Chapter I General Principles
Article 1 This Law is formulated with a view to standardizing advertising activities, promoting the healthy development of 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 in People's Republic of China (PRC). 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 own expense. Advertisers mentioned in this Law refer to legal persons, other economic organizations or individuals who design, produce or act as agents for the purpose of selling 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 and 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 publishers and those engaged 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 morality and professional ethics, and safeguard the dignity and interests of the country. Advertising shall not have the following circumstances:
(a) the use of the national flag, national emblem and national anthem of the people of China;
(2) Using the names of state organs and functionaries of state organs;
(three) the use of national, highest, best and other terms;
(four) hinder social stability, endanger personal and property safety, harm the public interest.
(5) Obstructing public order and violating good social customs;
(6) Containing obscenity, superstition, terror, violence and ugliness;
(seven) the content of ethnic, racial, religious and gender discrimination;
(eight) hinder 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 persons.
Article 9 Advertisements indicating the performance, origin, use, quality, price, producer, expiration date and commitment of commodities or the content, form, quality, price and commitment of services shall be clear and definite. If the advertisement indicates that the sale of goods or the provision of services are accompanied by gifts, it shall indicate the variety and quantity of the gifts.
Article 10 The data, statistics, survey results, abstracts and quotations used in advertisements shall be true and accurate, and the source shall be indicated.
Article 11 Where an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated. Those who have not obtained the patent right shall not lie in advertisements that they have obtained the patent right. 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 recognize it as an advertisement. The mass media shall not publish advertisements in the form of news reports. Advertisements published through the mass media shall be marked with advertising signs, which are different from other non-advertising information and shall not mislead consumers.
Article 14 Advertisements 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 the efficacy and safety of other commodities and medical devices;
(4) using the names and images of medical research institutions, academic institutions, medical institutions or experts, doctors, eloquence, etc. 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. Advertisements for therapeutic drugs that should be used under the guidance of doctors as stipulated by the state must indicate "purchase and use according to doctors' prescriptions".
Sixteenth narcotic drugs, psychotropic drugs, toxic drugs, radioactive drugs and other special commodities shall not be advertised.
Seventeenth pesticide advertisements shall not contain the following contents:
(a) the use of non-toxic, harmless, etc. to express the absolute assertion of safety;
(2) containing 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.
Eighteenth prohibit the use of radio, film, television, newspapers and periodicals to publish tobacco advertisements. It is forbidden to set up tobacco advertisements in various waiting places, theaters, conference halls, stadiums and other public places. 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 hygiene licensing items, and medical terms or terms confused with local medicines shall not be used.
Chapter III Advertising Activities
Article 20 Advertisers, advertising agents and publishers shall sign written contracts in advertising activities according to law to clarify the rights and obligations of all parties.
Article 21 Advertisers, advertising agents and publishers shall not engage in any form of unfair competition in advertising activities.
Article 22 An advertiser shall design, produce and publish advertisements by himself or by entrusting others, and the products or services he sells 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.
Twenty-fourth advertisers themselves or entrust others to design, produce and publish advertisements, shall have or provide the following authentic, legal and effective documents.
(a) business license and other production and operation qualification documents;
(two) the certification documents issued by the quality inspection agency that the advertising content involves the quality of goods;
(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.
Twenty-fifth advertisers or advertising agents who use the names and images of others in advertisements shall obtain the written consent of others in advance; The use of the name or honor of a person with no capacity for civil conduct or a person with limited capacity for civil conduct shall be subject to the prior written consent of his guardian.
Twenty-sixth to engage in advertising business, you should have the necessary professional and technical personnel and production equipment, and register the company or advertising business according to law before you can engage in advertising activities. The advertising business of radio stations, television stations and newspaper 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 documents and verify the contents of advertisements in accordance with laws and administrative regulations. Advertisers with false contents or incomplete supporting documents may not provide design, production or agency services, and advertisement publishers may not publish them.
Twenty-eighth advertising agents and publishers shall, in accordance with the relevant provisions of the state, establish and improve the registration, examination and file management system of advertising business.
Twenty-ninth advertising fees should be reasonable and open, and the charging standards and methods should be filed with the administrative department for industry and commerce. Advertising agents and publishers should praise their charging standards and methods.
