibit the publication of advertisements of goods or services, any unit or individual shall not use the Internet to design, production, agency, advertising.
It is prohibited to use the Internet to publish tobacco (including electronic cigarettes) advertisements. It is prohibited to use the Internet to publish advertisements for prescription drugs; if otherwise provided by laws and administrative regulations, they shall be in accordance with the provisions thereof.
2. It is prohibited to publish advertisements for medical treatment, medicines, medical devices, health food and food formulated for special medical purposes in the form of introducing health and wellness knowledge.
Introduction of health and wellness knowledge shall not appear on the same page or at the same time the address, contact information, shopping links and other content of the relevant medical, pharmaceutical, medical device, health food, special medical use formula food commodity operators or service providers.
3. Advertisements for medical care, medicines, health food, food formulated for special medical purposes, medical devices, cosmetics, alcohol and beauty care, as well as advertisements for online games that are not conducive to the physical and mental health of minors, shall not be published on websites, webpages, Internet applications, public numbers and other Internet media targeting minors.
These advertisements are subject to review:
1. Advertisements that should be reviewed as stipulated by laws and administrative regulations, such as advertisements for medical treatments, medicines, medical devices, pesticides, veterinary medicines, health food products, and food formulas for special medical purposes, should be reviewed by the advertisement reviewing authority for the content of the advertisements prior to release; without such review, the advertisements shall not be released.
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2. Internet advertisements subject to review shall be published in strict accordance with the reviewed content, and shall not be edited, spliced or modified. Advertisements that have been reviewed and approved by the need to change the content, should re-apply for advertising review.
Advertisers shall prominently display "advertisement"
1, Internet advertisements shall be recognizable, enabling consumers to identify them as advertisements.
2, for the bidding ranking of goods or services, advertisers should be significantly marked "advertising", and natural search results clearly distinguishable.
3, in addition to laws and administrative regulations prohibit the publication of advertisements or disguised advertising, through the introduction of knowledge, experience sharing, consumer evaluation and other forms of promotion of goods or services, and shopping links and other means of purchase, the advertisers shall be significantly marked "advertising".
Who is responsible for the authenticity of the content of the advertisement?
Advertisers are responsible for the authenticity of the content of Internet advertisements.
Advertisers who publish Internet advertisements should comply with the requirements of laws and regulations in terms of their qualifications, administrative licenses and citation contents, and the relevant supporting documents should be true, legal and valid.
Advertisers can publish advertisements on their own through self-constructed websites, as well as their own clients, Internet applications, public numbers, web store pages and other Internet media, or they can entrust advertisement operators and advertisement publishers to publish advertisements.
Advertisers who publish Internet advertisements on their own, the advertisement publishing behavior shall comply with the requirements of laws and regulations, and the advertising file shall be established and updated in a timely manner. The relevant files shall be kept for a period of not less than three years from the date of the end of the advertisement publishing behavior.
Advertisers commissioned to publish Internet advertisements, modification of the content of the advertisement shall be in writing or other means that can be identified, and promptly notify the advertisement operators and advertisement publishers who provide services to them.
"Live with goods" how to regulate?
Goods sellers or service providers who promote goods or services through live Internet broadcasting, which constitutes commercial advertising, shall bear the responsibilities and obligations of advertisers in accordance with the law.
The live broadcast operator who accepts the commission to provide advertising design, production, agency and publishing services shall bear the responsibilities and obligations of the advertiser and advertiser in accordance with the law.
Live marketers who accept commissions to provide advertising design, production, agency and publishing services shall assume the responsibilities and obligations of advertising operators and advertising publishers in accordance with the law.
Live marketers in their own name or image of goods, services, recommendations, proof, constituting advertising endorsement, shall bear the responsibilities and obligations of advertising spokesman according to law.
"Ensure one-click closure"
In order to publish Internet advertisements in the form of pop-ups and other forms, advertisers and ad publishers shall prominently mark the closure sign, ensure one-click closure, and shall not have the following circumstances:
1. No closure sign or The advertisement can only be closed when the time is over.
2. The closing sign is false, not clearly recognizable or difficult to locate, etc., which creates obstacles to closing the advertisement.
3. Two or more clicks are required to close an advertisement.
4. In the process of browsing the same page or document, advertisements continue to pop up after closing, affecting the user's normal use of the Internet.
5. Other behaviors that affect one-click closing.
The provisions of the preceding paragraph shall apply to the open screen advertisements displayed and released when starting an Internet application.
Not to mislead users to browse the ads in these ways
Not to deceive and mislead users to click and browse the ads in the following ways:
1. False prompts for system or software updates, errors, cleanups, notifications and so on.
2. False play, start, pause, stop, return and other signs.
3. False promises of rewards.
4. Other ways to deceive and mislead users to click and browse the ads.