The full text of the People’s Republic of China and the Advertising Law of the People’s Republic of China comes from the central government portal website: /zhengce/2015-04/25/content_2853642.htm
The People’s Republic of China’s Advertising Law Advertising Law of the People's Republic of China
(Adopted at the 10th meeting of the Standing Committee of the Eighth National People's Congress on October 27, 1994 and adopted by the 12th National People's Congress on April 24, 2015
Revised at the 14th Session of the Standing Committee of the People's Congress)
Contents
Chapter 1 General Provisions
Chapter 2 Advertising Content Guidelines
Chapter 3 Advertising Code of Conduct
Chapter 4 Supervision and Management
Chapter 5 Legal Responsibilities
Chapter 6 Supplementary Provisions
Chapter Chapter 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, commercial advertising activities where commodity dealers or service providers directly or indirectly introduce the goods or services they promote through certain media and forms shall apply. this law.
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 administrative department for industry and commerce of the State Council is responsible for the supervision and management of advertising nationwide, and the relevant departments of the State Council are responsible for work related to advertising management within the scope of their respective responsibilities.
Local industrial and commercial administrative departments at or above the county level are responsible for the supervision and management of advertising in their respective administrative regions, and 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: Performance, function, origin, use, quality, ingredients, price, producer, validity period, commitment, etc. of goods in advertisements Or express the content, provider, form, quality, price, commitment, etc. of the service, it should be accurate, clear, and clear.
If the advertisement indicates that the goods or services promoted are accompanied by gifts, the variety, specification, quantity, term 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 state agencies or state agency staff;
(3) Use of “national”, “highest level”, “most senior” "Good" and other terms;
(4) harming the dignity or interests of the country and leaking state secrets;
(5) hindering social stability and harming the interests of the public;
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(6) Endangering personal and property safety, leaking personal privacy;
(7) Obstructing public order or violating good social customs;
(8) ) contains content that is obscene, pornographic, gambling, superstitious, scary, and violent;
(9) contains content that contains ethnic, racial, religious, and gender discrimination;
(10) hinders the environment , protection of 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 should 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 cause misunderstanding among consumers.
When radio stations and television stations publish advertisements, they shall abide by 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 Narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs and other special drugs, pharmaceutical precursor chemicals, as well as drugs, medical equipment and treatment methods for detoxification treatment shall not be used as advertise.
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.
Article 16 Advertisements for medical treatments, drugs, and medical devices shall not contain the following content:
(1) Assertions or guarantees indicating efficacy and safety;
(2) Explain the cure rate or effectiveness;
(3) Compare the efficacy and safety with other drugs, medical devices or other medical institutions;
(4) Use advertising spokespersons Make recommendations and certifications;
(5) Other content prohibited by laws and administrative regulations.
The content of drug advertisements shall not be inconsistent with the instructions approved by the drug regulatory department of the State Council, and contraindications and adverse reactions shall be clearly marked. Prescription drug advertisements should clearly indicate "This advertisement is for medical and pharmaceutical professionals only", and non-prescription drug advertisements should clearly indicate "Please follow the drug instructions or purchase and use under the guidance of a pharmacist."
Ads for medical devices recommended for personal use should clearly indicate “Please read the product instructions carefully or purchase and use them under the guidance of medical personnel.” If there are contraindications or precautions in the medical device product registration certificate, the advertisement should clearly indicate “For details of contraindications or precautions, please refer to the instructions.”
Article 17 Except for advertisements for medical treatments, drugs, and medical devices, any other advertisements involving disease treatment functions are prohibited, and medical terms or terms that are likely to confuse the products being promoted with drugs or medical devices are prohibited. .
Article 18 Health food advertisements shall not contain the following content:
(1) Assertions or guarantees indicating efficacy and safety;
(2) Involving Disease prevention and treatment functions;
(3) Claiming or implying that the advertised product is necessary to protect health;
(4) Comparison with medicines and other health foods;
(5) Using advertising spokespersons for recommendations and certifications;
(6) Other content prohibited by laws and administrative regulations.
Health food advertisements should clearly indicate that “this product cannot replace medicine.”
