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Advertising Law of the People's Republic of China

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Order of the President of the People's Republic of China

22nd

The "Advertising Law of the People's Republic of China" was revised and adopted at the 14th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015. The revised "Advertising Law of the People's Republic of China" will now be published , Effective from September 1, 2015.

President of the People’s Republic of China Xi Jinping

April 24, 2015

 

Advertising Law of the People's Republic of China

(Adopted at the tenth meeting of the Standing Committee of the Eighth National People’s Congress on October 27, 1994   the twelfth session on April 24, 2015

Revised at the 14th meeting of the Standing Committee of the National People's Congress)

 

Table of Contents

Chapter 1   General Provisions

Chapter 2   Advertising Content Guidelines

Chapter 3   Advertising Code of Conduct

Chapter 4   Supervision and Management

Chapter 5   Legal Liability

Chapter 6   Supplementary Provisions

 

Chapter 1   General Provisions

Article 1   In order to regulate advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of the advertising industry, and maintain social and economic order, this law is formulated.

Article 2   Within the territory of the People's Republic of China, this law shall apply to commercial advertising activities in which commodity operators or service providers directly or indirectly introduce the commodities or services they promote through certain media and forms.

Advertisers referred to in this law refer to natural persons, legal persons or other organizations that design, produce, and publish advertisements on their own or by entrusting others to promote goods or services.

The term "advertising operator" in this law refers to a natural person, legal person or other organization that accepts commissions to provide advertising design, production, and agency services.

The term "advertisement publisher" in this Law refers to the natural person, legal person or other organization that publishes advertisements for advertisers or advertising operators entrusted by advertisers.

The advertising spokesperson referred to in this law refers to the natural person, legal person or other organization other than the advertiser who recommends and certifies goods or services in his own name or image in the advertisement.

Article 3   Advertisements should be true and legal, express the contents of advertisements in a healthy form, and meet the requirements of the construction of socialist spiritual civilization and the promotion of the excellent traditional culture of the Chinese nation.

Article 4   Advertisements must not contain false or misleading content, and must not deceive or mislead consumers.

The advertiser shall be responsible for the authenticity of the advertisement content.

Article 5   Advertisers, advertising operators, and advertisement publishers shall abide by laws and regulations, be honest and trustworthy, and compete fairly.

Article 6 The administrative department for industry and commerce of the State Council shall be in charge of advertising supervision and management throughout the country, and the relevant departments of the State Council shall be responsible for advertising management related work within their respective responsibilities.

The local administrative department for industry and commerce at or above the county level is in charge of the advertising supervision and management of its administrative area, and the relevant departments of the local people's government at or above the county level are responsible for advertising management related work within their respective responsibilities.

Article 7 In accordance with laws, regulations, and articles of association, advertising industry organizations formulate industry norms, strengthen industry self-discipline, promote industry development, guide members to engage in advertising activities in accordance with the law, and promote the integrity of the advertising industry.

Chapter 2   Advertising Content Guidelines

Article 8 Advertisements that express the performance, function, origin, use, quality, composition, price, producer, expiration date, promise, etc. of the product or the content, provider, form, quality, price, promise, etc. of the service , Should be accurate, clear and understandable.

Where the advertisements indicate that the goods or services being promoted are accompanied by gifts, the types, specifications, quantities, time limits, and methods of the goods or services included in the gifts shall be clearly stated.

Laws and administrative regulations stipulate that the content of advertisements should be prominently and clearly stated.

Article 9 Ads must not have the following circumstances:

(1) Use or disguised use of the national flag, national anthem, national emblem, military flag, military anthem, and military emblem of the People's Republic of China;

(2) Use or disguised use of the name or image of state organs or staff of state organs;

(3) Use terms such as "national", "superior" and "best";

(4) Damage to the dignity or interests of the country, and reveal state secrets;

(5) Obstructing social stability and harming public interests;

(6) Endanger personal and property safety, and leak personal privacy;

(7) Obstructing public order or violating good social customs;

(8) Content containing obscenity, pornography, gambling, superstition, terror, violence;

(9) Discriminatory content containing ethnicity, race, religion, or sex;

(10) Obstruct the protection of the environment, natural resources or cultural heritage;

(11) Other circumstances prohibited by laws and administrative regulations.

