One, log on to the website of the State Administration for Market Supervision and Administration (URL:), through the home page of the "Interactive" section of the "Call for Surveys "comments.
Second, send your comments by e-mail to: ggsjd@samr.gov.cn, please add the word "Internet advertising management measures" in the title of the e-mail.
Third, send your comments by letter to: Department of Advertising Supervision, General Administration of Market Supervision, No. 8, Sanlihe East Road, Xicheng District, Beijing, China (Postal Code: 100820), with "Comments on Measures for the Administration of Internet Advertisements" noted on the envelope.
Article 1: These Measures are formulated in accordance with the Advertising Law of the People's Republic of China (hereinafter referred to as the Advertising Law), the E-commerce Law of the People's Republic of China (hereinafter referred to as the E-commerce Law), and other laws and administrative regulations in order to regulate Internet advertising activities, protect the lawful rights and interests of consumers, promote the healthy development of the Internet advertising industry, and safeguard the fair competition and the economic order of the market.
Article 2 In the territory of the People's Republic of China **** and the State, using websites, web pages, Internet applications and other Internet media, in text, pictures, audio, video or other forms, directly or indirectly to promote the commercial advertising activities of goods or services, the provisions of the Advertising Law and these Measures shall apply. In the commercial display, in accordance with the laws, administrative regulations, rules and regulations, as well as the relevant provisions of the State, should provide consumers with the name of the goods or services, specifications, models, grades, prices, methods of use, production methods, precautions and other information, in accordance with its provisions.
Advertisers referred to in Article 3 of these Measures refer to natural persons, legal persons or other organizations that design, produce and publish Internet advertisements on their own or on behalf of others for the purpose of promoting goods or services. Internet advertising operators referred to in these Measures, refers to natural persons, legal persons or other organizations commissioned to provide Internet advertising design, production, agency services. Internet advertising publisher referred to in these Measures means a natural person, legal person or other organization that publishes advertisements for the advertiser or the advertiser entrusted by the advertiser using the Internet media. Internet information service providers referred to in these Measures, refers to the provision of information services through the Internet, not involved in Internet advertising design, production, agency, publishing and other activities of natural persons, legal persons or other organizations.
Article 4 Internet advertising should be true, legal, adhere to the correct direction, with healthy forms of expression to express the content of the advertisement, in line with the construction of socialist spiritual civilization and carry forward the requirements of the Chinese nation's excellent traditional culture. Internet advertising market players should comply with laws, administrative regulations, rules and relevant state regulations, honesty and credit, fair competition.
Article 5 encourages and supports advertising industry organizations to formulate industry norms, self-discipline conventions and relevant standards in accordance with laws, regulations, rules and relevant state regulations, strengthen industry self-discipline, guide various Internet advertising market players to actively practice socialist core values, engage in Internet advertising activities in accordance with the law, promote honesty in the advertising industry and ethical construction, and promote the healthy development of the Internet advertising industry.
Article 6 of the laws and administrative regulations prohibit the production and sale of products or the provision of services, as well as prohibit the publication of advertisements for goods or services, any unit or individual shall not utilize the Internet to design, produce, agent and publish advertisements. The Internet shall not be used to publish advertisements for prescription drugs and tobacco.
Article 7 of the medical, pharmaceuticals, special medical use formulas, medical devices, pesticides, veterinary drugs, health food advertisements, and other laws and administrative regulations shall be subject to the review of the advertisement review authority of the advertisement of special commodities or services shall not be published without review. Advertisements subject to review shall be published strictly in accordance with the reviewed and approved contents, and shall not be edited, spliced, modified, or have links, QR codes or other contents added. If the content of the advertisement that has been reviewed and approved needs to be changed, it shall reapply for the review of the advertisement.
Article VIII of the Internet advertising should be recognizable, enabling consumers to identify it as advertising. Through the Internet media, bidding rankings, news reports, experience sharing, consumer evaluation and other forms, or other forms of additional shopping links to promote goods and services, should be significantly marked "advertising".
Article 9: Internet advertisements released in the form of start-up playback, video insertion, pop-ups, etc., shall be conspicuously marked with a closing sign to ensure one-click closure, and shall not be subject to the following circumstances: (1) there is no closing sign or the closing sign needs to be closed only when the countdown is over; (2) the closing sign is false and cannot be clearly recognized or positioned; (3) the closing of individual advertisements shall be realized after two or more clicks; (4) the closing sign shall not be displayed in the process of browsing the same page, and the closing sign shall not be displayed after two or more clicks. the process of browsing the same page, the advertisement continues to pop up after closing; (e) other behaviors that affect the one-click closing. Users shall not be induced to click on advertisements in a deceptive or misleading manner.
