People's Republic of China * * * Advertising Law of the People's Republic of China
(adopted at the 1th meeting of the 8th the NPC Standing Committee on October 27th, 1994 and revised at the 14th meeting of the 12th the NPC Standing Committee on April 24th, 215)
Contents
Chapter I General Principles
Chapter II Advertising Content Standards
Chapter III Advertising Code of Conduct
Chapter IV Supervision and Management
. > chapter VI supplementary provisions
chapter I general provisions
article 1 this law is formulated in order to regulate advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of advertising industry and maintain social and economic order.
article 2 this law is applicable 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 within the territory of the people's Republic of China.
the term "advertiser" as mentioned in this law refers to a natural person, legal person or other organization that designs, produces and publishes advertisements by itself or by entrusting others to promote goods or services.
the advertising agent mentioned in this law refers to a natural person, legal person or other organization entrusted to provide advertising design, production and agency services.
the term "advertisement publisher" as mentioned in this law refers to a natural person, legal person or other organization that publishes advertisements for advertisers or advertising agents entrusted by advertisers.
the advertising spokespersons mentioned in this law refer to natural persons, legal persons or other organizations, other than advertisers, who recommend and certify commodities and services in their own names or images in advertisements.
article 3 advertisements should be truthful and lawful, and express the contents of advertisements in a healthy way, which meets the requirements of building socialist spiritual civilization and promoting the excellent traditional culture of the Chinese nation.
article 4 advertisements shall not contain false or misleading contents, and shall not deceive or mislead consumers.
advertisers should be responsible for the authenticity of advertising content.
article 5 advertisers, advertising agents and publishers shall abide by laws and regulations, be honest and trustworthy and compete fairly when engaging in advertising activities.
article 6 the administrative department for industry and commerce in the State Council is in charge of the supervision and administration of advertisements throughout the country, and the relevant departments in the State Council are responsible for the relevant work of advertising management within their respective functions and duties.
the local administrative departments for industry and commerce at or above the county level are in charge of the supervision and management of advertisements in their respective administrative areas, and the relevant departments of the local people's governments at or above the county level are responsible for the relevant work of advertising management within their respective functions and duties.
article 7 advertising industry organizations shall, in accordance with the provisions of laws, regulations and articles of association, formulate industry norms, strengthen industry self-discipline, promote industry development, guide members to engage in advertising activities according to law, and promote the integrity construction of the advertising industry.
Chapter II Guidelines for Advertising Content
Article 8 If an advertisement indicates the performance, function, origin, use, quality, composition, price, producer, expiration date, promise, etc. of a commodity or the content, provider, form, quality, price, promise, etc. of a service, it shall be accurate, clear and understandable.
if it is indicated in the advertisement that the goods or services to be promoted are complimentary, the variety, specification, quantity, duration and method of the complimentary goods or services shall be clearly stated.
the contents that should be clearly stated in an advertisement as stipulated by laws and administrative regulations should be clearly expressed.
Article 9 An advertisement shall not be under any of the following circumstances:
(1) Use or use in disguised form the national flag, national anthem, national emblem, military flag, military song and military emblem of the People's Republic of China;
(2) using or using in disguised form the name or image of a state organ or its staff;
(3) using terms such as "national level", "highest level" and "best";
(4) damaging the dignity or interests of the state and revealing state secrets;
(5) Obstructing social stability and harming the interests of the public;
(6) endangering personal and property safety and revealing personal privacy;
(7) Obstructing public order or violating good social customs;
(8) Content containing obscenity, pornography, gambling, superstition, terror and violence;
(9) Contents that discriminate against ethnic groups, races, religions and genders;
(1) obstructing the protection of the environment, natural resources or cultural heritage;
(11) other circumstances prohibited by laws and administrative regulations.
article 1 advertisements shall not harm the physical and mental health of minors and disabled people.
article 11 where an administrative license is required for the matters involved in an advertisement, it shall be consistent with the contents of the license.
if an advertisement uses data, statistics, survey results, abstracts, quotations and other cited contents, it shall be true and accurate, and the source shall be indicated. If the cited content has the scope of application and the validity period, it shall be clearly stated.
article 12 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 falsely claim to have obtained the patent right in advertisements.
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 13 advertisements shall not belittle the goods or services of other producers or operators.