Article 10   Advertising shall not harm the physical and mental health of minors and disabled persons.

Article 11   Where the matters involved in the advertisement content require administrative permission, it shall be consistent with the content of the permission.

Advertising use data, statistics, survey results, abstracts, quotes and other quotations shall be true and accurate, and the source shall be indicated. If the content of the citation has the scope of application and validity period, it should be clearly stated.

Article 12   Where a patented product or patented method is involved in an advertisement, the patent number and patent category shall be indicated.

Those who have not obtained the patent right shall not falsely claim that they have obtained the patent right in the advertisement.

It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked, or invalidated for advertising.

Article 13   Advertisements must not devalue the goods or services of other producers and operators.

Article 14: Advertisements should be identifiable, enabling consumers to identify them as advertisements.

The mass media shall not publish advertisements in disguise in the form of news reports. Advertisements published through the mass media should be clearly marked as "advertisements", distinguish them from other non-advertising information, and must not mislead consumers.

Broadcasting stations and television stations shall abide by the regulations on the duration and method of the relevant departments of the State Council when publishing advertisements, and shall make clear reminders of the duration of advertisements.

Article 15   Special drugs such as narcotic drugs, psychotropic drugs, medical toxic drugs, radioactive drugs, pharmaceutical precursor chemicals, and drugs, medical devices and treatment methods for drug treatment shall not be advertised.

Prescription drugs other than those specified in the preceding paragraph can only be advertised in medical and pharmaceutical publications jointly designated by the health administrative department of the State Council and the drug regulatory department of the State Council.

Article 16   Medical, pharmaceutical, and medical device advertisements shall not contain the following content:

(1) An assertion or guarantee of efficacy and safety;

(2) State the cure rate or effective rate;

(3) Compare the efficacy and safety of other drugs, medical devices, or other medical institutions;

(4) Use advertising spokespersons for recommendation and certification;

(5) Other content prohibited by laws and administrative regulations.

The content of drug advertisements shall not be inconsistent with the instructions approved by the drug regulatory department of the State Council, and shall clearly indicate contraindications and adverse reactions. Advertisements for prescription drugs should clearly indicate "This advertisement is for medical pharmacy professionals only", and advertisements for non-prescription drugs should clearly indicate "Please follow the drug instructions or purchase and use under the guidance of a pharmacist."

Advertisements for medical devices recommended for personal use should be clearly marked "Please read the product manual carefully or purchase and use under the guidance of medical personnel." Where there are contraindications and precautions in the medical device product registration certification documents, the advertisement should clearly indicate "For details of the contraindications or precautions, please refer to the instructions."

Article 17   Except for advertisements for medical treatment, drugs, and medical devices, any advertisements that involve disease treatment functions are prohibited, and medical terms or terms that may confuse the promoted products with drugs and medical devices shall not be used.

Article 18 Health food advertisements shall not contain the following content:

(1) An assertion or guarantee of efficacy and safety;

(2) It involves disease prevention and treatment functions;

(3) Claiming or implying that the advertised product is necessary to protect health;

(4) Compare with medicines and other health foods;

(5) Use advertising spokespersons for recommendations and certification;

(6) Other content prohibited by laws and administrative regulations.

Health food advertisements should clearly indicate "This product cannot replace drugs".

Article 19   Radio stations, television stations, newspapers and audiovisual publishing units, and Internet information service providers shall not disguise advertisements for medical treatment, medicines, medical equipment, and health food in the form of introducing health and health preservation knowledge.

Article 20   It is forbidden to publish advertisements for infant milk products, beverages and other foods that claim to replace breast milk in whole or in part in the mass media or public places.

Article 21 Pesticides, veterinary drugs, feed and feed additives advertisements shall not contain the following content:

(1) An assertion or guarantee of efficacy and safety;

(2) Use the name or image of scientific research units, academic institutions, technology promotion agencies, industry associations, professionals, or users as recommendations and certifications;

(3) Explain the efficiency;

(4) Words, language or pictures that violate the safe use rules;

(5) Other content prohibited by laws and administrative regulations.

Article 22   It is forbidden to publish tobacco advertisements in the mass media or public places, public transportation, or outdoors. It is prohibited to send any form of tobacco advertisement to minors.

