What is the standard of not punishing for the first time in advertising law?
On 2021July 15, the newly revised Administrative Punishment Law came into effect. Administrative punishment law is an important law to regulate government behavior. A major breakthrough in the newly revised Administrative Punishment Law is the addition of the provision that "first offenders will not be punished", that is, those who violate the law for the first time and have minor harmful consequences and correct them in time may not be punished. The following illegal acts in violation of advertising management laws and regulations, which are corrected in time, shall be exempted from administrative punishment: (1) In violation of the provisions of the second paragraph of Article 11 of the Advertising Law, the contents quoted in the advertisement are legitimate, but the source is not indicated in the advertisement; (2) In violation of Article 12 of the Advertising Law, the patent product or patented method is involved in the advertisement, and the patent number and patent type are not indicated, but the patent is valid; (three) in violation of the provisions of Article 14 of the Advertising Law, the advertisement published through the mass media is not clearly marked with the word "advertisement", but the content can make consumers recognize it as an advertisement; (4) Using terms such as "national level", "superlative level" and "best" in an advertisement in violation of the provisions of Item (3) of Article 9 of the Advertising Law, but the advertisement was released from the media through the advertiser's own business premises or the Internet, and did not cause actual harmful consequences; (five) in violation of Article 12 of the Regulations on the Administration of Advertising Publication and Registration, the advertising publishing unit fails to submit the statistical statements of the advertising industry as required; (6) publishing a medical advertisement without the name of the medical institution or the document number of the Medical Advertisement Examination Certificate in violation of Article 14 of the Measures for the Administration of Medical Advertisements, but the advertisement was published from the media through the advertiser's own business premises or the Internet, which did not cause actual harmful consequences; (seven) in violation of the provisions of Article 11 of the Standards for the Examination and Publication of Pesticide Advertisements, publish pesticide advertisements without the approval number of pesticide advertisements, but have obtained the approval number and are within the validity period, and the published pesticide advertisements are consistent with the approved contents; (8) In violation of Article 10 of the Veterinary Drug Advertisement Examination and Publication Standards, the published veterinary drug advertisement does not indicate the approval number of the veterinary drug advertisement, but has obtained the approval number of the veterinary drug advertisement and the published veterinary drug advertisement content is consistent with the approved content within the validity period.