I. Legal basis
(1) Qualitative basis: Article 9 of the new advertising law.
(2) Basis for punishment: Article 57 of the new advertising law.
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 advertising release may be revoked: (1) Publishing advertisements in prohibited situations as stipulated in Articles 9 and 10 of this Law.
Compared with the old Advertising Law, the legal responsibility is generally aggravated. Second, the basic principles
(A) the core principles
Article 4 of the new advertising law: "Advertisements shall not contain false or misleading contents, and shall not deceive or mislead consumers." The reason why the advertising law prohibits absolute language is to prevent advertisements that deceive and mislead consumers, which is the core principle to judge whether absolute language violates the advertising law.
(2) Specific principles
To investigate and deal with advertising cases with absolute terms, the following principles shall be implemented:
1, the word "etc." in the third item of Article 9 means that the list is not exhaustive, that is, the so-called equivalence. The absolute terms prohibited by the Advertising Law are not limited to "national level", "highest level" and "best" listed in the law, and similar absolute terms are prohibited.
2. The three words "national level", "superlative level" and "best" specified in the third paragraph of Article 9 are superlative adjectives to express degree. According to the principle of equivalent analogy, the absolute language prohibited by the advertising law should be limited to the superlative adjective or similar sentences expressing the degree.
3. Article 9 adopts the expression "advertising shall not be under any of the following circumstances", indicating that absolute adjectives are absolutely prohibited by law, regardless of whether the expression is objective or true. Third, qualitative analysis.
Whether the absolute terms in advertisements are illegal or not should be comprehensively judged in combination with the above basic principles. We should not be too broad, classify all absolute terms as illegal terms, and we should not be too dogmatic, thinking that there is no "highest" level. The specific analysis is as follows:
(1) is an absolute noun as an adjective: forbidden.
There are many absolute terms to describe the degree, size, quantity, old and new, advantages and disadvantages of space. In addition to the "national level", "superlative level" and "best" listed in the Advertising Law, the State Administration for Industry and Commerce also explicitly replied that "top level", "best quality" and "first brand" have the same meanings as "national level", "superlative level" and "best". The most typical words are those that start with the word "most". The Interim Provisions on the Publication of Food Advertisements (Revised Draft) (Draft for Comment) stipulates that food advertisements shall not contain absolute language or expressions such as "latest science", "latest technology" and "most advanced processing technology". Others are world-class, omnipotent, global, pioneering, extreme, 100% safe, 99.9999% effective, pure natural, cure all diseases, radical and unique. As mentioned above, the third item of Article 9 absolutely prohibits the absolute use of adjectives, regardless of whether the expression is objective or true. The reason is that such statements often have a great deceptive and misleading effect on consumers.
Many people think that apart from the words "national level", "superlative level" and "best", absolute terms such as superlative level and first level are not illegal as long as there is evidence to prove that they are true. On the day of the implementation of the Advertising Law, a brand even advertised "the new advertising law protects the truth first" in Tmall. This is actually a dogmatic misunderstanding of the third item of Article 9 of the Advertising Law. Sales first, sales highest and sales best, but these three sentences express the same meaning. Assuming that advertisers really sell first, it is illegal to judge "best sales" just because the advertising law only lists "best", while "first sales" and "highest sales" are legal, because they are true, the law will not become a child's play. On the other hand, if only false absolutization is illegal, then there is no need to prohibit absolutization, because there are special provisions in the advertising law that stipulate the legal liability of false advertisements.
Absolute nouns as adjectives can be legally used in the following three situations: first, they can be used to describe products within the same brand or enterprise, such as the largest apartment, the smallest apartment, the latest products, top models and so on. , and can be legally used under the condition of clear objective scope. The second is to express the business philosophy or goal pursuit of the enterprise, such as "customer first, honesty first" and "pursuing ultimate safety". In the above two cases, if the absolute language in the description is too prominent in the advertising copy, misleading consumers, it still violates the prohibition of absolute language. Third, as part of the fixed terms, such as the Supreme Court and the Chinese Super League. (2) As an absolute term of ordinal number or quantifier, it is allowed to be used truthfully.
As absolute items of ordinal number, such as premiere, premiere, premiere, first, first, earliest establishment, etc. And absolute terms as quantifiers, such as exclusive agency and exclusive authorization, are allowed in principle if they are based on facts and can be fully expressed clearly, so as not to mislead consumers.
The problem is not big. There are people who specialize in this profession, and the Industrial and Commercial Bureau also knows that it will not be punished generally. It's true that you used inappropriate advertising language and wrote a good explanation in the industrial and commercial bureau according to their requirements. If it has been modified, the screenshots before and after modification will not change. If there is no modification, the industrial and commercial bureau also suggests that you take it off the shelf immediately. Generally, there is no punishment.
Chapter V Legal Liability of the Advertising Law Article 55:
In violation of the provisions of this law, publishing false advertisements shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, and advertisers shall be ordered to eliminate the influence within the corresponding scope, and a fine of not less than three times but not more than five times the advertising expenses shall be imposed; If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed;
If there are more than three illegal acts or other serious circumstances within two years, a fine of five to ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan may be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year.
Extended data:
Article 56 Advertisers who, in violation of the provisions of this Law, publish false advertisements, deceive or mislead consumers, and damage the legitimate rights and interests of consumers in purchasing goods or receiving services shall bear civil liability according to law.
Article 73 If the market supervision and management department fails to investigate and deal with illegal advertising behaviors found in the performance of advertising monitoring duties or illegal advertising behaviors found after complaints and reports, the responsible person in charge and the person directly responsible shall be punished according to law.