Article 19: Radio stations, television stations, newspaper and audio-visual publishing units, and Internet information service providers shall not publish advertisements for medical treatments, drugs, medical equipment, and health food in disguised forms such as introducing health and health knowledge.
Article 20 It is prohibited to publish advertisements for infant dairy products, beverages and other foods that claim to fully or partially replace breast milk in mass media or public places.
Article 21 Advertisements for pesticides, veterinary drugs, feeds and feed additives shall not contain the following content:
(1) Assertions or guarantees indicating efficacy and safety;
(2) Use the names or images of scientific research institutions, academic institutions, technology promotion agencies, industry associations, professionals, and users to make recommendations and testimonials;
(3) Explain effectiveness;
(4) Text, language or images that violate safety regulations;
(5) Other content prohibited by laws and administrative regulations.
Article 22 It is prohibited to publish tobacco advertisements in mass media or public places, public transportation vehicles, or outdoors. Tobacco advertising of any kind to minors is prohibited.
It is prohibited to use advertisements and public service announcements for other goods or services to promote the name, trademark, packaging, decoration and similar content of tobacco products.
Relocation, name change, recruitment, etc. announcements issued by tobacco product manufacturers or sellers shall not contain tobacco product names, trademarks, packaging, decoration and similar content.
Article 23 Alcohol advertisements shall not contain the following content:
(1) Inducing or encouraging drinking or promoting uncontrolled drinking;
(2) Appearing the act of drinking;
(3) Showing activities such as driving a car, boat, or airplane;
(4) Expressing or implying that drinking can eliminate tension and anxiety, increase physical strength, etc.
Article 24 Education and training advertisements shall not contain the following content:
(1) Advice on entering a higher education, passing an examination, obtaining a degree or qualification certificate, or on education or training Make explicit or implicit guarantee promises about the results;
(2) Express or imply that relevant examination institutions or their staff and examination proposition personnel will participate in education and training;
(3) Use the names or images of scientific research institutions, academic institutions, educational institutions, industry associations, professionals, and beneficiaries for recommendations and certifications.
Article 25 Advertisements for goods or services with expected return on investment, such as investment promotion, shall have reasonable reminders or warnings about possible risks and risk responsibilities, and shall not contain the following content:
(1) Make guaranty commitments regarding future effects, benefits or situations related to them, expressly or implicitly guaranteeing capital, no risk or guaranteed returns, etc., unless otherwise stipulated by the state;
(2) Use the names or images of academic institutions, industry associations, professionals, and beneficiaries for recommendations and certifications.
Article 26 In real estate advertisements, house information should be true, the area should be indicated as the building area or the building area within the apartment, and the following content should not be included:
(1) Appreciation Or the promise of return on investment;
(2) Expressing the project location by the time required for the project to reach a specific reference object;
(3) Violating the relevant national price management regulations;
(4) Making misleading publicity about transportation, commerce, cultural and educational facilities and other municipal conditions under planning or construction.
Article 27 Crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic seedlings and breeding advertisements regarding variety names, production performance, growth amount or yield, quality, resistance, special Statements on use value, economic value, scope and conditions suitable for planting or breeding, etc. should be true, clear, and clear, and must not contain the following content:
(1) Making scientifically unverifiable assertions;< /p>
(2) Assertions or guarantees indicating efficacy;
(3) Analyzing, predicting or making guarantee commitments on economic benefits;
(4) Utilization Scientific research institutions, academic institutions, technology promotion agencies, industry associations or the names or images of professionals and users for recommendation and certification.
Article 28: Advertisements that deceive or mislead consumers with false or misleading content constitute false advertising.
Advertising is considered false advertising if it falls under any of the following circumstances:
(1) The product or service does not exist;
(2) The performance, Function, origin, purpose, quality, specifications, ingredients, price, manufacturer, validity period, sales status, honors received, etc., or the content, provider, form, quality, price, sales status, honors received, etc. of the service Information, as well as promises related to goods or services, are inconsistent with the actual situation and have a substantial impact on purchasing behavior;
(3) Using fictitious, forged or unverifiable scientific research results, statistical data, Survey results, abstracts, quotes and other information as supporting materials;
(4) Fabricating the effects of using goods or receiving services;
(5) Making false or misleading statements Other situations where the content deceives or misleads consumers.