It is forbidden to use advertisements and public service advertisements for other goods or services to promote the names, trademarks, packaging, decoration and similar content of tobacco products.

Notices of relocation, name change, and recruitment issued by tobacco product manufacturers or sellers must not contain the name, trademark, packaging, decoration and similar content of the tobacco product.

Article 23 Alcohol advertisements must not contain the following content:

(1) Inducing or encouraging drinking or promoting uncontrolled drinking;

(2) There is an act of drinking;

(3) Performance of driving cars, boats, airplanes and other activities;

(4) Explicitly or implying that drinking alcohol has the effects of eliminating tension and anxiety and increasing physical strength.

Article 24 Education and training advertisements shall not contain the following content:

(1) Make an express or implied guaranteed commitment to enter a higher education, pass an examination, obtain a degree or qualification certificate, or to the effect of education or training;

(2) Explicitly or implying that relevant examination institutions or their staff, and test-setting personnel participate in education and training;

(3) Use the name or image of scientific research units, academic institutions, educational institutions, industry associations, professionals, and beneficiaries for recommendation and certification.

Article 25   Merchants and other advertisements for products or services with expected return on investment shall provide reasonable reminders or warnings about possible risks and risk responsibilities, and shall not contain the following content:

(1) Make guarantee promises for future effects, benefits, or circumstances related to them, express or imply capital preservation, risk-free, or guaranteed return, etc., unless otherwise stipulated by the state;

(2) Use the name or image of academic institutions, industry associations, professionals, and beneficiaries for recommendation and certification.

Article 26 In real estate advertisements, the housing information should be true, and the area should be indicated as the building area or the building area inside the condominium, and must not contain the following content:

(1) Commitment of appreciation or return on investment;

(2) The project location is expressed in terms of the time required for the project to reach a specific reference object;

(3) Violation of national regulations on price management;

(4) Misleading propaganda about transportation, commercial, cultural and educational facilities and other municipal conditions under planning or construction.

Article 27. Advertisements for crop seeds, forest tree seeds, grass seeds, breeding livestock and poultry, aquatic seedlings, and planting and breeding. Regarding variety name, production performance, growth volume or output, quality, resistance, special use value, economic value, and suitability The expressions of the scope and conditions of planting or breeding shall be true, clear and clear, and shall not contain the following contents:

(1) Make a scientifically unverifiable assertion;

(2) indicates an assertion or guarantee of efficacy;

(3) Analyze, forecast or make guarantee promises on economic benefits;

(4) Use the name or image of scientific research units, academic institutions, technology promotion agencies, industry associations, or professionals, or users for recommendation and certification.

Article 28  Advertisements that deceive or mislead consumers with false or misleading content constitute false advertisements.

Advertisements are false advertisements in any of the following situations:

(1) The goods or services do not exist;

(2) The performance, function, origin, purpose, quality, specification, composition, price, producer, expiration date, sales status, honors and other information of the product, or the content, provider, form, quality, price, etc. of the service Information such as sales status, honors received, and promises related to goods or services does not match the actual situation, which has a substantial impact on the purchase behavior;

(3) Using fictitious, forged or unverifiable scientific research results, statistical data, survey results, abstracts, quotes and other information as proof materials;

(4) Fictitious use of goods or the effect of receiving services;

(5) Other situations that deceive or mislead consumers with false or misleading content.

Chapter Three   Advertising Code of Conduct

Article 29: Broadcasting stations, television stations, newspapers and periodicals publishing units engaged in advertising business shall have institutions specialized in advertising business, equipped with necessary personnel, have places and equipment suitable for advertising advertising, and provide information to the county level and above. The local administrative department for industry and commerce handles the registration of advertisement release.

Article 30   Advertisers, advertising operators, and advertisement publishers shall conclude written contracts in accordance with the law in advertising activities.

Article 31   Advertisers, advertising operators, and advertisement publishers shall not engage in any form of unfair competition in advertising activities.

Article 32   Advertisers who entrust the design, production, and publication of advertisements shall entrust advertising operators and advertisement publishers with legal business qualifications.

Article 33: Advertisers or advertising operators who use the names or images of others in advertisements shall obtain their written consent in advance; if they use the names or images of persons without or with limited civil capacity, they shall obtain the names or images in advance. The guardian’s written consent.