Article 10 shall not use the Internet to publish advertisements for off-campus training for primary and secondary schools and kindergartens. Internet media such as websites, web pages and Internet applications targeting minors shall not be utilized to publish advertisements for medical treatment, medicines, health food, medical devices, cosmetics, alcohol, beauty care, and online game advertisements that are not conducive to the physical and mental health of minors.
Article 11 advertisers shall be responsible for the authenticity and legality of the content of Internet advertising. Advertisers publish Internet advertising subject to identity, administrative licenses, citation content and other supporting documents, should be true, legal and effective. Advertisers can publish advertisements on their own through their own websites or other Internet media with legal right of use, or they can entrust Internet advertisement operators and advertisement publishers to publish advertisements. Advertisers publishing Internet advertisements on their own shall ensure that the publishing channels comply with the requirements of laws and administrative regulations, and fulfill the responsibilities of file management and other responsibilities that should be assumed by the ad publishers in accordance with the law. When an advertiser commissions the publication of an Internet advertisement, the advertiser shall notify the Internet advertisement operator or advertisement publisher that provides services for the advertiser in writing or in other ways that can be recognized when the advertisement content is modified. If an overseas advertiser with no representative office or branch in China publishes or commissions the publication of advertisements for cross-border e-commerce retail imports through a cross-border e-commerce platform, the advertiser shall entrust in writing a domestic market entity that provides information on declaration, payment, logistics and warehousing to the Customs to assume the responsibility of the advertiser.
Article 12 of the Internet advertising operators, publishers shall comply with the following provisions: (a) in accordance with the relevant provisions of the State to establish and improve the Internet advertising business to undertake registration, audit, file management system; (b) audit check and registration of the advertiser's name, address and effective contact information, recording, preservation of advertising activities related to electronic data, the establishment of the registration file and periodic verification (c) check the relevant advertising documents and verify the content of the advertisements; for advertisements with inconsistent content, those for which administrative licenses should be obtained but have not been obtained, or those for which other supporting documents are incomplete, the Internet advertising operators shall not provide design, production and agency services, and the Internet advertising publishers shall not publish them; (d) equip advertising auditors who are familiar with the laws and regulations on advertising and, if possible, provide them with the necessary information to ensure that the advertisers have the necessary knowledge and experience to fulfill their duties. (d) equipped with advertising reviewers familiar with advertising laws and regulations, and where available, shall also set up a specialized agency responsible for the review of Internet advertising; (e) participate in statistical surveys of the advertising industry in accordance with the law, true, accurate, complete and timely provision of statistical information.
Article 13 of the platform operator to provide Internet information services shall take measures to prevent and stop false and illegal advertisements, improve the discovery and disposal of advertisements for illegal and criminal activities to provide advertising and promotion as well as in the advertising services to implant malicious code or insert illegal information technical measures, and comply with the following provisions: (a) record and save the advertisers and Internet advertisement operators, the name of the advertisement publisher, address, contact information, etc., and keep records of relevant information for not less than three years from the date of termination of information service provision; (b) monitor and inspect the content of advertisements displayed and published using its information service, and if it knows or should know that it publishes illegal advertisements, it shall take measures such as notification of correction, deletion, blocking, and disconnection of links, etc., and stop them, as well as keep the relevant records, and, if it involves a violation of law or a crime, report it to the public security organs; (c) establish effective complaint and report acceptance and disposal mechanisms, set up convenient complaint and report entrances or publicize complaint and report methods, and accept and dispose of public complaints and reports in a timely manner; (d) cooperate with market supervision and management departments to carry out monitoring of advertisements in accordance with the law; (e) cooperate with market supervision and management departments to investigate and deal with illegal acts of Internet advertisements in accordance with the law and, according to the requirements of the market supervision and management departments, promptly (e) Adopt technical means to preserve evidence of suspected illegal advertisements, and truthfully provide information such as names, names, contact information of relevant advertisers and Internet advertisement operators and advertisement publishers, relevant records of advertisement modifications, and transaction data of goods or services involved; (f) implement measures such as warning, suspension or termination of services based on the service agreement and rules for the responsible subjects who use its information service to publish false and illegal advertisements, and publicize such measures to the public. service and other measures, and publicize them to the society.
Article 14 utilizes algorithmic recommendation and other means to publish Internet advertisements, and the backstage data of its placement program belongs to the Internet advertising business file. Internet advertising business files and related documents shall be kept for a period of not less than three years from the date of termination of the act of publishing advertisements; if otherwise provided by laws and administrative regulations, in accordance with the provisions thereof.