Chapter 3 Advertising Code of Conduct
Article 29 Radio stations, television stations, newspapers and periodical publishing units engaged in advertising publishing business shall have agencies specialized in advertising business, equipped with The necessary personnel must have places and equipment suitable for publishing advertisements, and must register for advertising publishing with the local industrial and commercial administration department at or above the county level.
Article 30: Advertisers, advertising operators, and advertising publishers shall enter into written contracts in accordance with the law during advertising activities.
Article 31: Advertisers, advertising operators, and advertising publishers shall not engage in any form of unfair competition in advertising activities.
Article 32: When an advertiser entrusts the design, production, or publication of advertisements, he or she shall entrust an advertising operator or advertising publisher with legal business qualifications.
Article 33: Advertisers or advertising operators who use the name or image of others in advertisements must obtain their written consent in advance; use the name of a person without capacity for civil conduct or a person with limited capacity for civil conduct; If there is any image, the written consent of his or her guardian must be obtained in advance.
Article 34: Advertising operators and advertising publishers shall, in accordance with relevant national regulations, establish and improve the registration, review, and file management systems for undertaking advertising business.
Advertising operators and advertising publishers shall check relevant certification documents and verify advertising content in accordance with laws and administrative regulations. For advertisements with inconsistent content or incomplete supporting documents, advertising operators shall not provide design, production, or agency services, and advertisement publishers shall not publish them.
Article 35: Advertising operators and advertising publishers shall publish their charging standards and charging methods.
Article 36: The coverage, ratings, click-through rates, circulation and other information provided by advertising publishers to advertisers and advertising operators shall be true.
Article 37: No unit or individual may design, produce, act as an agent, or publish advertisements for products or services that are prohibited from being produced or sold or provided by laws and administrative regulations, as well as goods or services that are prohibited from advertising. .
Article 38 Advertising spokespersons who recommend or certify goods and services in advertisements shall be based on facts and comply with the provisions of this Law and relevant laws and administrative regulations, and shall not recommend unused goods. Or provide recommendations and certifications for services that have not been received.
Do not use minors under the age of ten as advertising spokespersons.
Natural persons, legal persons or other organizations that have made recommendations in false advertisements and have been subject to administrative penalties for less than three years shall not be used as advertising spokespersons.
Article 39: Advertising activities shall not be carried out in primary and secondary schools and kindergartens, and teaching materials, teaching aids, exercise books, stationery, teaching aids, school uniforms, school buses, etc. for primary and secondary school students and young children shall not be used to publish or disguise them. Publish advertisements, except public service announcements.
Article 40: Medical, pharmaceutical, health food, medical equipment, cosmetics, alcohol, and beauty advertisements, as well as advertisements that are detrimental to the physical and mental health of minors, are not allowed to be published on mass media aimed at minors. Online game advertising.
Advertisements for goods or services targeted at minors under the age of fourteen shall not contain the following content:
(1) Inducing them to ask their parents to purchase the advertised goods or services;
(2) It may cause them to imitate unsafe behaviors.
Article 41: Local people's governments at or above the county level shall organize relevant departments to strengthen the supervision and management of the use of outdoor places, spaces, facilities, etc. to publish outdoor advertisements, and formulate plans and safety requirements for outdoor advertisements.
The management methods for outdoor advertising are stipulated by local regulations and local government regulations.
Article 42 No outdoor advertisements shall be set up under any of the following circumstances:
(1) Using traffic safety facilities and traffic signs;
(2) Affecting the use of municipal public facilities, traffic safety facilities, traffic signs, fire protection facilities, and fire safety signs;
(3) Impeding production or people’s lives and damaging the appearance of the city;< /p>
(4) Set up in construction control zones of state agencies, cultural relics protection units, scenic spots, etc., or in areas where outdoor advertising is prohibited by local people's governments at or above the county level.
Article 43: No unit or individual may send advertisements to the residence, transportation, etc. of the parties without the consent or request of the parties, nor may they send advertisements to them in the form of electronic messages.
If advertisements are sent by means of electronic messages, the true identity and contact information of the sender shall be clearly stated, and the recipient shall be provided with a method to refuse further receipt.
