Interim Measures for the Supervision and Administration of Internet Advertising (Draft for Comments)
Article 1 is to regulate Internet advertising activities, promote the healthy development of Internet advertising, protect the legitimate rights and interests of consumers, and maintain fair competition. In accordance with the "Advertising Law of the People's Republic of China", "Consumer Rights and Interests Protection Law of the People's Republic of China", and "The People's Republic of China" These Measures are formulated in accordance with the relevant provisions of relevant laws and regulations such as the Anti-Unfair Competition Law of the People's Republic of China and the Measures for the Administration of Internet Information Services.
Article 2 Commercial advertising activities implemented using the Internet (including mobile Internet) as a medium shall be managed in accordance with these Measures.
Article 3 The term "Internet advertising" as mentioned in these Measures refers to the advertising of text, pictures, audio through various Internet websites, e-mails, and self-media, forums, instant messaging tools, software and other Internet media resources. , videos and other forms of commercial display, links, emails, paid search results and other advertisements.
Information about goods or services published on the Internet, in addition to the physical graphics, delivery method, and packaging nature of the goods that should be marked in accordance with national standards or industry practices, text descriptions and pictures In addition to other logo information, other text, graphics, images, etc. that meet the characteristics of commercial advertising are Internet advertisements. If there are special provisions in national laws and administrative regulations on drugs, medical treatment, etc., those special provisions shall prevail.
The information that advertising spokespersons recommend products or services on the Internet is Internet advertising.
Article 4 Internet advertising operators as mentioned in these Measures are natural persons, legal persons or other organizations that provide Internet advertising design, production, and agency services to advertisers.
Internet advertising publishers as mentioned in these Measures refer to natural persons, legal persons or other organizations that publish advertisements on their own or other people's Internet media resources for advertisers or Internet advertising operators entrusted by advertisers.
Advertising spokespersons as mentioned in these Measures refer to natural persons, legal persons or other organizations other than advertisers who recommend and certify goods and services in Internet advertisements.
Article 5: Advertisers, advertising operators, advertising spokespersons, Internet information service providers who meet any of the following circumstances are also Internet advertising publishers:
(1) Pair Internet advertising content has the final right to modify and decide;
(2) Website operators who publish advertising information stored on this website;
(2) On their own websites, Advertisers who publish advertisements;
(4) Advertising operators who use other people’s Internet media resources to publish advertising information stored on this website as stipulated in Article 12 of these Measures;
(5) Advertising spokespersons who recommend and certify products or services through various Internet self-media resources such as Weibo, forums, and instant messaging tools.
Article 6 Internet advertising operators and publishers shall apply for industrial and commercial registration, and load relevant information on industrial and commercial registration in prominent locations on their Internet media resources.
Natural persons engaged in Internet advertising operations and publishing should carry out advertising activities through third-party qualified advertising operators and submit their names, addresses, valid identity certificates, and valid contact information to the third-party advertising operators. and other true identity information. Those who meet the registration conditions shall handle industrial and commercial registration in accordance with the law.
Article 7 All parties involved in Internet advertising activities shall enter into written contracts (including electronic contracts) in accordance with the law.
Article 8 Advertisers shall be responsible for the authenticity of advertising content.
Advertisers who design, produce, act as agents, or publish Internet advertisements by themselves or entrust others to do so shall have or provide authentic, legal, and valid certification documents related to their identity, qualifications, goods or services, and advertising content.
Article 9 Advertisers that use their own Internet media resources to publish advertisements for the goods or services they produce and operate shall meet the following requirements:
(1) Obtain the approval from the industrial and commercial administration authorities in accordance with the law The issued business license, as well as the administrative licensing documents related to goods or services stipulated in laws and administrative regulations;
(2) The goods or services introduced in the advertisement shall comply with laws, administrative regulations and departmental rules. Regulation.
(3) If self-owned Internet media resources are used to publish advertisements through other people’s Internet media resources, the resource operator shall be an Internet advertising operator or publisher that complies with the provisions of Articles 4, 5, and 12 of these Measures. who. Advertisements are not allowed to be posted through websites that violate laws and regulations.
Article 10 Internet advertising operators and publishers should establish and improve Internet advertising acceptance registration, review, and file management systems; equip advertising reviewers who are familiar with advertising regulations; and set up specialized agencies if conditions permit. , responsible for the review of Internet advertising.
Internet advertising operators and publishers should check relevant certification documents and verify advertising content in accordance with laws and administrative regulations. For advertisements with inconsistent content or incomplete supporting documents, advertising operators shall not provide design, production, or agency services, and advertisement publishers shall not publish them.
Internet information service providers should check the business licenses of advertisers, advertising operators, and advertising publishers who use their Internet media resources and the administrative licenses stipulated in laws and administrative regulations related to their products or services. and other business qualification certification documents, sign a written contract (including electronic contract), and archive it for future reference; for advertising content directly displayed on the Internet media resources and other advertising information stored on this website, the Internet regulations stipulated in the first two paragraphs of this article must also be fulfilled. Obligations of Advertisers.