Thirtieth advertising publishers to advertisers, advertising operators to provide media coverage, ratings, circulation and other information should be true.
Thirty-first laws and administrative regulations prohibit the production and sale of goods or services, prohibit advertising for goods or services, and may not design, produce or publish advertisements.
Thirty-second in any of the following circumstances, outdoor advertising shall not be set up:
(a) the use of traffic safety facilities, traffic signs;
(two) affect the use of municipal public facilities, traffic safety facilities and traffic signs;
(three) hinder the production or people's life, damage the appearance of the city;
(four) the construction control zone of state organs, cultural relics protection units and scenic spots;
(5) Outdoor advertisements prohibited by local people's governments at or above the county level.
Thirty-third outdoor advertising planning and management measures shall be formulated by the local people's governments at or above the county level to organize advertising supervision and management, urban construction, environmental protection, public security and other relevant departments.
Chapter IV Advertising Review
Article 34 Advertisements for drugs, medical devices, pesticides, veterinary drugs and other commodities and other advertisements that should be censored according to laws and administrative regulations should be published by radio, movies, television, newspapers, periodicals and other media. Before publication, the relevant administrative departments (hereinafter referred to as the advertising censorship organs) must examine the contents of advertisements in accordance with the provisions of relevant laws and administrative regulations. Without review, it shall not be published.
Article 35 An advertiser applying for advertisement examination shall submit relevant certification documents to the advertisement examination organ in accordance with the provisions of laws and administrative regulations. The advertising examination organ shall
When making a review decision in accordance with laws and administrative regulations.
Article 36 No unit or individual may forge, alter or transfer the decision document of advertisement examination.
Chapter V Legal Liability
Article 37 Anyone who, in violation of the provisions of this Law, uses advertisements to make false propaganda of goods or services shall be ordered by the advertising supervision department to stop publishing, and shall publicly correct and eliminate the influence within the corresponding scope, and bear the same advertising expenses. 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 industry according to law
Service. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 38 Advertisers who, in violation of the provisions of this Law, publish false advertisements, deceive and mislead consumers, and damage the legitimate rights and interests of consumers in purchasing goods or receiving services shall bear civil liability according to law; Advertising agents and publishers who design, produce and publish advertisements knowing or should know that advertisements are false shall bear joint liability according to law. Advertising agents and publishers who cannot provide the real name and address of advertisers shall 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 liability according to law.
Article 39 Where an 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 publishers to stop publishing, 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 40 Where an 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 of not less than one time but not more than five times the advertising expenses. Where an advertisement 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 1,000 yuan but not more than 10,000 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 Article 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 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 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 more than 1 10,000 yuan and less than100,000 yuan. Anyone who forges, alters or transfers the decision on advertising examination shall be confiscated by the advertising supervision and administration organ, and shall be fined 1 10,000 yuan or more110,000 yuan or less. 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 advertisements, 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 Staff members of advertising supervision and administration organs and advertising examination organs who neglect their duties, abuse their powers or engage in malpractices for personal gain shall be given administrative sanctions according to law. 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.
(a) the advertisement damages the physical and mental health of minors or disabled people;
(two) counterfeiting the patent of others;
(three) belittle the goods or services of other producers and operators;
(4) Using another person's name or image in advertisements without consent;
(five) other violations of the legitimate civil rights and interests of others.
Forty-eighth if a party refuses to accept the decision on administrative punishment, it may, within fifteen 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 bring a suit directly to the people's court within 15 days from the date of receiving the penalty notice. The reconsideration organ shall make a reconsideration decision within 60 days from the date of receiving the application for reconsideration. If a party refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days after receiving the reconsideration decision. If the reconsideration organ fails to make a reconsideration decision within the time limit, the party concerned may bring a lawsuit to the people's court within 15 days after the expiration of the reconsideration period. If the party concerned neither applies for reconsideration nor brings a suit in a people's court within the time limit, nor complies with 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 as of February 1 2005. If the contents of laws and regulations on fraudulent advertisements enacted before the implementation of this Law conflict with the provisions of the Standing Committee of this Law, this Law shall prevail.