Article 14 An advertisement should be identifiable so that consumers can identify it as an advertisement.
the mass media shall not publish advertisements in disguised form in the form of news reports. Advertisements published through the mass media should be clearly marked with "advertisement", which is different from other non-advertising information and must not mislead consumers.
when broadcasting advertisements, radio stations and TV stations shall abide by the regulations of relevant departments of the State Council on the duration and methods, and shall make obvious hints on the duration of advertisements.
Article 15 Special drugs such as narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, pharmaceutical precursor chemicals, and drugs, medical devices and treatment methods for drug rehabilitation shall not be advertised.
Prescription drugs other than those specified in the preceding paragraph can only be advertised in medical and pharmaceutical professional journals designated by the health administrative department of the State Council and the drug supervision and administration department of the State Council.
Article 16 Advertisements for medical treatment, drugs and medical devices shall not contain the following contents:
(1) Assertions or guarantees indicating efficacy and safety;
(2) indicate the cure rate or effective rate;
(3) Compared with other drugs and medical devices in efficacy and safety or other medical institutions;
(4) using advertising spokespersons for recommendation and proof;
(5) other contents prohibited by laws and administrative regulations.
The contents of drug advertisements shall not be inconsistent with the instructions approved by the drug supervision and administration department of the State Council, and the contraindications and adverse reactions shall be clearly marked. Prescription drug advertisements should be clearly marked "This advertisement is only for medical and pharmaceutical professionals to read", and non-prescription drug advertisements should be clearly marked "Please purchase and use according to the drug instructions or under the guidance of pharmacists".
Advertisements for medical devices recommended for personal use should be clearly marked with "Please read the product manual carefully or purchase and use under the guidance of medical personnel". If there are taboo contents and precautions in the registration certificate of medical device products, the advertisement shall clearly indicate that "see the instructions for details of taboo contents or precautions".
Article 17 Except for advertisements for medical treatment, drugs and medical devices, it is forbidden to use any other advertisements that involve the function of disease treatment, and medical terms or terms that easily confuse the promoted goods with drugs and medical devices are not allowed.
Article 18 Health food advertisements shall not contain the following contents:
(1) Assertions or guarantees indicating efficacy and safety;
(2) It involves the functions of disease prevention and treatment;
(3) claiming or implying that the advertised goods are necessary for health protection;
(4) Compare with medicines and other health foods;
(5) using advertising spokespersons for recommendation and proof;
(6) other contents prohibited by laws and administrative regulations.
the advertisement of health food should clearly indicate that "this product cannot replace medicine".
Article 19 Radio stations, television stations, audio-visual publishing units of newspapers and periodicals, and Internet information service providers shall not publish advertisements of medical treatment, medicines, medical devices and health food in disguised form by introducing health and health preserving knowledge.
Article 2 It is forbidden to publish advertisements for baby dairy products, drinks and other foods that claim to completely or partially replace breast milk in mass media or public places.
article 21 advertisements for pesticides, veterinary drugs, feeds and feed additives shall not contain the following contents:
(1) assertions or guarantees indicating efficacy and safety;
(2) using the names or images of scientific research institutions, academic institutions, technology popularization institutions, trade associations, professionals and users for recommendation and certification;
(3) indicating the efficiency;
(4) words, language or pictures that violate the rules for safe use;
(5) other contents prohibited by laws and administrative regulations.
Article 22 It is forbidden to publish tobacco advertisements in the mass media or in public places, public transportation and outdoors. It is forbidden to send any form of tobacco advertisements to minors.
it is forbidden to use advertisements or public service advertisements of other commodities or services to publicize the names, trademarks, packaging, decoration and similar contents of tobacco products.
notices of relocation, renaming and recruitment issued by producers or sellers of tobacco products shall not contain the name, trademark, packaging, decoration and similar contents of tobacco products.
Article 23 An alcohol advertisement shall not contain the following contents:
(1) Inducing, encouraging or promoting excessive drinking;
(2) drinking;
(3) the performance of driving cars, boats, planes and other activities;
(4) Express or imply that drinking alcohol can eliminate tension and anxiety and increase physical strength.