Article 34 Advertising operators and advertisement publishers shall establish and improve the registration, review, and file management systems for undertaking advertising business in accordance with relevant state regulations.

Advertising operators and advertisement publishers shall check relevant certification documents and check the contents of advertisements in accordance with laws and administrative regulations. For advertisements with inconsistent content or incomplete certification documents, advertising operators shall not provide design, production or agency services, and advertisement publishers shall not publish.

Article 35 Advertising operators and advertisement publishers shall announce their charging standards and charging methods.

Article 36 The coverage, ratings, click-through rates, circulation, and other information provided by advertisement publishers to advertisers and advertising operators shall be true.

Article 37   No unit or individual may design, produce, represent, or publish advertisements for products or services that are prohibited from being produced or sold by laws and administrative regulations, as well as goods or services for which advertisements are prohibited.

Article 38. Advertising spokespersons’ recommendations and certifications of goods and services in advertisements shall be based on facts and comply with the provisions of this Law and relevant laws and administrative regulations. They shall not make recommendations for unused goods or services that they have not received. Recommend and prove.

Do not use minors under ten years of age as advertising spokespersons.

Natural persons, legal persons or other organizations who make recommendations in false advertisements and prove that they have been administratively punished for less than three years shall not use them as advertising spokespersons.

Article 39 No advertising activities shall be carried out in primary and secondary schools and kindergartens, and no advertisements shall be published or disguised in disguised form by using textbooks, teaching aids, workbooks, stationery, teaching aids, school uniforms, school buses, etc. of primary and secondary school students and young children, except for public service advertisements. .

Article 40  Advertising on medical treatment, medicine, health food, medical equipment, cosmetics, alcohol, beauty, and online game advertisements that are not conducive to the physical and mental health of minors shall not be published on the mass media for minors.

Advertisements for goods or services for minors under the age of fourteen must not contain the following content:

(1) Persuade them to ask parents to purchase advertised goods or services;

(2) may cause it to imitate unsafe behavior.

Article 41   Local people's governments at or above the county level shall organize relevant departments to strengthen the supervision and management of the use of outdoor places, spaces, facilities, etc. to publish outdoor advertisements, and formulate outdoor advertisement installation plans and safety requirements.

The management methods of outdoor advertising are regulated by local regulations and local government regulations.

Article 42 In any of the following circumstances, outdoor advertisements shall not be set up:

(1) Using traffic safety facilities and traffic signs;

(2) Affecting the use of municipal public facilities, traffic safety facilities, traffic signs, fire control facilities, and fire safety signs;

(3) Obstructing production or people's lives, damaging the appearance of the city;

(4) It is installed in the construction control zone of state organs, cultural relics protection units, scenic spots, etc., or in areas where the local people's government at or above the county level prohibits the installation of outdoor advertising.

Article 43   Without the consent or request of the party concerned, no unit or individual may send advertisements to their residences, vehicles, etc., or send advertisements to them by means of electronic information.

If an advertisement is sent by electronic information, the sender’s true identity and contact information shall be clearly indicated, and the recipient shall be provided with a way to refuse to continue receiving.

Article 44 The use of the Internet for advertising activities shall be governed by the provisions of this law.

The use of the Internet to publish and send advertisements shall not affect the normal use of the Internet by users. Advertisements published in the form of pop-ups on Internet pages should be marked with a close sign to ensure one-click close.

Article 45   The managers of public places, telecommunications business operators, and Internet information service providers who use their premises or information transmission and publishing platforms to send or publish illegal advertisements that they know or should know shall be stopped.

Chapter 4 Supervision and Management

Article 46: The publication of advertisements for medical treatment, drugs, medical devices, pesticides, veterinary drugs, and health foods, as well as other advertisements that should be reviewed by laws and administrative regulations, shall be reviewed by relevant departments (hereinafter referred to as advertising review agencies) before publishing. The content is reviewed; it cannot be published without review.

Article 47   Advertisers applying for advertisement review shall submit relevant certification documents to the advertising review agency in accordance with laws and administrative regulations.

The advertising review agency shall make a review decision in accordance with laws and administrative regulations, and shall send a copy of the review approval document to the administrative department for industry and commerce at the same level. The advertising review agency shall promptly announce the approved advertisements to the public.