Article 15 of the use of the Internet to publish and send advertisements shall not affect the user's normal use of the network. Without the user's consent or request, shall not be sent in the user's e-mail or Internet instant messaging information attached to advertising or advertising links, shall not be sent to its transportation, navigation equipment, smart home appliances and other Internet advertising. Advertisements shall not be inserted into users' searches for government service websites and related applications.
Article 16 of the release of Internet advertising containing links, advertisers and Internet advertising operators, advertising publishers should check the content of advertising in the next level of links. If the Internet advertising operator or advertising publisher can prove that it has fulfilled the relevant responsibilities, taken measures to prevent tampering with the contents of the linked advertisements, and provided the real name, address and contact information of the subject of the illegal advertising activity, it may be mitigated, alleviated or not subjected to administrative penalties in accordance with the law.
Article 17 of the Internet live content constitutes commercial advertising, the relevant live room operators, live marketing personnel shall fulfill the responsibilities and obligations of Internet advertising operators, advertising publishers or advertising spokespersons. Internet live broadcast shall not be used to publish medical, pharmaceutical, special medical use formula food, medical equipment or health food advertising.
Article 18 of the Internet advertising violations of administrative penalties imposed by the market supervision and management departments under the jurisdiction of the location of the publisher of the advertisement. If the market supervision and management department of the place where the advertisement publisher is located has difficulty in governing the advertiser, advertisement operator, Internet information service provider and advertisement spokesperson in a different place, it may transfer the violation of law of the advertiser, advertisement operator and Internet information service provider to the market supervision and management department of the place where the advertiser, advertisement operator and Internet information service provider is located for dealing with the situation; and involving the advertisement spokesperson, the The violation of law can be transferred to the advertising spokesman brokerage firm registered, advertising spokesman domicile or residence of the market supervision and management departments to deal with. If the market supervision and management department of the place where the advertiser is located or the place where the advertisement operator is located first discovers the clues of violation of the law or receives a complaint or report, it can also take jurisdiction. The implementation of administrative penalties for the behavior of illegal Internet advertisements published by the advertiser himself shall be under the jurisdiction of the market supervision and management department where the advertiser is located.
Article 19 Market Supervision and Administration Departments may exercise the following powers and functions when investigating and dealing with illegal Internet advertisements: (1) carrying out on-site inspections of premises suspected of engaging in illegal advertising activities; (2) questioning suspected violators, or their legal representatives, principals and other relevant persons, and investigating the relevant units or individuals; (3) requesting the suspected violators to provide the relevant documents; (4) inspecting and copying contracts, bills, account books, advertising works and background data of Internet advertisements related to the suspected illegal advertisements, and confirming the contents of Internet advertisements by taking screenshots, recording screens, saving web pages, taking photographs, making audio recordings and video recordings, etc.; (5) seizing and withholding advertising articles, business tools, equipment and other property directly related to the suspected illegal advertisements; (6) ordering the suspension of the publication of the suspected illegal advertisements that may cause serious consequences; (7) ordering the suspension of the publication of the suspected illegal advertisements that may cause serious consequences. Serious consequences of the suspected illegal advertising; (vii) other powers and functions prescribed by laws and administrative regulations. Market Supervision and Administration Department in accordance with the law to exercise the powers and functions provided for in the preceding paragraph, the party shall assist and cooperate, and shall not refuse, obstruct or conceal the true situation.
Article 20 of the market supervision and management departments of the technical monitoring of Internet advertising record information, can be used as the implementation of administrative penalties for illegal Internet advertising or take administrative measures of electronic data evidence. Article 21 in violation of the provisions of Article 6, paragraph 1 of these measures, the use of Internet advertising to promote the prohibited production, sale of products or provision of services, or prohibited to publish advertisements of goods or services, shall be punished in accordance with the provisions of Article 57, paragraph 5 of the Advertising Law. Violation of the provisions of paragraph 2 of Article 6 of these Measures, the use of the Internet to publish prescription drugs, tobacco advertising, in accordance with the provisions of Article 57 of the Advertising Law shall be punished in accordance with the provisions of the second and fourth.
Article 22 violates the provisions of Article 7 of these Measures, without examination and release of advertisements, or not in accordance with the advertisement examination and approval documents released on the Internet advertising, in accordance with the provisions of Article 58, paragraph 1, paragraph 14 of the Advertising Law shall be punished.
Article 23 Violation of the provisions of Article 8 of these Measures, Internet advertising is not recognizable, in accordance with the provisions of the third paragraph of Article 59 of the Advertising Law shall be punished.
