Chapter 1 General Provisions Article 1 In order to regulate advertising activities, promote the healthy development of the advertising industry, protect the legitimate rights and interests of consumers, maintain social and economic order, and give full play to the positive role of advertising in the socialist market economy, Enact this law. Article 2 Advertisers, advertising operators, and advertising publishers shall abide by this Law when engaging in advertising activities within the territory of the People's Republic of China.
The term “advertising” as mentioned in this Law refers to commercial advertisements in which commodity dealers or service providers bear the expense and directly or indirectly introduce the goods they promote or the services they provide through certain media and forms.
The term “advertiser” as used in this Law refers to a legal person, other economic organization or individual who designs, produces and publishes advertisements by himself or by entrusting others to promote goods or provide services.
Advertising operators as mentioned in this Law refer to legal persons, other economic organizations or individuals who are entrusted to provide advertising design, production and agency services.
The term “advertising publisher” as used in this Law refers to a legal person or other economic organization that publishes advertisements for advertisers or advertising operators entrusted by advertisers. Article 3 Advertisements must be true, legal, and comply with the requirements of the construction of socialist spiritual civilization. Article 4 Advertisements shall not contain false content, and shall not deceive or mislead consumers. Article 5 Advertisers, advertising operators and advertising publishers shall abide by laws and administrative regulations and adhere to the principles of fairness, good faith and credibility when engaging in advertising activities. Article 6 The industrial and commercial administrative departments of the people's governments at or above the county level are the advertising supervision and management agencies. Chapter 2 Advertising Guidelines Article 7 Advertising content should be beneficial to the physical and mental health of the people, promote the improvement of the quality of goods and services, protect the legitimate rights and interests of consumers, comply with social morality and professional ethics, and safeguard the dignity and interests of the country.
Advertisements shall not have the following circumstances:
(1) Use of the flag, national emblem, and national anthem of the People’s Republic of China;
(2) Use of state agencies and state agency staff;
(3) Using terms such as national level, highest level, best, etc.;
(4) Hindering social stability and endangering personal and property safety, Damaging public interests;
(5) Obstructing public order and violating good social customs;
(6) Containing obscenity, superstition, terror, violence, Ugly content;
(7) Content containing ethnic, racial, religious, and gender discrimination;
(8) Hindering the protection of the environment and natural resources;
(9) Other situations prohibited by laws and administrative regulations. Article 8 Advertisements shall not harm the physical and mental health of minors and persons with disabilities. Article 9 Any advertisement that expresses the performance, place of origin, use, quality, price, manufacturer, validity period, or commitment of goods or the content, form, quality, price, or commitment of services must be clear and understandable.
If the advertisement indicates that the promotion of goods or the provision of services is accompanied by gifts, the variety and quantity of the gifts shall be indicated. Article 10: Data, statistics, survey results, abstracts, and quotes used in advertisements must be true and accurate, and the source must be indicated. Article 11 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 advertise using patent applications that have not been granted patent rights and patents that have been terminated, revoked, or invalidated. Article 12 Advertisements shall not disparage the goods or services of other producers and operators. Article 13 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 have advertising marks and be distinguished from other non-advertising information, so as not to mislead consumers.
Article 14 Advertisements for drugs and medical devices shall not contain the following content:
(1) Containing unscientific assertions or guarantees indicating efficacy;
(2) Explaining the cure rate or Efficient;
(3) Comparing the efficacy and safety with other drugs and medical devices;
(4) Using medical research units, academic institutions, medical institutions or experts , doctors, and patients’ names and images as proof;
(5) Other content prohibited by laws and administrative regulations. Article 15 The content of drug advertisements must be based on instructions approved by the health administration department of the State Council or the health administration department of a province, autonomous region, or municipality directly under the Central Government.
Advertisements for therapeutic drugs that are stipulated by the state and should be used under the guidance of a doctor must indicate “purchase and use according to a doctor’s prescription.” Article 16 Special drugs such as narcotic drugs, psychotropic drugs, toxic drugs, radioactive drugs, etc. are not allowed to be advertised. Article 17 Pesticide advertisements shall not contain the following content:
(1) Using absolute assertions such as non-toxic and harmless to indicate safety;
(2) Containing unscientific content An assertion or guarantee of efficacy;
(3) Containing words, language or images that violate the safe use of pesticides;
(4) Prohibited by laws and administrative regulations Other content. Article 18 It is prohibited to use radio, film, television, newspapers, and periodicals to publish tobacco advertisements.
It is prohibited to place tobacco advertisements in public places such as waiting rooms, theaters, conference halls, and sports competition venues.
Tobacco advertisements must state "Smoking is harmful to health."