Article 44: The provisions of this Law shall apply to the use of the Internet to engage in advertising activities.
Using the Internet to publish and send advertisements shall not affect users' normal use of the Internet. Advertisements published in the form of pop-ups and other forms on Internet pages should be clearly marked with a closing sign to ensure one-click closing.
Article 45: Managers of public places or telecommunications business operators or Internet information service providers use their places or information transmission and release platforms to send or publish information that they know or should have known about. Illegal advertising shall be stopped.
Chapter 4 Supervision and Management
Article 46: Advertisements for medical treatments, drugs, medical devices, pesticides, veterinary drugs and health food, as well as those that are subject to review under laws and administrative regulations For other advertisements, the relevant departments (hereinafter referred to as the advertising review agencies) shall review the contents of the advertisements before they are released; they shall not be released without review.
Article 47: Advertisers applying for advertising review shall submit relevant supporting documents to the advertising review authority in accordance with laws and administrative regulations.
The advertising review authority shall make review decisions in accordance with laws and administrative regulations, and shall send a copy of the review and approval document to the industrial and commercial administration department at the same level. Advertising review agencies shall promptly announce approved advertisements to the public.
Article 48: No unit or individual may forge, alter or transfer advertising review and approval documents.
Article 49: When performing the duties of advertising supervision and management, the industrial and commercial administrative department may exercise the following powers:
(1) Conduct on-site inspections of places suspected of engaging in illegal advertising activities;< /p>
(2) Question the parties suspected of violating the law or their legal representatives, principal persons in charge and other relevant personnel, and investigate relevant units or individuals;
(3) Require the parties suspected of violating the law within a time limit Provide relevant supporting documents;
(4) Check and copy contracts, bills, account books, advertising works and other relevant materials related to suspected illegal advertising;
(5) Seize and detain Advertising items, business tools, equipment and other property directly related to suspected illegal advertisements;
(6) Order to suspend the publication of suspected illegal advertisements that may cause serious consequences;
(7) Law , other powers stipulated in administrative regulations.
The industrial and commercial administrative departments should establish and improve advertising monitoring systems, improve monitoring measures, and promptly discover and investigate and deal with illegal advertising behaviors in accordance with the law.
Article 50: The administrative department for industry and commerce of the State Council shall, in conjunction with relevant departments of the State Council, formulate codes of conduct for mass media advertising releases.
Article 51: When the industrial and commercial administrative departments exercise their powers in accordance with the provisions of this Law, the parties concerned shall assist and cooperate and shall not refuse or obstruct.
Article 52: The industrial and commercial administrative departments and relevant departments and their staff have the obligation to keep confidential the commercial secrets they learn during advertising supervision and management activities.
Article 53: Any unit or individual has the right to complain or report violations of this Law to the industrial and commercial administrative department and relevant departments. The administrative department for industry and commerce and relevant departments shall disclose to the public the telephone number, mailbox or email address for accepting complaints and reports. The department that receives the complaint or report shall handle it and notify the complaint within seven working days from the date of receipt of the complaint. , whistleblower.
If the industrial and commercial administrative department and relevant departments fail to perform their duties in accordance with the law, any unit or individual has the right to report it to its superior authority or supervisory authority. The agency that receives the report shall handle it in accordance with the law and promptly notify the whistleblower of the handling results.
Relevant departments should keep complaints and whistleblowers confidential.
Article 54 Consumer associations and other consumer organizations shall take social action in accordance with the law against violations of the provisions of this law, publishing false advertisements that infringe upon the legitimate rights and interests of consumers, and other behaviors that harm the interests of the public. supervision.
Chapter 5 Legal Responsibilities
Article 55: Anyone who violates the provisions of this Law and publishes false advertisements shall be ordered by the industrial and commercial administration department to stop publishing advertisements and order the advertiser to If the impact is eliminated within a period of time, a fine of not less than three times but not more than five times of the advertising fee will be imposed. If the advertising fee cannot be calculated or is obviously low, a fine of not less than 200,000 yuan but not more than 1 million yuan will be imposed; if there are more than three illegal acts within two years or other violations If the circumstances are serious, a fine of not less than five times but not more than ten times the advertising fee shall be imposed. If the advertising fee cannot be calculated or is obviously too low, a fine of not less than one million yuan but not more than two million yuan may be imposed, the business license may be revoked, and the advertising review authority may The advertising review approval document will be revoked and its application for advertising review will not be accepted within one year.
