The Advertising Law of the People's Republic of China
The Chapter 1 General Principles
II: In order to regulate the current advertising activities, promote the healthy development of the advertising industry, protect the legitimate rights and interests of consumers, safeguard the society Economic order, give play to the positive role of advertising in the socialist market economy, and formulate this law. It advertisers, advertising operators, and advertising publishers shall comply with this law in the territory of the People's Republic of China. The advertisement referred to in this law refers to the commercial advertisement that the commodity operator or service provider bear the cost and directly or indirectly introduce the commercial advertisements that they sell through a certain medium and form. The advertisers referred to in this law refer to legal persons, other economic organizations or individuals who have or entrusted others to design, produce or publish advertisements for the sale of goods or provide services. Advertising operators referred to in this law refer to legal persons, other economic organizations or individuals who have been commissioned to provide advertising design, production, agency services. The advertising publisher referred to in this law refers to the legal person or other economic organizations that publish an advertising or other economic organizations entrusted by advertisers or advertisers. It advertisements shall be true and legal, which meets the requirements of the construction of socialist spiritual civilization. Itte advertisements shall not contain false content, and shall not deceive or mislead consumers. The 5 of the advertisers, advertising operators, and advertising publishers engaged in advertising activities. They shall abide by laws and administrative regulations and follow the principles of fairness and honesty. The industrial and commercial administrative department of the people's government at or above the county level is an advertising supervision and management authority. Il chapter advertising guidelines 7 Advertising content should be beneficial 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 social morality and professional ethics, safeguard the country Dignity and interests. Advertising must not have the following situations: (1) the use of the national flag, national emblem, and national anthem of the People's Republic of China; ) Obstructing social stability, harming people's body, property security, and harming public interests of society; (5) hindering public order and violation of the goodness of society; (6) content containing obscene, superstition, horror, violence, ugliness; , Race, religion, gender discrimination; (8) the protection of environmental and natural resources; (9) other circumstances stipulated in laws and administrative regulations. Id advertisements shall not damage the physical and mental health of minors and disabled. It advertisements to the performance, place, use, quality, price, producer, validity period, allowance or service content, form, quality, price, and promise of service in the advertisement. Essence The advertisement shows that the promotion of goods and providing gifts with services will be marked as a variety and quantity to indicate the gift. It advertisement data, statistical data, survey results, abstracts, and quotes shall be true, accurate, and indicate the source. Is that involve patented products or patent methods involving patent products in advertisements shall be marked with patent numbers and patent categories. Those who have not obtained patent rights shall not lie in the advertisement that patent rights are obtained. The use of patent applications that have not awarded patent rights and patent advertisements that have been terminated, revoked, and invalidated. The advertisement shall not degrade the goods or services of other production and operators. The advertisement should be recognizable and can make consumers debate as advertisements. Volkswagen Communication Medias cannot publish advertisements in the form of news reports. Advertising published through Volkswagen Communication Media should have advertising marks, which are different from other non -advertising information, and consumers shall not make consumers misunderstand. Thetecora and medical device advertisements must not have the following content: (1) the disconnection or guarantee containing unscientific exponent effects; (2) explain the healing rate or efficiency; The efficacy and safety comparison of other drugs and medical devices; (4) use the name and image of medical scientific research units, academic institutions, medical institutions, medical institutions or experts, doctors, and patients; Other content. The content of drug advertisements must be subject to the instructions approved by the health administrative department of the State Council or the health administrative department of the province, autonomous region, and municipality directly under the Central Government. The state stipulated that in the guidance of a doctor's treatment drug advertisement, "purchase and use according to the doctor's prescription" must be indicated. The special drugs such as anesthesia drugs, psychotropic drugs, toxic drugs, and radioactive drugs shall not be used as advertisements. Article 17 Pesticide advertisements shall not have the following contents: (1) Use non -toxic, harmless, etc. The absolute interruption of safety; (2) 3) The text, language or pictures that contain the rules that violate the security of pesticides; (4) Other content stipulated in laws and administrative regulations. The (18th Broadcasting, movies, television, newspapers, and journals forbidden to publish tobacco ads. It is forbidden to set up tobacco advertisements in public places