Baidu Encyclopedia-Advertising Law
In Alibaba's advertising law, if the forbidden words are complained to the Industrial and Commercial Bureau, the advertisements should be rectified and punished according to the requirements of the Industrial and Commercial Bureau.
According to Article 53 of the Advertising Law of People's Republic of China (PRC), any unit or individual has the right to complain and report violations of this law to the administrative department for industry and commerce and relevant departments. The administrative department for industry and commerce and the relevant departments shall open the telephone number, email address or email address for accepting complaints and reports to the public, and the department accepting complaints and reports shall deal with them within seven working days from the date of accepting complaints, and inform the complainants and informants.
Where the administrative department for industry and commerce and relevant departments fail to perform their duties according to law, any unit or individual has the right to report to its superior organ or supervisory organ. The organ that receives the report shall handle it according to law and inform the informant of the result in time. The relevant departments shall keep confidential the complainants and informants.
Extended data:
Article 55 of the Advertising Law of People's Republic of China (PRC) Municipality publishes false advertisements in violation of the provisions of this Law, and the administrative department for industry and commerce shall order it to stop publishing advertisements, order advertisers to eliminate the influence within the corresponding scope, and impose a fine of more than three times and less than five times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed;
If there are more than three illegal acts or other serious circumstances within two years, a fine of five to ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan may be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year.
If a medical institution commits an illegal act specified in the preceding paragraph, and the circumstances are serious, the administrative department for industry and commerce may revoke the medical institution's diagnosis and treatment subjects or practice license in addition to punishment according to this law.
If an advertising agent or publisher designs, produces, represents or publishes an advertisement knowing or should know that it is false, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of not less than three times but not more than five times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed.
If there are more than three illegal acts or other serious circumstances within two years, a fine of not less than five times but not more than ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan shall be imposed, and the relevant departments may suspend the advertising business, revoke the business license and revoke the advertising registration certificate. Advertisers, advertising agents and publishers who commit the acts specified in the first and third paragraphs of this article, which constitute a crime, shall be investigated for criminal responsibility according to law.
Baidu Encyclopedia-People's Republic of China (PRC) Advertising Law
Reply of the State Administration for Industry and Commerce on whether the advertisement contains the first violation-:Hello! As absolute items of ordinal number, such as premiere, premiere, premiere, first, first, earliest establishment, etc. And absolute terms as quantifiers, such as exclusive agency and exclusive authorization, are allowed in principle if they are based on facts and can be fully expressed clearly, so as not to mislead consumers.
Does AIC allow Adolf to appear in the advertisement? If the Administration for Industry and Commerce doesn't allow you, you can slip some money in the dark.
20 1 1 In April, Publicity Department of the Communist Party of China, the State Administration for Industry and Commerce and the State Administration of Radio, Film and Television jointly issued the Notice on Cleaning up Advertisements with Bad Content, demanding that the current media advertisements should be styled, abuse idioms and ...-:[Options] A. The government is maintaining the political stability of the country B. The government conducts market supervision C. The government organizes and leads socialism.
9.2065438+On February 20, 2000, the State Administration for Industry and Commerce promulgated the Implementation Opinions on 20 10 Special Treatment of False and Illegal Advertisements, and false advertisements such as medical, pharmaceutical and health food advertisements were identified as the focus of this year's treatment ...-:[Option] A.123b.234c./kloc.
State regulations on advertising -: 1. People's Republic of China (PRC) advertising law. Regulations on advertising management. Detailed rules for the implementation of the regulations on advertising management 4. Decision of the State Administration for Industry and Commerce on adjusting the relevant provisions of the Regulations on Advertising Supervision according to the newly revised Detailed Rules for the Implementation of the Regulations on Advertising Management. Notice of the Supreme People's Procuratorate on Conscientiously Implementing the Advertising Law of People's Republic of China (PRC) * * * 6. 7. Reply of the State Administration for Industry and Commerce on the responsibility of advertising examination organs and parties involved in advertising activities. Reply of the State Administration for Industry and Commerce on the scope of application of the relevant provisions of the Advertising Law. Notice of the State Administration for Industry and Commerce on Strengthening the Administration of Patent Advertising Certification. Reply of the State Administration for Industry and Commerce on Relevant Issues in the Implementation of the Advertising Law
Does the industrial and commercial business license include "the design, production and release of advertisements"? Yes, they are all included. However, it is necessary to sign a venue lease contract with the media owner before publishing advertisements, and to register outdoor advertisements before publishing outdoor advertisements. Without registration, outdoor advertisements may not be published.
Articles 11 and 40 of People's Republic of China (PRC) Advertising Law, the advertising law of the Administration for Industry and Commerce, respectively stipulate: Article 11 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 unauthorized patent applications and terminated patent applications. ...
Does the word "most" appear in the baby description violate the advertising law? -:This description is not illegal, but at most it is suspicion, and it is impossible to make an absolute determination. Regarding the advertising law, the State Administration for Industry and Commerce has made a statement, which does not mean that goods with certain characters will be banned. And he complained to the industrial and commercial bureau, and the industrial and commercial bureau can't deal with you directly. You are a Taobao shop, not an enterprise (not a Taobao enterprise shop). As for how much it costs, you can ignore it. Can it be determined that the buyer has committed a crime?
Does the Administration for Industry and Commerce have an advertising department-:specifically,no. From the name, the advertising department should be a profit-making department or a department with advertising design functions. The Administration for Industry and Commerce is an administrative organ, which has the function of supervising all kinds of advertisements, but does not have the function of advertising design. Nominally, it is also "advertising supervision and management office (department) and advertising department (department)". Hehe, do you understand? I'm from the Advertising Supervision Section of the Administration for Industry and Commerce. I hope my answer will satisfy you.