For Internet advertisements that have been published, advertising operators, advertising publishers and Internet information service providers should save advertising samples, contracts and supporting documents. The retention period shall be two years from the date the advertisement was last published.
Advertising operators, advertising publishers, and Internet information service providers shall publish their charging standards and charging methods for Internet advertising activities.
Article 11 If an advertiser publishes advertisements through other people's Internet media resources, when modifying the content of the advertisement that has a substantial impact on purchasing behavior or affects the basic rights and interests of consumers, the advertiser shall notify the advertisement in writing or other acceptable means. The confirmed method will notify the Internet advertising operators and Internet information service providers that provide services.
Internet information service providers should take effective technical measures and stop advertising access services for advertisements that they know or should know that advertisers have modified on their own and are suspected of violating laws and regulations.
Internet information service providers should promptly check, block or stop advertising access services for false and illegal advertisements that are discovered by themselves, reported by the public, or warned by the advertising regulatory authorities.
Article 12 Internet advertising operators may use other people’s websites, web pages, software, videos and other Internet media resources to operate and publish Internet advertisements, and shall bear corresponding legal liabilities.
In the above situation, those who publish advertising information stored in their own Internet media resources are the operators and publishers of the Internet advertising; those who do not store complete advertising information only call and push advertisements when publishing , is the Internet advertising operator and Internet information service provider of this part of the advertising content that is not stored, and the advertiser is the Internet advertising publisher of this part of the advertising content.
Internet advertising operators operating and publishing advertisements through the method in the first paragraph of this article shall perform the following obligations:
(1) Real-name registration of the identity of the owner of the Internet media resources in the first paragraph of this article information, contact information, website registration number and other relevant information, and review the registration information; when registering, you should agree with the other party that if the above information of the other party changes, you should promptly notify it;
(2) In advertisements and links or advertising areas displayed on Internet terminals to clearly indicate their identity as an advertising operator or publisher so that consumers can identify the source of advertising;
(3) Advertisements shall not be published through illegal websites;
(4) The advertisements published do not violate national laws and regulations and the provisions of these Measures.
Article 13 Where advertisements are published in private Internet spaces such as e-mails and instant messaging tools, conspicuous functional options for users to agree, refuse or unsubscribe should be set up on the advertising page or carrier. Do not send emails or other advertisements again after being rejected or unsubscribed by the user.
When advertisements are sent via email or instant messaging through mobile Internet terminals, the time option for agreeing or refusing to receive advertisements should also be set in the user's options for agreeing or refusing to receive advertisements, and shall not be set in the user's settings. The time to refuse to receive advertisements. Unless otherwise agreed with the user.
Article 14 The use of the Internet to publish advertisements shall not affect users' normal use of the Internet. Advertisements published in the form of pop-ups and other forms on Internet pages should be clearly marked with a closing sign to ensure one-click closing. If the same device logs into the website's first-level domain name and its subdomain names within 24 hours, the option to temporarily block all pop-up ads on the website should be provided when pop-up ads appear for the second time.
Do not use deceptive methods such as disguised closing to induce users to click on advertising content.
Article 15: Encourage and support Internet advertising operators and publishers to innovate business models, improve service levels, and promote the development of Internet advertising.
The following forms of unfair competition shall not be allowed in Internet advertising activities:
(1) Using browsers and other types of software and plug-ins to take actions against various types of advertisements legitimately operated by others. Restrictive measures such as interception, filtering, and coverage;
(2) Using communication lines, network equipment, plug-ins, software, domain name resolution, etc. to hijack network transmission data, tamper with or block various types of advertisements legitimately operated by others;
(3) Using false traffic, malicious implantation of data, malicious clicks, etc. to improve one's own rankings or harm the legitimate interests of others and degrade the business reputation of others;
(4) To Restricting others from entering a certain market or business field through alliances, alliances, etc.;
(5) Using other people’s trademarks and company names as keywords in text link advertisements, paid search advertisements, adding website pages or source code to improve Searchability, inducing consumers to enter wrong websites;
(6) Other unfair competition behaviors prohibited by laws and administrative regulations.
Article 16 Advertisements published through various Internet media resources such as portals or comprehensive websites, professional websites, e-commerce websites, search engines, e-mails, instant messaging tools, Internet private spaces, etc., shall have Significant recognizability enables ordinary Internet users to identify the nature of its advertisements.
Paid search results should be significantly different from natural search results, so as not to cause consumers to misunderstand the nature of the search results.
Advertisements sent in the form of emails, instant messaging, etc. should clearly indicate the source and nature of the email or information in the sender and title part, so that consumers can learn about the advertisement before opening the email or information. nature.
When natural persons recommend goods or services on the Internet in a paid manner such as charging or free use of goods or services, ordinary Internet users should be able to clearly understand the paid relationship and identify them as advertising spokespersons or other people who are different from ordinary Internet users. The user's identity.
