The advertising examination organs of health, food and drug supervision, agriculture and other administrative departments of press and publication, radio and television, education and construction (planning and urban management) shall, according to their respective functions and duties, do a good job in advertising examination, supervision and management. The legitimate rights and interests of advertisers, advertising agents and publishers are protected by law.
Advertisers, advertising agents and publishers shall abide by laws and regulations, follow the principles of fairness, honesty and credibility, and shall not harm the public interests or engage in unfair competition. The following advertisements shall clearly state relevant matters:
(1) Advertisements involving preferential contents or measures shall specifically indicate the items, duration, scope or amount of preferential goods or services;
(two) advertising equipment with special accessories, should indicate the equipment must buy accessories;
(3) Advertisements promoting seeds, seedlings and breeding livestock and poultry shall indicate the geographical scope and conditions suitable for planting or breeding;
(4) The advertisement of mail-order goods shall indicate the real name, detailed address, contact time and method of the advertiser in a prominent position, and the time limit for mailing mail-order goods after receiving the remittance;
(5) Where the goods or services advertised involve new technologies or new processes, the source shall be indicated;
(six) other matters that should be marked as stipulated by laws and regulations. An advertisement in any of the following circumstances shall be deemed as a false advertisement:
(1) The commodity or service advertised in the advertisement does not exist;
(2) The producer, quality, price, composition, performance, use, expiration date, place of origin, service provider, content, form, utility (effectiveness) and other information of the commodity advertised in the advertisement are obviously inconsistent with the actual situation;
(3) Failing to fulfill the promises related to commodities or services in advertisements;
(four) without the approval of the competent department of the state or an authorized unit, falsely claiming that the goods or services have passed the certification and won the honorary title;
(five) using fictitious or forged scientific research achievements, statistical data, survey results, abstracts, quotations and other supporting materials in advertisements;
(6) The efficacy, indications (functional indications), the scope of indications or the applicable population of the products advertised in the advertisements of drugs, medical devices and health foods are beyond the scope approved by the food and drug supervision and administration department;
(seven) medical advertisements publicize the effect of diagnosis and treatment, medical technology, diagnosis and treatment methods, or publicize the subjects of diagnosis and treatment beyond the scope approved by the administrative department of health;
(eight) the use or performance of the product advertised in the advertisement of special-purpose cosmetics is beyond the scope approved by the competent department of health of the state;
(nine) other important information is false. Advertising content shall not contain any of the following circumstances that belittle other people's goods or services:
(a) one-sided publicity or exaggeration of the defects of other people's goods or services;
(2) Comparing the results of appraisal, evaluation and ranking without legal and regulatory basis with other people's goods or services, so as to highlight their own goods or services;
(3) Other circumstances that damage the commercial reputation of others or the reputation of commodities. It is forbidden to publish prescription drug advertisements in media other than medical and pharmaceutical journals designated by the state.
It is forbidden to publish non-prescription drug advertisements for improving and treating sexual dysfunction in media other than medical and pharmaceutical professional journals designated by the state.
It is forbidden to publish advertisements of medical devices for treating AIDS, improving and treating sexual dysfunction in media other than medical and pharmaceutical journals designated by the state. The contents of medical advertisements can only be limited to the following items:
(1) The name of the medical institution;
(2) The address of the medical institution;
(3) Form of ownership;
(4) Category of medical institutions;
(five) diagnosis and treatment subjects;
(6) Number of beds;
(seven) the consultation time;
(eight) telephone, email, website and other contact information.
It is forbidden to publish medical advertisements other than those specified in the preceding paragraph. Advertising agents and publishers shall establish an advertising review system, review relevant supporting documents according to laws, regulations and rules, and verify the contents of advertisements to ensure that they will not cause misunderstanding among consumers.
Advertising agents shall not provide design, production and agency services for advertisements without legal supporting documents, incomplete supporting documents or false contents, and advertisement publishers shall not publish them. Advertising fees should be reasonable, open and clearly marked. Where preferential charges are implemented, the preferential conditions and standards of charges or the scope of free services shall also be indicated.
The advertising charging standards of radio stations, television stations and newspaper publishing units shall be reported to the competent price department at the same level and the advertising supervision and administration organ for the record three days before the implementation, and announced to the public. The spokespersons of enterprises, brands or product images shall strengthen self-discipline, abide by professional ethics, respect consumers' rights and interests, and refuse to endorse falsehood or misleading advertising.
No unit or individual may prove the efficacy of drugs, medical treatment, medical devices and health food in the name and image of scientific research institutions, medical institutions or consumers, patients and experts in advertisements.
No unit or individual may design, produce or publish advertisements containing the contents specified in the second paragraph. Advertisements published by radio stations, television stations and newspapers shall be marked with the words advertising, which shall be distinguished from other non-advertising information and shall not mislead consumers.
Radio stations, television stations, newspapers and periodicals are not allowed to publish advertisements in the form of news reports such as newsletters, comments, news, interviews with people, expert interviews, documentary reports and expert consultation.
If the detailed address, postal code, telephone number, e-mail address, website address and other contact information of commodity producers, sellers or service providers are indicated in the news report, it shall be deemed as an advertisement in the form of news report. Where an operating Internet information service provider publishes online advertisements for others, it shall apply to the advertising supervision and administration organ for advertising business registration.
Advertisements introducing other people's goods or services shall not appear on the websites or homepages owned by non-profit Internet information service providers.
Internet information service providers shall accept the supervision, inspection and guidance of the advertising supervision and administration organs, truthfully provide advertising-related information and data to the advertising supervision and administration organs, assist in investigating illegal advertising activities, and take measures to stop the spread of illegal advertising content. The setting of outdoor advertising shall conform to the planning of outdoor advertising. Measures for the administration of outdoor advertising planning shall be uniformly formulated by the local people's governments at or above the county level.
When publishing outdoor advertisements, it shall apply to the advertising supervision and administration organ for outdoor advertisement registration certificate in accordance with the regulations, and publish them in accordance with the approved registration items.
Outdoor advertising facilities should be firm and safe. Advertisers or advertising operators shall promptly repair and update old and damaged advertising facilities to prevent accidents.
Outdoor advertising facilities that have been approved for establishment shall not be dismantled, moved, covered or damaged by any unit or individual without authorization within the validity period. If outdoor advertising facilities need to be dismantled due to urban construction, the demolition unit shall notify the original advertisement setters in advance and compensate the economic losses appropriately. The number of public service advertisements published by radio stations, television stations, newspaper publishing units and commercial internet websites every year shall not be less than 3% of the total commercial advertisements published by them.
Encourage advertising operators, publishers and social welfare organizations to design, produce and publish public service advertisements.