2. The advertising law stipulates that individual citizens have the right to supervise and report, and individual citizens should report. The administrative department for industry and commerce needs to inform the whistleblower of the results within seven working days from the date of complaint, but the advertising law does not stipulate corresponding incentives, so there is no reward for reporting illegal advertising laws.
1. How to identify advertising violations
1. The subjects of advertising violations are legal persons, other economic organizations and individuals engaged in advertising activities, mainly including advertisers, advertising agents and advertisement publishers.
2. The advertising violator must be at fault.
3. Advertising violations must infringe on the social relations protected by Chinese laws. China's advertising management laws and regulations regulate three aspects of order: advertising management order, advertising propaganda order and advertising management order. If the advertising business entity infringes on the above objects, it should bear legal responsibility.
second, how to identify false advertising behavior
1. Whether the products and services advertised are objective and true.
2. Whether the main contents of the products and services advertised (including the standards and utility that the products and services can reach, the registered trademarks used, awards, product manufacturers and service providers, etc.) are true.
3. Whether an advertisement is false or not should also be considered whether it has the function of misleading consumers.
Legal Basis
Law of the People's Republic of China Against Unfair Competition
Article 21 Where business operators and other natural persons, legal persons and unincorporated organizations violate the provisions of Article 9 of this Law, the supervision and inspection department shall order them to stop their illegal acts, confiscate their illegal income and impose a fine of not less than 1, yuan but not more than 1 million yuan; If the circumstances are serious, a fine of not less than 5, yuan but not more than 5 million yuan shall be imposed.
Advertising Law of the People's Republic of China
Article 53 Any unit or individual has the right to complain and report violations of this Law to the market supervision and management departments and relevant departments. The market supervision and management departments and relevant departments shall publicly accept the telephone, mailbox or e-mail address of complaints and reports to the public, and the departments receiving complaints and reports shall, within seven working days from the date of receiving the complaints, handle them and inform the complaints and informants.
if the market supervision and management department and relevant departments fail to perform their duties according to law, any unit or individual has the right to report to its superior organ or supervisory organ. The organ that receives the report shall deal with it according to law and inform the informant of the result in time.
relevant departments should keep the complaints and informants confidential.