Chapter 1 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 the advertising industry, and maintain social and economic order. Article 2 Within the territory of the People's Republic of China, this law shall apply to commercial advertising activities in which commodity dealers or service providers directly or indirectly introduce the goods or services they promote through certain media and forms.
The term “advertiser” as used 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 term “advertising operators” as used in this Law refers to natural persons, legal persons or other organizations that are entrusted to provide advertising design, production and agency services.
The term “advertising publisher” as used in this Law refers to the natural person, legal person or other organization that publishes advertisements for advertisers or advertising operators entrusted by advertisers.
The term “advertising spokesperson” as used in this Law refers to a natural person, legal person or other organization other than the advertiser who uses his or her own name or image to recommend or certify goods or services in advertisements. Article 3 Advertisements should be true and legal, express advertising content in a healthy form, and comply with 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 content, and shall not deceive or mislead consumers.
Advertisers should be responsible for the authenticity of advertising content. Article 5 Advertisers, advertising operators, and advertising publishers shall abide by laws and regulations, be honest and trustworthy, and compete fairly when engaging in advertising activities. Article 6 The market supervision and administration department of the State Council is responsible for the supervision and administration of advertising nationwide, and the relevant departments of the State Council are responsible for advertising management-related work within the scope of their respective responsibilities.
Local market supervision and management departments at or above the county level are responsible for the supervision and management of advertising in their respective administrative regions. Relevant departments of local people's governments at or above the county level are responsible for advertising management-related work within their respective scopes of responsibility. Article 7: Advertising industry organizations shall, in accordance with the provisions of laws, regulations and charters, formulate industry norms, strengthen industry self-discipline, promote industry development, guide members to engage in advertising activities in accordance with the law, and promote the integrity of the advertising industry. Chapter 2 Advertising Content Guidelines Article 8 In advertisements, the performance, function, origin, use, quality, ingredients, price, producer, validity period, commitment, etc. of goods or the content, provider, form, quality, price of services , promises, etc. expressed, they should be accurate, clear and understandable.
If the advertisement indicates that the goods or services promoted are accompanied by gifts, the variety, specification, quantity, period and method of the goods or services attached shall be clearly stated.
The content that laws and administrative regulations stipulate should be clearly stated in advertisements should be displayed prominently and clearly. Article 9 Advertisements shall not have the following circumstances:
(1) Use or disguised use of the national flag, national anthem, national emblem, military flag, military anthem, and military emblem of the People's Republic of China;
(2) Use or disguised use of the name or image of a state agency or state agency staff;
(3) Use terms such as "national level", "highest level", "best", etc.;
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(4) Damaging the dignity or interests of the country and leaking state secrets;
(5) Hindering social stability and harming the interests of the public;
(6) ) endangers personal and property safety, leaks personal privacy;
(7) hinders public order or violates good social customs;
(8) contains obscenity, pornography, gambling , superstitious, scary, and violent content;
(9) Content containing ethnic, racial, religious, and gender discrimination;
(10) Hindering the protection of the environment, natural resources, or cultural heritage ;
(11) Other situations prohibited by laws and administrative regulations. Article 10 Advertisements shall not harm the physical and mental health of minors and persons with disabilities. Article 11 If the matters involved in the advertising content require administrative permission, they shall be consistent with the content of the permission.
The citations used in advertisements such as data, statistics, survey results, abstracts, quotations, etc. must be true and accurate, and the source must be indicated. If the cited content has an applicable scope and validity period, it should be clearly stated. Article 12 If the advertisement involves patented products or patented methods, the patent number and patent type shall be indicated.
Those who have not obtained patent rights are not allowed to falsely claim to have obtained patent rights in advertisements.
It is prohibited to use patent applications that have not been granted patent rights and patents that have been terminated, revoked, or invalidated for advertising. Article 13 Advertisements shall not disparage the goods or services of other producers and operators. Article 14: Advertisements must be identifiable and enable consumers to identify them as advertisements.
Mass media shall not publish advertisements in the form of news reports. Advertisements released through mass media should be clearly marked "advertisement" and distinguished from other non-advertising information, so as not to mislead consumers.
When radio stations and television stations publish advertisements, they shall comply with the regulations on duration and method prescribed by the relevant departments of the State Council, and shall make clear reminders on the duration of advertisements. Article 15: Advertising is not allowed for narcotic drugs, psychotropic drugs, medical toxic drugs, radioactive drugs and other special drugs, pharmaceutical precursor chemicals, as well as drugs, medical equipment and treatment methods for drug treatment.
Prescription drugs other than those specified in the preceding paragraph may only be advertised in medical and pharmaceutical professional publications jointly designated by the health administration department of the State Council and the drug regulatory department of the State Council.