Article 48   No unit or individual may forge, alter or transfer the advertisement review approval document.

Article 49   The administrative department for industry and commerce performing advertising supervision and management duties may exercise the following powers:

(1) Conduct on-site inspections of places suspected of engaging in illegal advertising activities;

(2) Interrogate the parties suspected of violating the law or their legal representatives, main responsible persons and other relevant personnel, and conduct investigations on relevant entities or individuals;

(3) Requesting the parties suspected of violating the law to provide relevant supporting documents within a time limit;

(4) Consult and copy contracts, bills, account books, advertising works and other related materials related to suspected illegal advertisements;

(5) Seal up and seize advertising items, business tools, equipment and other properties directly related to the suspected illegal advertisement;

(6) Order to suspend the publication of suspected illegal advertisements that may cause serious consequences;

(7) Other functions and powers provided by laws and administrative regulations.

The administrative department for industry and commerce shall establish a sound advertising monitoring system, improve monitoring measures, and promptly discover and investigate illegal advertising activities in accordance with the law.

Article 50 The administrative department for industry and commerce of the State Council shall, in conjunction with relevant departments of the State Council, formulate a code of conduct for advertising publication in the mass media.

Article 51  The administrative department for industry and commerce shall exercise its powers in accordance with the provisions of this law, and the parties shall assist and cooperate, and shall not refuse or obstruct.

Article 52 The administrative department for industry and commerce and relevant departments and their staff shall have the obligation to keep confidential the trade secrets they learn from during the advertising supervision and management activities.

Article 53  Any unit or individual has the right to complain to or report violations of this law to the administrative department for industry and commerce and relevant departments. The administrative department for industry and commerce and relevant departments shall disclose the telephone number, mailbox or email address for accepting complaints and reports to the public. The departments receiving complaints and reports shall handle the complaints and notify them within seven working days from the date of receipt of the complaints. , Whistleblower.

If the administrative department for industry and commerce and relevant departments fail to perform their duties in accordance with the law, any unit or individual has the right to report to its superior authority or supervisory authority. The agency receiving the report shall deal with it in accordance with the law, and promptly inform the reporter of the result of the processing.

Relevant departments shall keep confidential for complaints and informants.

Article 54   Consumer associations and other consumer organizations shall conduct social supervision in accordance with the law on violations of the provisions of this law, publication of false advertisements that infringe the lawful rights and interests of consumers, and other acts that harm the public interests of society.

Chapter 5   Legal Liability

Article 55 Anyone who publishes false advertisements in violation of the provisions of this law shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, order advertisers to eliminate the impact within the corresponding scope, and impose a fine of three to five times the advertising costs. If the calculation is or is obviously low, a fine of not less than 200,000 yuan but not more than 1 million yuan will be imposed; if there are three or more illegal acts within two years or other serious circumstances, a fine of five to ten times the advertising cost will be imposed. If the calculation is or is obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan may be imposed, and the business license may be revoked, and the advertisement review approval document shall be revoked by the advertisement review agency, and its advertisement review application will not be accepted within one year.

If a medical institution commits an illegal act as prescribed in the preceding paragraph and the circumstances are serious, the administrative department for industry and commerce may revoke the medical institution’s practice license, in addition to punishment by the administrative department for industry and commerce in accordance with this law.

If an advertising operator or advertising publisher knows or should know that the advertisement is false and still designs, produces, represents, or publishes, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of three to five times the advertising expenses. The advertising expenses cannot be calculated or If it is obviously low, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed; if there are three or more illegal acts within two years or other serious circumstances, a fine of five times to ten times the advertising cost will be imposed. The advertising cost cannot be calculated or If it is obviously low, a fine of not less than one million yuan but not more than two million yuan may be imposed, and the relevant department may suspend the advertising business, revoke the business license, and revoke the advertising registration certificate.

Advertisers, advertising operators, and advertisement publishers who commit the acts specified in the first and third paragraphs of this article, which constitute a crime, shall be investigated for criminal responsibility in accordance with the law.