such as various types of rooms, theater, conference halls, and sports venues. Tobacco ads must indicate "smoking harmful health" Article 19 The content of food, alcohol, and cosmetics advertisements must be in line with hygiene permits, and do not use medical terms or words that are easily confused with drugs. The Chapter 3 Advertising Campaign Iticulsive advertisers, advertising operators, and advertising publishers shall establish written contracts in accordance with the law in accordance with the law to clarify the rights and obligations of all parties. The (21 (21st, advertisers, advertising operators, and advertising publishers shall not make any form of improper competition in advertising activities. It 22 The advertisers themselves or entrust others to design, produce, and release advertisements. It 23 Admiration of advertisers to design, produce, and publish advertisements shall entrust advertising operators and advertising publishers with legitimate business qualifications. It 24 advertisers should be designed, produced, and published by others by themselves or entrust others to design, produce, and publish advertisements. ; (2) The certification documents issued by the quality inspection agency on the quality content of the product in the advertisement; In accordance with the provisions of Article 34 of this Law, if an advertisement is required to be reviewed by the relevant administrative department, the relevant approval documents shall also be provided. It, if advertisers or advertisers use the names and images of others in the advertisement, they shall obtain written consent of others in advance; the name and image of those who have no civil behavior and restrict civilian behavior capabilities shall be used. It should obtain the written consent of the guardian in advance. It 26 Entering advertising operations shall have necessary professional and technical personnel and production equipment, and handle the company or advertising operation registration in accordance with the law to engage in advertising activities. The advertising business of radio, television stations, and newspapers and publishing units shall be handled by its agencies specializing in advertising business, and registered for part -time advertising in accordance with the law. It 27 Advertising operators and advertising publishers check relevant certification documents in accordance with laws and administrative regulations and verify the content of advertising. For advertisements with poor content or proof documents, advertising operators shall not provide design, production, and agency services, and advertising publishers shall not publish it. It 28 Advertising operators and advertising publishers In accordance with relevant state regulations, establish and improve the acceptance, review, and archive management system of advertising business. It 199 Advertising charges shall be reasonable and disclosed, and the charging standards and charging methods shall be filed with the price and industrial and commercial administrative department. Advertising operators and advertising publishers shall announce their charging standards and fees. It the medium coverage, ratings, and distribution of advertising publishers to advertisers and advertising operators shall be true. It 31 Laws, administrative regulations stipulate the prohibited production, sales of goods or services provided, and the prohibition of advertising products or services shall not be designed, produced, or published. It with one of the following circumstances, outdoor advertisements shall be set up: (1) Those who use traffic safety facilities and traffic signs; (3) Obstructing producers or people's lives and harming the appearance of the city; (4) the construction control zone of state organs, cultural relics protection units and famous attractions; (5) Essence 33 The planning and management measures for outdoor advertising shall be formulated by local people's governments at or above the local county level. Chapter 4 Advertising Examination It 34 Advertising, medical devices, pesticides, veterinary drugs and other media with radio, movies, television, newspapers, newspapers, journals, and other media Other advertisements that are stipulated in the regulations shall be reviewed in accordance with relevant laws and administrative regulations (hereinafter referred to as the advertising review authority) before issuing before issuance; the advertising content shall not be released without review. 35 The advertisers apply for advertising review and shall submit relevant certification documents to the advertising review authority in accordance with laws and administrative regulations. The advertising review agency shall make a review and decision in accordance with laws and administrative regulations. 36 Any unit or individual shall not forge, exchange or transfer advertising review decision documents. Chapter 5 Legal Responsibility 37 If the provisions of this Law are violated and uses advertisements to make false publicity on goods or services, the advertising supervision and management organs shall order advertisers Public correction and eliminate the impact within the corresponding range, and the advertising costs of more than five times more than five times; the responsible advertising operators and advertising publishers confiscate the advertising costs, and the advertising costs are doubled or less than five times more fines. ; If the circumstances are serious, the advertising business is stopped according to law. Constitute a crime, be held criminally responsible. It 38 violations of the provisions of this Law, publish false advertisements, deceive and mislead consumers, and damage the legitimate rights and interests of consumers who purchase goods or receive services. If the publisher