Advertisers mentioned in this Law refer to natural persons, legal persons or other organizations that design, produce and publish advertisements by themselves or by entrusting others for the purpose of promoting goods or services.
Advertising agents mentioned in this Law refer to natural persons, legal persons or other organizations entrusted to provide advertising design, production and agency services.
Advertisers mentioned in this Law refer to natural persons, legal persons or other organizations that publish advertisements for advertisers or advertising agents entrusted by advertisers.
Advertising spokespersons as mentioned in this Law refer to natural persons, legal persons or other organizations other than advertisers who recommend and certify goods and services in their own names or images in advertisements. Article 3 Advertisements should be truthful and lawful, with healthy contents, and meet 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 contents, and shall not deceive or mislead consumers.
Advertisers should be responsible for the authenticity of advertising content. Article 5 Advertisers, advertising agents and 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 management department in the State Council is in charge of the national advertising supervision and management, and the relevant departments in the State Council are responsible for the advertising management within their respective functions and duties.
The local market supervision and management departments at or above the county level shall be in charge of advertising supervision and management within their respective administrative areas, and the relevant departments of the local people's governments at or above the county level shall be responsible for advertising management within their respective functions and duties. Article 7 Advertising industry organizations shall, in accordance with the provisions of laws, regulations and articles of association, formulate industry norms, strengthen industry self-discipline, promote industry development, guide members to engage in advertising activities according to law, and promote the integrity construction of the advertising industry. Chapter II Standards for Advertising Contents Article 8 An advertisement indicates performance, function, place of origin, use, quality, ingredients, price, producer, expiration date, commitment, etc. Refers to the commodity or its content, provider, form, quality, price, commitment, etc. Services should be accurate, clear and easy to understand.
If the advertisement indicates that the goods or services promoted are accompanied by gifts, it shall clearly state the variety, specifications, quantity, duration and method of the goods or services with gifts.
The contents that should be clearly stated in advertisements as stipulated by laws and administrative regulations should be clear and explicit. Article 9 An advertisement shall not be under any of the following circumstances:
(a) the use or disguised use of National Flag of the People's Republic of China, national anthem, national emblem, military flag, military song and military emblem;
(2) using or using in disguised form the name or image of a state organ or a functionary of a state organ;
(3) using terms such as "national level", "highest level" and "best";
(four) damage the dignity or interests of the state, revealing state secrets;
(5) Obstructing social stability and harming public interests;
(6) endangering personal and property safety and revealing personal privacy;
(7) Obstructing public order or violating good social customs;
(8) Containing obscenity, pornography, gambling, superstition, terror and violence;
(9) Contents containing ethnic, racial, religious and gender discrimination;
(ten) hinder the protection of the environment, natural resources or cultural heritage;
(eleven) other circumstances prohibited by laws and administrative regulations. Article 10 Advertisements shall not harm the physical and mental health of minors and disabled persons. Article 11 Where an advertisement involves matters that require administrative license, it shall be consistent with the contents of the license.
Advertisements cited by using data, statistics, survey results, abstracts, quotations, etc. shall be true and accurate, and the source shall be indicated. If the quoted content has the scope of application and the validity period, it shall be indicated. 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 13 Advertisements shall not belittle the goods or services of other producers or operators. Article 14 An advertisement should be identifiable so that consumers can recognize it as an advertisement.
The mass media shall not publish advertisements in disguised form in the form of news reports. Advertisements published through the mass media should be marked with the word "advertisement" to distinguish them from other non-advertising information and must not mislead consumers.
Radio stations and television stations shall abide by the provisions of the relevant departments of the State Council on the length and manner of advertisements, and make obvious hints on the length of advertisements. Article 15 No advertisements shall be published for narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs and other special drugs, pharmaceutical precursor chemicals, drug rehabilitation drugs, medical devices and treatment methods.
Prescription drugs other than those specified in the preceding paragraph can only be advertised in medical and pharmaceutical journals designated by the health administrative department of the State Council and the drug supervision and administration department of the State Council.