Article 56   In violation of the provisions of this law, publishing false advertisements, deceiving or misleading consumers, and harming the legitimate rights and interests of consumers buying goods or receiving services, the advertiser shall bear civil liability in accordance with the law. If advertising agents and advertisement publishers are unable to provide the advertiser's true name, address and effective contact information, consumers may request the advertisement agents and advertisement publishers to compensate in advance.

If false advertisements of goods or services related to the lives and health of consumers cause harm to consumers, the advertising operators, advertising publishers, and advertising spokespersons shall bear joint liability with the advertisers.

Where false advertisements of goods or services other than those specified in the preceding paragraph cause harm to consumers, the advertising operators, advertisement publishers, or advertising spokespersons still design, produce, represent, publish, recommend, or certify that the advertisements are false or should be known to be false , Should bear joint liability with the advertiser.

Article 57 Anyone who commits one of the following acts shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, and the advertiser shall be fined 200,000 yuan up to 1 million yuan. If the circumstances are serious, the business license may be revoked. The advertising review agency revokes the advertising review approval document and does not accept its application for advertising review within one year; for advertising operators and advertisement publishers, the administrative department for industry and commerce confiscates advertising costs and imposes a fine of 200,000 to 1 million. If the circumstances are serious, business licenses and advertising registration certificates may be revoked:

(1) Publish advertisements that are prohibited by Article 9 and Article 10 of this Law;

(2) Violating the provisions of Article 15 of this law by publishing advertisements for prescription drugs, advertisements for pharmaceutical precursor chemicals, or advertisements for drug treatment devices and treatment methods;

(3) Violating the provisions of Article 20 of this Law by publishing advertisements for infant milk products, beverages and other foods that claim to replace breast milk in whole or in part;

(4) Publish tobacco advertisements in violation of Article 22 of this Law;

(5) Violating the provisions of Article 37 of this Law, using advertisements to promote products or services that are prohibited from being produced or sold, or goods or services for which advertisements are prohibited;

(6) Violating the first paragraph of Article 40 of this law, publishing medical, medicine, health food, medical equipment, cosmetics, alcohol, and beauty advertisements on the mass media targeting minors, as well as unfavorable to minors Physical and mental health of online game advertising.

Article 58: If one of the following acts is committed, the administrative department for industry and commerce shall order the suspension of advertising, order the advertiser to eliminate the impact within the corresponding scope, and impose a fine of more than one time and less than three times the advertising cost. The advertising cost cannot be calculated or is obvious If it is too low, a fine of more than 100,000 yuan but less than 200,000 yuan shall be imposed; if the circumstances are serious, a fine of three to five times the advertising cost shall be imposed; if the advertising cost cannot be calculated or is obviously low, a fine of more than 200,000 yuan shall be imposed. For a fine of less than one million yuan, the business license may be revoked, and the advertising review approval document will be revoked by the advertising review agency, and its advertising review application will not be accepted within one year:

(1) Violating the provisions of Article 16 of this law to publish advertisements for medical treatments, drugs, and medical devices;

(2) Violating the provisions of Article 17 of this law, in advertisements involving disease treatment functions, and the use of medical terms or terms that are likely to confuse the products being promoted with drugs or medical devices;

(3) Publish health food advertisements in violation of Article 18 of this law;

(4) Publish advertisements for pesticides, veterinary drugs, feed and feed additives in violation of Article 21 of this Law;

(5) Publish alcohol advertisements in violation of Article 23 of this Law;

(6) Publish education or training advertisements in violation of Article 24 of this Law;

(7) Violating the provisions of Article 25 of this law to publish advertisements for products or services that have an expected return on investment, such as investment promotion;

(8) Publish real estate advertisements in violation of Article 26 of this Law;

(9) Violating the provisions of Article 27 of this law to publish advertisements for crop seeds, forest tree seeds, grass seeds, breeding livestock and poultry, aquatic seedlings, and breeding;

(10) Violating the second paragraph of Article 38 of this law by using minors under the age of ten as advertising spokespersons;

(11) Violating the third paragraph of Article 38 of this law, using natural persons, legal persons or other organizations as advertising spokespersons;

(12) Violating the provisions of Article 39 of this law, publishing advertisements in primary and secondary schools, kindergartens, or using items related to primary and secondary school students or infants;

(13) Violating the second paragraph of Article 40 of this law by publishing advertisements for goods or services aimed at minors under the age of fourteen;

(14) Violating the provisions of Article 46 of this Law and publishing advertisements without review.