of the advertisement knows that or if it should be designed, produced and published in the false advertisement, it shall bear the joint responsibility in accordance with the law. If advertising operators and advertising publishers cannot provide the real name and address of advertisers, they shall bear all civil liability. Social organizations or other organizations recommend commodities or services to consumers in false advertisements to damage the legitimate rights and interests of consumers, shall bear joint responsibility in accordance with the law. 39 If the advertisement violates the provisions of Article 7 of this Law, the advertising supervision and management organs shall order advertisers, advertising operators, and advertising publishers who are responsible for responsible. The cost, which is fined more than five times the cost of advertising; if the circumstances are serious, the advertising business is stopped according to law. Constitute a crime, be held criminally responsible. Ilier 40 If an advertisement violates Article 9 to 12 of this Law, the advertising supervision organs shall order advertisers, advertising operators, and advertising publishers who shall be ordered to stop publishing and correct correction. Confering advertising costs can be fined more than five times the cost of advertising. If an advertisement violates the provisions of Article 13 of the Law, the advertising supervision organs shall order the advertising publisher to make corrections and impose a fine of more than 10,000 yuan to 10,000 yuan. It 41 The provisions of Article 14 to Article 14, No. 17, and 19 of this Law shall be issued, or advertisements for drugs, medical devices, pesticides, food, alcohol, cosmetics, or violations of this law. Article 31 If advertising is published, advertising supervision and management shall be ordered to be responsible for advertisers, advertising operators, and advertising publishers who are responsible for correction or stop publishing. Fined fines; if the circumstances are serious, the advertising business is stopped according to law. The Article 42 violates the provisions of Article 18 of this Law, uses radio, movies, television, newspapers, and periodicals to publish tobacco advertisements, or tooth advertisements in public places, shall be ordered by the advertising supervision and management authority to be ordered Subjects, advertisers, advertising operators, and advertising publishers who have stopped publishing and confiscated advertising costs, which can be fined more than five times more than five times the advertising costs. It 43 The provisions of Article 34 of the Law, if an advertisement is issued without the review and approval of the advertising review authority, the advertising supervision organs shall order advertisers, advertising operators, and advertisements of responsible responsibilities. Publisher stopped publishing, confiscated advertising costs, and punished the advertising costs of more than five times more than five times. If 44 If an advertiser provides false certification documents, the advertising supervision organs shall be fined 10,000 yuan and 100,000 yuan. For falsifying, altered, or transferring advertising review decision documents, the advertising supervision organs confiscate illegal income and impose a fine of 10,000 yuan and 100,000 yuan. Constitute a crime, be held criminally responsible. It 45 If the advertising review authority shall make a review and approval of the illegal advertising content, the person in charge and other direct responsible persons who are directly responsible shall shall give administrative sanctions by their units, higher authorities, and administrative supervision departments in accordance with the law according to law. Essence It 46 The staff of the advertising supervision and management authority and the advertising review authority neglect their duties, abuse their powers, and have private fraud, and give administrative sanctions. Constitute a crime, be held criminally responsible. It 47 Advertisers, advertising operators, and advertising publishers violate the provisions of this Law and have one of the following infringements shall assume civil liability according to law: (1) harming minors or disabled people in advertisements The physical and mental health; (2) the patent of others; (3) degradation of the goods or services of other production and operators; (4) those who use the name and image of others without consent; of. It 48 If the parties do not accept the administrative penalty decision, they may apply for reconsideration of the higher -level organs of the agency that will make a penalty decision within 15 days from the date of receiving the punishment notice; The people's court directly sued the people's court within 15 days from the day of the notice. The reconsideration agency shall make a review decision within 60 days from the date of receiving the application. If the parties are not convinced by the decision of the reconsideration, they may sue to the people's court within 15 days from the date of receiving the re -review decision. If the reconsideration agency does not make a decision on the time limit for reconsideration, the parties may sue to the people's court within 15 days from the expiration of the reconsideration period. If the parties do not apply for reconsideration or sue to the people's court overdue, and do not fulfill the penalty decision, the organs that make a penalty decision may apply for the people's court for compulsory implementation. The chapter 6 attached 49 This law shall be implemented from February 1, 1995. If the content of other advertisements formulated before the implementation of this law does not match the content of the law and regulations of the advertisement, the law shall prevail.
