What are the rules for publishing advertisements containing fund-raising content?

Before the promulgation of the Regulations on the Prevention and Disposal of Illegal Fund-raising, there was a lack of detailed and specific restrictions on the advertising information released by advertisers, advertising agents and Internet information service providers, which led some institutions to publish advertising information at will for economic benefits, which facilitated illegal fund-raising. In order to effectively cut off the information dissemination chain of illegal fund-raising, the Regulations clearly stipulate the advertising rules and the responsibilities of relevant departments.

First, it is forbidden to illegally publish fund-raising advertising information. The Regulations stipulate that, unless otherwise stipulated by the state, no unit or individual may publish advertisements containing fund-raising contents or publicize fund-raising to the public in other ways.

The second is to clarify the regulatory responsibility. The Regulations stipulate the responsibilities of market supervision and management, Internet information content management, telecommunications authorities and the lead department in handling illegal fund-raising for the supervision of Internet information and Internet applications such as websites and mobile applications suspected of illegal fund-raising, as well as the responsibility to investigate and deal with illegal acts according to law, and build a long-term mechanism for illegal fund-raising advertisements and Internet information governance.

Third, it integrates the responsibilities of advertising operators, publishers and Internet information service providers. The "Regulations" stipulate that advertising agents and publishers shall review relevant supporting documents and check the contents of advertisements according to law. Advertising agents shall not provide design, production or agency services for advertisements without relevant supporting documents and containing fund-raising contents, and advertisement publishers shall not publish them; Internet information service providers shall strengthen the management of information released by users, and shall not produce, copy, publish or disseminate information suspected of illegal fund-raising.

Legal basis:

Regulations on Prevention and Disposal of Illegal Fund-raising

Eleventh unless otherwise stipulated by the state, no unit or individual may publish advertisements containing fund-raising content or publicize fund-raising to the public in other ways.

The market supervision and management department will strengthen the monitoring of advertisements suspected of illegal fund-raising together with the lead department for handling illegal fund-raising. If the lead department of illegal fund-raising finds it as illegal fund-raising, the market supervision and management department shall promptly investigate and deal with relevant illegal fund-raising advertisements according to law.

Advertising agents and publishers shall, in accordance with laws and administrative regulations, review relevant supporting documents and check the contents of advertisements. For advertisements without relevant supporting documents and containing fund-raising contents, advertising operators shall not provide design, production and agency services, and advertisement publishers shall not publish them.

Twelfth the State Council financial management departments to deal with illegal fund-raising lead departments and local branches shall establish a monitoring mechanism for illegal fund-raising. The State Council financial management department and its branches shall, in accordance with the division of responsibilities, supervise and guide financial institutions and non-bank payment institutions to strengthen the monitoring of abnormal capital flows and other suspected illegal fund-raising behaviors.