Article 24 An advertisement for education and training shall not contain the following contents:
(1) Make an express or implied guarantee commitment to further studies, pass examinations, obtain a degree or a certificate of qualification, or to the effect of education and training;
(2) express or imply that relevant examination institutions or their staff and examination proposers participate in education and training;
(3) using the names or images of scientific research institutions, academic institutions, educational institutions, trade associations, professionals and beneficiaries for recommendation and certification.
Article 25 Advertisements for commodities or services with expected return on investment, such as investment promotion, shall give reasonable hints or warnings about possible risks and risk liability, and shall not contain the following contents:
(1) Make a guarantee commitment to future effects, benefits or related circumstances, express or imply capital preservation, risk-free or guaranteed benefits, unless otherwise stipulated by the state;
(2) using the names or images of academic institutions, trade associations, professionals and beneficiaries for recommendation and certification.
Article 26 In real estate advertisements, the listing information shall be true, and the area shall be indicated as the construction area or the interior construction area, and shall not contain the following contents:
(1) the promise of appreciation or return on investment;
(2) indicate the location of the project by the time it takes for the project to reach a specific reference;
(3) violating the relevant state regulations on price management;
(4) misleading propaganda about transportation, commerce, cultural and educational facilities and other municipal conditions under planning or construction.
Article 27 The advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic fingerlings and breeding shall be truthful, clear and understandable in terms of variety name, production performance, growth or yield, quality, resistance, special use value, economic value, scope and conditions suitable for planting or breeding, and shall not contain the following contents:
(1) Make scientifically unverifiable assertions.
(2) assertion or guarantee indicating efficacy;
(3) analyzing and forecasting the economic benefits or making a guarantee commitment;
(4) using the names or images of scientific research institutions, academic institutions, technology popularization institutions, trade associations, professionals and users for recommendation and certification.
Article 28 An advertisement that deceives or misleads consumers with false or misleading contents constitutes a false advertisement.
An advertisement is a false advertisement in any of the following circumstances:
(1) The commodity or service does not exist;
(2) Information such as the performance, function, place of origin, use, quality, specifications, ingredients, price, producer, expiration date, sales status, won honor, etc. of the commodity, or information such as the content, provider, form, quality, price, sales status, won honor of the service, and promises related to the commodity or service are inconsistent with the actual situation, and there is a purchase behavior.
(3) using fictitious, forged or unverifiable scientific research achievements, statistical data, survey results, abstracts, quotations and other information as supporting materials;
(4) Fictitiously using goods or receiving services;
(5) other circumstances that deceive or mislead consumers with false or misleading contents.
Chapter III Code of Conduct for Advertising
Article 29 Where a radio station, television station or newspaper publishing unit engages in the advertising business, it shall set up an agency specializing in advertising business, be equipped with necessary personnel, have a place and equipment suitable for advertising, and register the advertising with the local administrative department for industry and commerce at or above the county level.
Article 3 Advertisers, advertising agents and publishers shall conclude written contracts in advertising activities according to law.
article 31 advertisers, advertising agents and publishers shall not engage in any form of unfair competition in advertising activities.
article 32 when an advertiser entrusts the design, production and publication of an advertisement, it shall entrust an advertising agent or publisher with legal business qualifications.
Article 33 Where an advertiser or advertising agent uses another person's name or image in an advertisement, it shall obtain his prior written consent; Anyone who uses the name or image of a person without or with limited capacity for civil conduct shall obtain the written consent of his guardian in advance.
article 34 advertising agents and publishers shall, in accordance with the relevant provisions of the state, establish and improve the registration, examination and file management systems for advertising business.
advertising agents and publishers shall check relevant certification documents and check the contents of advertisements according to laws and administrative regulations. Advertising agents shall not provide design, production or agency services for advertisements with inconsistent contents or incomplete supporting documents, and advertisement publishers shall not publish them.
article 35 advertising agents and publishers shall announce their charging standards and methods.
article 36 the coverage, audience rating, click-through rate, circulation and other information provided by advertising publishers to advertisers and advertising operators shall be true.
article 37 no unit or individual may design, manufacture, act as an agent or publish advertisements for products or services whose production and sale are prohibited by laws and administrative regulations, or for goods or services whose advertising is prohibited.
article 38 advertising spokespersons shall recommend and certify commodities and services in advertisements according to facts and in accordance with the provisions of this law and relevant laws and administrative regulations, and shall not recommend or certify their unused commodities or services.