The Advertising Law of the People's Republic of China
The Chapter 1 General Principles
II: In order to regulate the current advertising activities, promote the healthy development of the advertising industry, protect the legitimate rights and interests of consumers, safeguard the society Economic order, give play to the positive role of advertising in the socialist market economy, and formulate this law.
It advertisers, advertising operators, and advertising publishers shall comply with this law in the territory of the People's Republic of China. The advertisement referred to in this law refers to the commercial advertisement that the commodity operator or service provider bear the cost and directly or indirectly introduce the commercial advertisements that they sell through a certain medium and form. The advertisers referred to in this law refer to legal persons, other economic organizations or individuals who have or entrusted others to design, produce or publish advertisements for the sale of goods or provide services. Advertising operators referred to in this law refer to legal persons, other economic organizations or individuals who have been commissioned to provide advertising design, production, agency services. The advertising publisher referred to in this law refers to the legal person or other economic organizations that publish an advertising or other economic organizations entrusted by advertisers or advertisers.
It advertisements shall be true and legal, which meets the requirements of the construction of socialist spiritual civilization.
Itte advertisements shall not contain false content, and shall not deceive or mislead consumers.
The 5 of the advertisers, advertising operators, and advertising publishers engaged in advertising activities. They shall abide by laws and administrative regulations and follow the principles of fairness and honesty.
The industrial and commercial administrative department of the people's government at or above the county level is an advertising supervision and management authority.
Il chapter advertising guidelines
7 Advertising content should be beneficial 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 social morality and professional ethics, safeguard the country Dignity and interests. Advertising must not have the following situations: (1) the use of the national flag, national emblem, and national anthem of the People's Republic of China; ) Obstructing social stability, harming people's body, property security, and harming public interests of society; (5) hindering public order and violation of the goodness of society; (6) content containing obscene, superstition, horror, violence, ugliness; , Race, religion, gender discrimination; (8) the protection of environmental and natural resources; (9) other circumstances stipulated in laws and administrative regulations.
Id advertisements shall not damage the physical and mental health of minors and disabled.
It advertisements to the performance, place, use, quality, price, producer, validity period, allowance or service content, form, quality, price, and promise of service in the advertisement. Essence The advertisement shows that the promotion of goods and providing gifts with services will be marked as a variety and quantity to indicate the gift.
It advertisement data, statistical data, survey results, abstracts, and quotes shall be true, accurate, and indicate the source.
Is that involve patented products or patent methods involving patent products in advertisements shall be marked with patent numbers and patent categories. Those who have not obtained patent rights shall not lie in the advertisement that patent rights are obtained. The use of patent applications that have not awarded patent rights and patent advertisements that have been terminated, revoked, and invalidated.
The advertisement shall not degrade the goods or services of other production and operators.
The advertisement should be recognizable and can make consumers debate as advertisements. Volkswagen Communication Medias cannot publish advertisements in the form of news reports. Advertising published through Volkswagen Communication Media should have advertising marks, which are different from other non -advertising information, and consumers shall not make consumers misunderstand.
Thetecora and medical device advertisements must not have the following content: (1) the disconnection or guarantee containing unscientific exponent effects; (2) explain the healing rate or efficiency; The efficacy and safety comparison of other drugs and medical devices; (4) use the name and image of medical scientific research units, academic institutions, medical institutions, medical institutions or experts, doctors, and patients; Other content.
The content of drug advertisements must be subject to the instructions approved by the health administrative department of the State Council or the health administrative department of the province, autonomous region, and municipality directly under the Central Government. The state stipulated that in the guidance of a doctor's treatment drug advertisement, "purchase and use according to the doctor's prescription" must be indicated.
The special drugs such as anesthesia drugs, psychotropic drugs, toxic drugs, and radioactive drugs shall not be used as advertisements.
Article 17 Pesticide advertisements shall not have the following contents: (1) Use non -toxic, harmless, etc. The absolute interruption of safety; (2) 3) The text, language or pictures that contain the rules that violate the security of pesticides; (4) Other content stipulated in laws and administrative regulations.
The (18th Broadcasting, movies, television, newspapers, and journals forbidden to publish tobacco ads. It is forbidden to set up tobacco advertisements in public places such as various types of rooms, theater, conference halls, and sports venues. Tobacco ads must indicate "smoking harmful health"
Article 19 The content of food, alcohol, and cosmetics advertisements must be in line with hygiene permits, and do not use medical terms or words that are easily confused with drugs.