If a medical institution commits any illegal act specified in the preceding paragraph and the circumstances are serious, in addition to being punished by the industrial and commercial administrative department in accordance with this Law, the health administrative department may revoke the diagnosis and treatment subjects or revoke the medical institution's practice license.
If an advertising operator or advertising publisher knows or should know that the advertisement is false but still designs, produces, acts as an agent, or publishes it, the administrative department for industry and commerce shall confiscate the advertising fee and impose a fine of not less than three times but not more than five times the advertising fee. Fines. If the advertising fee cannot be calculated or is obviously low, a fine of not less than 200,000 yuan but not more than one million yuan shall be imposed; if there are more than three violations within two years or there are other serious circumstances, a fine of not less than five times but not more than ten times of the advertising fee shall be imposed. If the advertising fee cannot be calculated or is obviously low, a fine of not less than one million yuan but not more than two million yuan will be imposed, and the relevant departments may suspend the advertising business, revoke the business license, and revoke the advertising registration certificate.
Advertisers, advertising operators, and advertising publishers who commit acts specified in paragraphs 1 and 3 of this article, constituting a crime, shall be held criminally responsible in accordance with the law.
Article 56: Whoever violates the provisions of this Law by publishing false advertisements to deceive or mislead consumers, causing damage to the legitimate rights and interests of consumers who purchase goods or receive services, the advertiser shall bear civil liability in accordance with the law. . If the advertising operator or advertising publisher cannot provide the advertiser's real name, address and valid contact information, consumers may require the advertising operator or advertising publisher to compensate in advance.
If false advertising of goods or services related to the life and health of consumers causes damage to consumers, the advertising operators, advertising publishers, and advertising spokespersons shall bear joint and several liability with the advertisers.
If false advertisements for goods or services other than those specified in the preceding paragraph cause harm to consumers, the advertising operators, advertising publishers, and advertising spokesmen who knew or should have known that the advertisements were false still designed, produced, acted as agents, Those who publish or make recommendations or certifications shall bear joint and several liability with the advertiser.
Article 57: Anyone who commits any of the following acts shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, and the advertiser shall be fined not less than 200,000 yuan but not more than 1 million yuan. If the circumstances are serious, The business license may be revoked, and the advertising review approval document shall be revoked by the advertising review authority, and its application for advertising review shall not be accepted within one year. Advertising operators and advertising publishers shall have their advertising fees confiscated by the industrial and commercial administration department and impose a fine of more than 200,000 yuan. A fine of not more than one million yuan, and in serious cases, the business license and the registration certificate for advertising publication may be revoked:
(1) Publishing advertisements that are prohibited under Articles 9 and 10 of this Law ;
(2) Violating the provisions of Article 15 of this Law by publishing advertisements for prescription drugs, advertisements for pharmaceutical precursor chemicals, and advertisements for medical equipment and treatment methods for drug treatment;
(3) Violating the provisions of Article 20 of this Law by publishing advertisements for infant dairy products, beverages and other foods that claim to fully or partially replace breast milk;
(4) Violating Article 22 of this Law Providing for the publication of tobacco advertisements;
(5) Violating the provisions of Article 37 of this Law, using advertisements to promote products or services that are prohibited from being produced or sold, or goods or services for which advertising is prohibited;
(6) Violating the provisions of Article 40, Paragraph 1 of this Law, publishing medical, pharmaceutical, health food, medical equipment, cosmetics, alcohol, and beauty advertisements on mass media targeted at minors , as well as online game advertisements that are harmful to the physical and mental health of minors.