Article 24 violates the provisions of the first paragraph of Article 9 of these Measures, the use of the Internet to publish advertisements, not significantly marked with a sign of closure, to ensure that a key to close, in accordance with the provisions of the second paragraph of Article 62 of the Advertising Law shall be punished. In violation of the provisions of the second paragraph of Article 9 of these Measures, if users are induced to click on the advertisements in a deceptive or misleading manner, the market supervision and management departments at or above the county level shall order rectification, and the responsible advertisers, advertisers, advertisers, and advertisers shall be fined less than three times the amount of their unlawful income, but the maximum amount of which shall not be more than 30,000 yuan; and if there is no such unlawful income, the advertisers shall be fined 10,000 yuan.
Article 25 Violation of the provisions of the first paragraph of Article 10 of these Measures, the use of the Internet to publish advertisements for off-campus training, by the market supervision and management departments at or above the county level shall order correction, the responsible advertisers, advertisers, advertisers shall be fined less than three times the amount of the illegal income, but the maximum amount shall not exceed 30,000 yuan; if there is no illegal income, it shall be fined 10,000 yuan or less, and the laws and administrative regulations shall provide otherwise for the Laws and administrative regulations on law enforcement agencies and legal responsibility are otherwise provided, in accordance with their provisions. Violation of the provisions of the second paragraph of Article 10 of these Measures shall be punished in accordance with the provisions of Article 57, paragraph 6 of the Advertising Law.
Article 26 Violation of the provisions of Article 12 (1), (2), (3) and (14) of these Measures, Internet advertising operators, advertising publishers did not establish and improve the advertising business management system, or did not check the content of the advertisement, shall be punished in accordance with the provisions of Article 60 (1) of the Advertising Law. Violation of the provisions of Article 12, paragraph 5 of these Measures, failure to provide statistical survey information on the advertising industry as required, by the market supervision and management departments at or above the county level shall be ordered to make corrections, and impose a fine of less than 10,000 yuan.
Article 27 of the Internet platform operators in violation of the provisions of the first paragraph of Article 13 of these Measures, in accordance with the e-commerce law and other laws and administrative regulations of the relevant provisions of the penalty. Violation of the provisions of the second paragraph of Article 13 of these measures, Internet platform operators know or should know that Internet advertising activities illegal not to stop, in accordance with the provisions of Article 63 of the Advertising Law shall be punished. Internet platform operators in violation of the provisions of the third, fourth, fifth and sixth items of Article 13 of these Measures, by the market supervision and management departments at or above the county level shall order rectification, the Internet information service provider shall be fined not more than three times the amount of illegal income, but the maximum of not more than 30,000 yuan; there is no illegal income, the penalty shall be a fine of not more than 10,000 yuan.
Article 28 Violation of the provisions of Article 15, paragraphs 1 and 3 of these Measures, affecting the normal use of the network by users, the market supervision and management departments at or above the county level shall order rectification, and impose a fine of not more than three times the amount of the illegal income of the responsible advertiser, advertisement operator and advertisement publisher, but the maximum amount not exceeding 30,000 yuan; if there is no illegal income, the fine shall be not more than 10,000 yuan. Violation of the provisions of the second paragraph of Article 15 of these Measures, without consent to send advertisements, the advertiser in accordance with the provisions of the first paragraph of Article 62 of the Advertising Law shall be punished, the responsible advertising operators, advertising publishers shall be fined up to three times the amount of illegal income, but the maximum amount does not exceed 30,000 yuan; without illegal income, a fine of up to 10,000 yuan.
Article 29 Violation of the provisions of these Measures, does not cooperate with the market supervision and management departments to supervise and inspect, or does not cooperate with the market supervision and management departments to carry out Internet advertising monitoring in accordance with the law, the market supervision and management departments at or above the county level shall order correction, and the responsible advertisers, and Internet advertising operators and advertising publishers shall be fined not more than three times the amount of the illegal income, but the maximum amount shall not be more than 30,000 yuan; there is no illegal income, and shall be fined not more than 10,000 yuan. If there is no illegal income, a fine of not more than ten thousand yuan shall be imposed.
Article 30 of the market supervision and management departments in accordance with the provisions of the Advertising Law and the administrative penalties imposed by the provisions of these Measures shall, in accordance with the law, through the national enterprise credit information disclosure system to the public; meet the conditions, in accordance with the "supervision and management of the market management of the management of the list of serious violations of the relevant provisions of the List of Serious Violations of Law and the List of Serious Violations of Law and the List of Serious Violations of Law. Article 31 These Measures shall come into force on X, X, X. The Interim Measures for the Administration of Internet Advertising published by Decree No. 87 of the State Administration for Industry and Commerce on July 4, 2016 shall be repealed at the same time