The Chapter 3 Advertising Campaign
Iticulsive advertisers, advertising operators, and advertising publishers shall establish written contracts in accordance with the law in accordance with the law to clarify the rights and obligations of all parties.
The (21 (21st, advertisers, advertising operators, and advertising publishers shall not make any form of improper competition in advertising activities.
It 22 The advertisers themselves or entrust others to design, produce, and release advertisements.
It 23 Admiration of advertisers to design, produce, and publish advertisements shall entrust advertising operators and advertising publishers with legitimate business qualifications.
It 24 advertisers should be designed, produced, and published by others by themselves or entrust others to design, produce, and publish advertisements. ; (2) The certification documents issued by the quality inspection agency on the quality content of the product in the advertisement; In accordance with the provisions of Article 34 of this Law, if an advertisement is required to be reviewed by the relevant administrative department, the relevant approval documents shall also be provided.
It, if advertisers or advertisers use the names and images of others in the advertisement, they shall obtain written consent of others in advance; the name and image of those who have no civil behavior and restrict civilian behavior capabilities shall be used. It should obtain the written consent of the guardian in advance.
It 26 Entering advertising operations shall have necessary professional and technical personnel and production equipment, and handle the company or advertising operation registration in accordance with the law to engage in advertising activities. The advertising business of radio, television stations, and newspapers and publishing units shall be handled by its agencies specializing in advertising business, and registered for part -time advertising in accordance with the law.
It 27 Advertising operators and advertising publishers check relevant certification documents in accordance with laws and administrative regulations and verify the content of advertising. For advertisements with poor content or proof documents, advertising operators shall not provide design, production, and agency services, and advertising publishers shall not publish it.
It 28 Advertising operators and advertising publishers In accordance with relevant state regulations, establish and improve the acceptance, review, and archive management system of advertising business.
It 199 Advertising charges shall be reasonable and disclosed, and the charging standards and charging methods shall be filed with the price and industrial and commercial administrative department. Advertising operators and advertising publishers shall announce their charging standards and fees.
It the medium coverage, ratings, and distribution of advertising publishers to advertisers and advertising operators shall be true.
It 31 Laws, administrative regulations stipulate the prohibited production, sales of goods or services provided, and the prohibition of advertising products or services shall not be designed, produced, or published.
It with one of the following circumstances, outdoor advertisements shall be set up: (1) Those who use traffic safety facilities and traffic signs; (3) Obstructing producers or people's lives and harming the appearance of the city; (4) the construction control zone of state organs, cultural relics protection units and famous attractions; (5) Essence
33 The planning and management measures for outdoor advertising shall be formulated by local people's governments at or above the local county level.
Chapter 4 Advertising Examination
It 34 Advertising, medical devices, pesticides, veterinary drugs and other media with radio, movies, television, newspapers, newspapers, journals, and other media Other advertisements that are stipulated in the regulations shall be reviewed in accordance with relevant laws and administrative regulations (hereinafter referred to as the advertising review authority) before issuing before issuance; the advertising content shall not be released without review.
35 The advertisers apply for advertising review and shall submit relevant certification documents to the advertising review authority in accordance with laws and administrative regulations. The advertising review agency shall make a review and decision in accordance with laws and administrative regulations.
36 Any unit or individual shall not forge, exchange or transfer advertising review decision documents.
Chapter 5 Legal Responsibility
37 If the provisions of this Law are violated and uses advertisements to make false publicity on goods or services, the advertising supervision and management organs shall order advertisers Public correction and eliminate the impact within the corresponding range, and the advertising costs of more than five times more than five times; the responsible advertising operators and advertising publishers confiscate the advertising costs, and the advertising costs are doubled or less than five times more fines. ; If the circumstances are serious, the advertising business is stopped according to law. Constitute a crime, be held criminally responsible.
It 38 violations of the provisions of this Law, publish false advertisements, deceive and mislead consumers, and damage the legitimate rights and interests of consumers who purchase goods or receive services. If the publisher of the advertisement knows that or if it should be designed, produced and published in the false advertisement, it shall bear the joint responsibility in accordance with the law. If advertising operators and advertising publishers cannot provide the real name and address of advertisers, they shall bear all civil liability. Social organizations or other organizations recommend commodities or services to consumers in false advertisements to damage the legitimate rights and interests of consumers, shall bear joint responsibility in accordance with the law.