If a medical institution commits an illegal act as prescribed in the preceding paragraph and the circumstances are serious, the administrative department for industry and commerce may revoke the medical institution’s practice license, in addition to punishment by the administrative department for industry and commerce in accordance with this law.

If an advertising operator or advertising publisher knowingly or should be aware of the illegal acts specified in the first paragraph of this article still design, produce, represent, or publish, the administrative department for industry and commerce shall confiscate the advertising costs and impose a fine of more than one time and less than three times the advertising costs If the advertising cost cannot be calculated or is obviously low, a fine of 100,000 yuan to 200,000 yuan shall be imposed; if the circumstances are serious, a fine of three times to five times the advertising cost shall be imposed, and the advertising cost cannot be calculated or is obviously low. A fine of not less than 200,000 yuan but not more than one million yuan may be imposed, and the relevant departments may suspend the advertising release business, revoke the business license, and revoke the advertising release registration certificate.

Article 59   Any one of the following acts shall be ordered by the administrative department for industry and commerce to stop advertising, and the advertiser shall be fined less than 100,000 yuan:

(1) The content of the advertisement violates Article 8 of this Law;

(2) The content cited in the advertisement violates Article 11 of this Law;

(3) Advertising involving patents violates Article 12 of this Law;

(4) Violating the provisions of Article 13 of this Law, advertising devalues ​​the goods or services of other producers and operators.

Advertising operators or advertisement publishers who know or should be aware of the illegal acts prescribed in the preceding paragraph and still design, produce, represent, or publish, shall be fined less than 100,000 yuan by the administrative department for industry and commerce.

Advertisements that violate Article 14 of this Law and are not identifiable, or violate Article 19 of this Law by disguising advertisements for medical treatment, medicines, medical equipment, and health food, shall be ordered by the administrative department for industry and commerce to correct. The advertisement publisher shall impose a fine of less than 100,000 yuan.

Article 60 In violation of the provisions of Article 29 of this Law, if radio stations, television stations, newspapers and periodicals publishing units fail to register for advertisement release, and engage in advertisement release business without authorization, the administrative department for industry and commerce shall order corrections and confiscate the illegal income. If the illegal income is more than 10,000 yuan, a fine of more than one time but less than three times the illegal income; if the illegal income is less than 10,000 yuan, a fine of 5,000 to 30,000 yuan shall be imposed.

Article 61: In violation of the provisions of Article 34 of this Law, if advertising operators or advertisement publishers fail to establish and improve advertising business management systems in accordance with relevant state regulations, or fail to verify the contents of advertisements, the administrative department for industry and commerce shall Ordered to make corrections can be fined up to 50,000 yuan.

In violation of the provisions of Article 35 of this Law, advertising operators or advertising publishers failing to announce their charging standards and charging methods shall be ordered by the competent pricing department to make corrections and may be fined less than 50,000 yuan.

Article 62   If the advertising spokesperson has one of the following circumstances, the illegal income shall be confiscated by the administrative department for industry and commerce, and a fine of more than one and two times the illegal income shall be imposed:

(1) Violating the provisions of Item 4, Paragraph 1, Paragraph 1, Article 16 of this Law, making recommendations or certifications in advertisements for medical treatment, drugs, or medical devices;

(2) Violating the provisions of Article 18, Paragraph 1, Item 5 of this law, making recommendations or certifications in health food advertisements;

(3) Violating the first paragraph of Article 38 of this law by recommending or certifying unused goods or unreceived services;

(4) Knowing or ought to know that the advertisement is false and still recommending or certifying goods or services in the advertisement.

Article 63   In case of sending advertisements in violation of Article 43 of this law, the relevant departments shall order the suspension of the illegal activities and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.

Violation of the second paragraph of Article 44 of this law, using the Internet to publish advertisements without clearly marking the closure sign to ensure one-click closure, the administrative department for industry and commerce shall order corrections and impose a penalty on advertisers from 5,000 yuan to 30,000 yuan Fine.

