Advertising law punishment

Legal analysis: after the implementation of the new advertising law, the punishment for extreme speech changed from the original refund of one to compensation of three to a fine of 200,000. The new advertising law stipulates that minors under the age of 10 shall not be used as advertising spokespersons. Advertising activities shall not be carried out in primary and secondary schools and kindergartens, and textbooks, teaching AIDS, exercise books, stationery, teaching AIDS, school uniforms and school buses for primary and secondary school students and children shall not be used to publish or publish advertisements in disguised form, except for public service advertisements. Advertisements for medical treatment, medicines, health food, medical devices, cosmetics, alcohol, beauty, etc. aimed at minors and online game advertisements that are not conducive to the physical and mental health of minors shall not be published in the mass media. Advertisements for goods or services of minors under the age of 14 shall not contain the following contents: (1) persuading them to ask their parents to buy the advertised goods or services; (two) may lead to its imitation of unsafe behavior. In case of any of the following acts, the administrative department for industry and commerce shall order advertisers to stop publishing advertisements, and impose a fine of more than 200,000 yuan/kloc-0,000 yuan. If the circumstances are serious, the business license may be revoked, and the approval document for advertising review shall be revoked by the advertising review organ, and its application for advertising review shall not be accepted within one year; For advertising agents and publishers, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of more than 200,000 yuan/kloc-0,000 yuan. If the circumstances are serious, the business license and the registration certificate of advertisement publication may be revoked: (6) Violating the provisions of the first paragraph of Article 40 of this Law, publishing advertisements on medical treatment, medicines, health food, medical devices, cosmetics, alcohol and beauty for minors in the mass media, which is not conducive to the physical and mental health of minors.

Legal basis: Advertising Law of People's Republic of China (PRC).

Article 12 Where an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated. Those who have not obtained the patent right shall not lie in advertisements that they have obtained the patent right. It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising.

Article 59 In case of any of the following acts, the market supervision and administration department shall order it to stop publishing advertisements and impose a fine of less than 100,000 yuan on advertisers: (1) The contents of advertisements violate the provisions of Article 8 of this Law; (2) The content quoted in the advertisement violates the provisions of Article 11 of this Law; (3) Advertisements involving patents violate the provisions of Article 12 of this Law; (4) In violation of the provisions of Article 13 of this Law, advertisements belittle the goods or services of other producers and operators. Advertising agents and publishers who design, produce, act as agents or publish while knowing or should know that there are illegal acts as stipulated in the preceding paragraph shall be fined not more than 100,000 yuan by the market supervision and management department. Advertisements that violate the provisions of Article 14 of this Law and are not recognizable, or those that violate the provisions of Article 19 of this Law and publish advertisements of medical treatment, medicines, medical devices and health foods in disguised form, shall be ordered by the market supervision and management department to make corrections, and the advertisers shall be fined not more than 100,000 yuan.