39 If the advertisement violates the provisions of Article 7 of this Law, the advertising supervision and management organs shall order advertisers, advertising operators, and advertising publishers who are responsible for responsible. The cost, which is fined more than five times the cost of advertising; if the circumstances are serious, the advertising business is stopped according to law. Constitute a crime, be held criminally responsible.
Ilier 40 If an advertisement violates Article 9 to 12 of this Law, the advertising supervision organs shall order advertisers, advertising operators, and advertising publishers who shall be ordered to stop publishing and correct correction. Confering advertising costs can be fined more than five times the cost of advertising. If an advertisement violates the provisions of Article 13 of the Law, the advertising supervision organs shall order the advertising publisher to make corrections and impose a fine of more than 10,000 yuan to 10,000 yuan.
It 41 The provisions of Article 14 to Article 14, No. 17, and 19 of this Law shall be issued, or advertisements for drugs, medical devices, pesticides, food, alcohol, cosmetics, or violations of this law. Article 31 If advertising is published, advertising supervision and management shall be ordered to be responsible for advertisers, advertising operators, and advertising publishers who are responsible for correction or stop publishing. Fined fines; if the circumstances are serious, the advertising business is stopped according to law.
The Article 42 violates the provisions of Article 18 of this Law, uses radio, movies, television, newspapers, and periodicals to publish tobacco advertisements, or tooth advertisements in public places, shall be ordered by the advertising supervision and management authority to be ordered Subjects, advertisers, advertising operators, and advertising publishers who have stopped publishing and confiscated advertising costs, which can be fined more than five times more than five times the advertising costs.
It 43 The provisions of Article 34 of the Law, if an advertisement is issued without the review and approval of the advertising review authority, the advertising supervision organs shall order advertisers, advertising operators, and advertisements of responsible responsibilities. Publisher stopped publishing, confiscated advertising costs, and punished the advertising costs of more than five times more than five times.
If 44 If an advertiser provides false certification documents, the advertising supervision organs shall be fined 10,000 yuan and 100,000 yuan. For falsifying, altered, or transferring advertising review decision documents, the advertising supervision organs confiscate illegal income and impose a fine of 10,000 yuan and 100,000 yuan. Constitute a crime, be held criminally responsible.
It 45 If the advertising review authority shall make a review and approval of the illegal advertising content, the person in charge and other direct responsible persons who are directly responsible shall shall give administrative sanctions by their units, higher authorities, and administrative supervision departments in accordance with the law according to law. Essence
It 46 The staff of the advertising supervision and management authority and the advertising review authority neglect their duties, abuse their powers, and have private fraud, and give administrative sanctions. Constitute a crime, be held criminally responsible.
It 47 Advertisers, advertising operators, and advertising publishers violate the provisions of this Law and have one of the following infringements shall assume civil liability according to law: (1) harming minors or disabled people in advertisements The physical and mental health; (2) the patent of others; (3) degradation of the goods or services of other production and operators; (4) those who use the name and image of others without consent; of.
It 48 If the parties do not accept the administrative penalty decision, they may apply for reconsideration of the higher -level organs of the agency that will make a penalty decision within 15 days from the date of receiving the punishment notice; The people's court directly sued the people's court within 15 days from the day of the notice. The reconsideration agency shall make a review decision within 60 days from the date of receiving the application. If the parties are not convinced by the decision of the reconsideration, they may sue to the people's court within 15 days from the date of receiving the re -review decision. If the reconsideration agency does not make a decision on the time limit for reconsideration, the parties may sue to the people's court within 15 days from the expiration of the reconsideration period. If the parties do not apply for reconsideration or sue to the people's court overdue, and do not fulfill the penalty decision, the organs that make a penalty decision may apply for the people's court for compulsory implementation.
The chapter 6 attached
49 This law shall be implemented from February 1, 1995. If the content of other advertisements formulated before the implementation of this law does not match the content of the law and regulations of the advertisement, the law shall prevail.
In the reference carefully