Article 58: Anyone who commits any of the following acts shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, the advertiser shall be ordered to eliminate the impact within the corresponding scope, and a fine of not less than one time but not more than three times the advertising fee shall be imposed. , if the advertising cost cannot be calculated or is obviously low, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than three times but not more than five times of the advertising cost shall be imposed. If the advertising cost cannot be calculated or is obviously low, A fine of not less than RMB 200,000 but not more than RMB 1 million may be imposed, the business license may be revoked, the advertising review approval document shall be revoked by the advertising review authority, and the advertising review application shall not be accepted within one year:
(1) Violation Article 16 of this Law stipulates the publication of advertisements for medical treatments, drugs, and medical devices;
(2) Violating the provisions of Article 17 of this Law, involving disease treatment functions in advertisements, and using medical terms or easily Terms that confuse the goods being promoted with drugs or medical devices;
(3) Violating the provisions of Article 18 of this Law by publishing health food advertisements;
(4) Violating Article 21 of this Law provides for publishing advertisements for pesticides, veterinary drugs, feeds and feed additives;
(5) Publishing alcohol advertisements in violation of Article 23 of this Law;
< p>(6) Violating the provisions of Article 24 of this Law by publishing education and training advertisements;(7) Violating the provisions of Article 25 of this Law by publishing investment invitations and other products with expected return on investment or Service advertising;
(8) Violating the provisions of Article 26 of this Law to publish real estate advertisements;
(9) Violating the provisions of Article 27 of this Law to publish crop seeds , forest seeds, grass seeds, breeding livestock and poultry, aquatic seeds and breeding advertisements;
(10) Violating the provisions of paragraph 2 of Article 38 of this Law, taking advantage of minors under the age of ten (11) Violating the provisions of paragraph 3 of Article 38 of this Law, using natural persons, legal persons or other organizations as advertising spokespersons;
( 12) Violating the provisions of Article 39 of this Law by publishing advertisements in primary and secondary schools, kindergartens or using articles related to primary and secondary students and young children;
(13) Violating Article 40 of this Law Paragraph 2 of this Article stipulates that publishing advertisements for goods or services targeted at minors under the age of fourteen; (14) Violating the provisions of Article 46 of this Law, publishing advertisements without review of.
If a medical institution commits any illegal act specified in the preceding paragraph and the circumstances are serious, in addition to being punished by the industrial and commercial administrative department in accordance with this Law, the health administrative department may revoke the diagnosis and treatment subjects or revoke the medical institution's practice license.
If an advertising operator or advertising publisher knows or should know that there is an illegal act specified in paragraph 1 of this article but still designs, produces, acts as an agent, or publishes the advertising fee, the administrative department for industry and commerce shall confiscate the advertising fee and impose a 100% fine on the advertising fee. If the advertising fee cannot be calculated or is obviously too low, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than three times but not more than five times of the advertising fee may be imposed, and the advertising fee cannot be calculated. If the calculation is obviously too low, a fine of not less than 200,000 yuan but not more than 1 million yuan will be imposed, and the relevant departments may suspend the advertising business, revoke the business license, and revoke the advertising registration certificate.
Article 59: Anyone who commits any of the following acts shall be ordered by the industrial and commercial administration department to stop publishing advertisements and the advertiser shall be fined not more than 100,000 yuan:
(1) The content of the advertisement violates 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) The advertisement involving patents violates the provisions of this Law Article 12 of the Law;
(4) Violating the provisions of Article 13 of the Law, advertisements disparaging the goods or services of other producers and operators.
If an advertising operator or advertising publisher knows or should know that there is an illegal act specified in the preceding paragraph but still designs, produces, acts as an agent, or publishes it, the industrial and commercial administrative department shall impose a fine of not more than 100,000 yuan.
If the advertisement violates the provisions of Article 14 of this Law and is not identifiable, or violates the provisions of Article 19 of this Law by disguising advertisements for medical treatment, medicines, medical equipment or health food, the industrial and commercial authorities shall The administrative department ordered corrections and imposed a fine of not more than 100,000 yuan on the publisher of the advertisement.
Article 60 If any radio station, television station, or newspaper publishing unit violates the provisions of Article 29 of this Law and fails to register for advertising publishing and engages in advertising publishing business without authorization, the industrial and commercial administrative department shall order it to make corrections. Illegal gains shall be confiscated. If the illegal gains exceed 10,000 yuan, a fine of not less than one time but not more than three times the illegal gains shall be imposed; if the illegal gains are less than 10,000 yuan, a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed.
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