Article 64 In violation of the provisions of Article 45 of this Law, managers of public places, telecommunications business operators, and Internet information service providers who know or should know that advertising activities are illegal and will not be stopped shall be confiscated by the administrative department for industry and commerce If the illegal income is more than 50,000 yuan, a fine of one to three times the illegal income shall be imposed. If the illegal income is less than 50,000 yuan, a fine of 10,000 yuan to 50,000 yuan shall be imposed; if the circumstances are serious, the penalty shall be imposed. Relevant departments stop related businesses in accordance with the law.

Article 65 Anyone who violates the provisions of this law by concealing the truth or providing false materials to apply for advertising review shall not be accepted or approved by the advertising review agency and shall be warned, and the applicant’s application for advertising review shall not be accepted within one year; , Bribery and other improper means to obtain the approval of advertising review, the advertising review agency shall revoke it, impose a fine of 100,000 yuan up to 200,000 yuan, and will not accept the applicant’s application for advertising review within three years.

Article 66   Violation of the provisions of this law by forging, altering or transferring the advertisement review approval documents, the administrative department for industry and commerce shall confiscate the illegal income and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Article 67   In case of any illegal act as provided for in this law, the administrative department for industry and commerce shall record it in the credit file and make public announcement in accordance with relevant laws and administrative regulations.

Article 68: Radio stations, television stations, newspapers and audiovisual publishing units publish illegal advertisements, or publish advertisements in disguised form of news reports, or disguised advertisements of medical treatment, medicines, medical equipment, and health foods in the form of introducing health and wellness knowledge. If the administrative department imposes punishment in accordance with this law, it shall notify the press, publication, radio, television, and other relevant departments. The press, publication, radio, television, and other relevant departments shall impose sanctions on the responsible persons in charge and the directly responsible persons in accordance with the law; if the circumstances are serious, the advertising business of the media may be suspended.

If the press, publication, radio, television and other relevant departments fail to deal with radio stations, television stations, newspapers and audiovisual publishing units in accordance with the provisions of the preceding paragraph, the responsible persons in charge and directly responsible persons shall be punished according to law.

Article 69   Advertisers, advertising operators, or advertisement publishers who violate the provisions of this law and commit one of the following infringements shall bear civil liability according to law:

(1) Damage to the physical and mental health of minors or disabled persons in advertisements;

(2) Counterfeiting patents of others;

(3) Depreciating the goods and services of other producers and operators;

(4) Use the name or image of another person without consent in the advertisement;

(5) Other infringements on the lawful civil rights and interests of others.

Article 70: If the legal representative of a company or enterprise whose business license has been revoked due to false advertisements or other violations stipulated in this law is personally liable for the violation, its business license shall be revoked from the company or enterprise Not allowed to serve as a director, supervisor or senior manager of a company or enterprise within three years from the date of the

Article 71   Violation of the provisions of this law, refuse or obstruct the supervision and inspection of the administrative department for industry and commerce, or commit other acts that constitute a violation of public security management, shall be given public security management penalties according to law; if a crime is constituted, criminal responsibility shall be investigated in accordance with law.

Article 72   If the advertising review agency makes a decision to review and approve the content of an illegal advertisement, the responsible person in charge and the directly responsible person shall be punished by the appointment and removal agency or the supervisory agency in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 73: If the administrative department for industry and commerce fails to investigate and punish the illegal advertising behaviors discovered in the performance of advertising monitoring duties or the illegal advertising behaviors that have been complained or reported in accordance with the law, the responsible persons in charge and the directly responsible persons shall be dealt with. Punishment according to law.

The staff of the administrative department for industry and commerce and the relevant departments in charge of advertising management neglect their duties, abuse their powers, or engage in malpractices for personal gains shall be punished in accordance with the law.

If the acts in the preceding two paragraphs constitute a crime, criminal responsibility shall be investigated according to law.

Chapter Six

Article 74 The state encourages and supports the development of public service advertisements, disseminates the core values ​​of socialism, and advocates civilization.

The mass media is obliged to publish public service advertisements. Broadcasting stations, television stations, and newspaper publishing units shall publish public service advertisements in accordance with the prescribed layout, time period, and duration. The administrative measures for public service advertisements shall be formulated by the administrative department for industry and commerce under the State Council in conjunction with relevant departments.

Article 75 This law shall come into force on September 1, 2015.

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