Article 17 Any unit or individual may not design, produce, act as an agent, or design, produce, act as an agent on the Internet for goods or services that are prohibited from being produced or sold by laws or administrative regulations, or goods or services that are prohibited from advertising. Post an ad.
Advertisements for special goods or services that are subject to review by the advertising review authority as stipulated by laws and administrative regulations such as medical treatment, pharmaceuticals, medical equipment, pesticides, veterinary drugs, health food advertisements, etc., shall not be posted on the Internet without review and approval. published on.
Article 18 It is prohibited to use the Internet to publish advertisements for prescription drugs and tobacco.
Websites of all types are not allowed to link in any form to the websites and webpages owned by prescription drug manufacturing and sales enterprises and tobacco manufacturing and sales enterprises, and search engine websites are not allowed to provide paid search advertising services for such websites and webpages.
Article 19: Internet advertising activities that are suspected of being illegal shall be handled by the industrial and commercial administration authority where the advertisement publisher is located as stipulated in these Measures.
For the same illegal Internet advertisement, if two or more industrial and commercial administration agencies have jurisdiction over the relevant advertisers or advertising operators, advertising publishers, and advertising spokespersons, the administrative agency for industry and commerce that filed the case first shall Same case jurisdiction.
If the industrial and commercial administrative authorities have difficulty in controlling the parties involved in relevant advertising activities in other places, they may transfer the illegal situation and relevant evidence materials to the industrial and commercial administrative authorities in the relevant places for processing.
If an Internet information service provider violates Article 45 of the Advertising Law or Article 11 of these Measures and fails to stop the use of its information platform to publish illegal advertisements that it knows or should know about, it shall be punished by It shall be handled by the industrial and commercial administration authority in the place where it is located.
Article 20: For Internet advertisements suspected of violating the Advertising Law and these Measures, the industrial and commercial administrative authorities may, in accordance with Article 49 of the Advertising Law and legal procedures, use technical means to punish the advertisements. Investigate and inspect the Internet media resources of advertisers, advertising operators, advertising publishers and Internet information service providers, and view, retrieve and copy relevant advertising information and website background data.
Advertisers, advertising operators, advertising publishers and Internet information service providers shall assist and cooperate with the above-mentioned investigations and inspections, provide relevant technical support or eliminate technical obstacles, and shall not refuse, obstruct or set up Technical barriers.
Article 21 The administrative department for industry and commerce may adopt one of the following methods to investigate and collect evidence on Internet advertising:
(1) The regulatory authority and the parties concerned shall copy the screen and save the page separately. , after confirming the content of the Internet advertisement by taking direct photos or other methods, print and sign on the spot;
(2) Entrust a notary agency for notarization;
(3) Entrust a legal electronic evidence appraisal qualification Third-party agencies extract and confirm relevant evidence;
(4) Other evidence collection methods that comply with laws and administrative regulations.
Evidence of Internet advertising should include advertising content samples and the URL, IP address, domain name, source code, etc. that uniquely correspond to the release path of the advertisement.
Article 22 The industrial and commercial administrative organs shall disclose to the public the telephone number, mailbox or email address for accepting complaints and reporting illegal Internet advertising, and shall do so within seven working days from the date of receipt of the complaint or report. Within the time limit, a decision will be made on whether to file a case, and the complainant or whistleblower will be notified.
Article 23 Anyone who violates the provisions of Article 6 of these Measures and publishes false and illegal advertisements on the Internet without obtaining the qualifications of an Internet advertising operator or publisher in accordance with the law shall be subject to the "Measures for the Investigation, Punishment and Ban of Unlicensed Operations" and Relevant regulations on enterprise registration management shall be investigated and dealt with in accordance with relevant regulations by the industrial and commercial administrative authorities where the advertisement publisher is located and where the website domain name is registered. Those that do not have true filing information and do not have permission from the competent authorities will be transferred to the relevant competent authorities for processing in accordance with relevant regulations.
Article 24 Anyone who operates or publishes Internet advertisements in violation of Articles 7 to 18 of these Measures shall be punished in accordance with the provisions of the Advertising Law. There are no specific provisions in the Advertising Law. If there are provisions in the Anti-Unfair Competition Law, the Consumer Rights Protection Law and other relevant laws and regulations, penalties will be imposed in accordance with their provisions. If there are no specific provisions in the Advertising Law and other laws and regulations, responsible advertisers, advertising operators, advertising publishers, and Internet information service providers shall be fined not more than 10,000 yuan; if there are illegal gains, they shall be fined no more than 10,000 yuan. A fine of less than three times the income but not more than 30,000 yuan. Those suspected of committing crimes shall be handed over to the public security organs for handling.
Article 25 These Measures shall come into effect on September 1, 2015. If the provisions on Internet advertising management in previously issued administrative regulations by the State Administration for Industry and Commerce are inconsistent with these Measures, these Measures shall prevail.