???? In August, 2014, the 10th meeting of the 12th the National People’s Congress Standing Committee (NPCSC) reviewed the People’s Republic of China (PRC) Advertising Law (Revised Draft) for the first time. From August 31st to September 30th, 2014, the revised draft was published on the website of China People’s Congress for public comments. After that, according to the opinions of the members of the National People’s Congress Standing Committee (NPCSC) and various parties, the revised draft was revised, and the People’s Republic of China (PRC) Advertising Law (the second review draft of the revised draft) was formed. In December 2014, the second review draft of the revised draft was reviewed at the 12th meeting of the 12th the National People’s Congress Standing Committee (NPCSC). The Advertising Law of People’s Republic of China (PRC) (the second draft of the revised draft) is now published on China People’s Congress website. The public can directly log in to China People’s Congress website () to put forward their opinions, or send their opinions to the National People’s Congress Standing Committee (NPCSC) Legal Affairs Committee (No.1 Qianmen West Street, Xicheng District, Beijing, 100805). Please indicate the second review draft of the revised advertising law on the envelope for comments). Deadline for comments: January 19, 2015.
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????People’s Republic of China (PRC) Advertising Law (Revised Draft) (Second Review Draft)
????Catalogue
????Chapter I General Principles
??? Chapter II Criteria for Advertising Content
??? Chapter III Advertising Code of Conduct
??? Chapter IV Supervision and Administration
??? Chapter V Legal Liability
??? Chapter VI Supplementary Provisions
Chapter I General Principles
????Article 1 This Law is formulated for the purpose of regulating advertising activities, protecting the legitimate rights and interests of consumers, promoting the healthy development of the advertising industry and maintaining social and economic order.
????Article 2 This Law is applicable to commercial advertising activities in People’s Republic of China (PRC) where commodity operators or service providers directly or indirectly introduce the commodities or services they promote through certain media and forms.
????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 referred to 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, and express their contents in a healthy way, which meets the requirements of building socialist spiritual civilization and promoting the excellent traditional culture of the Chinese nation.
????Article 4 Advertisements shall not contain false 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 administrative department for industry and commerce in the State Council shall be in charge of the supervision and administration of national advertisements, and the relevant departments in the State Council shall be responsible for the relevant work of advertising management within their respective functions and duties.
????The local administrative departments for industry and commerce at or above the county level shall be in charge of the supervision and administration of advertisements in their respective administrative areas, and the relevant departments of the local people’s governments at or above the county level shall be responsible for the relevant work of 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 Criteria for Advertising Content
????Article 8 Advertisements that indicate the performance, function, origin, use, quality, composition, price, producer, expiration date, promise, etc. of commodities or the content, provider, form, quality, price, promise, etc. of services shall be clear and clear.
????If it is indicated in the advertisement that the promoted goods or services are accompanied by gifts, the variety, specifications, quantity, validity period and method of the gifts shall be clearly stated.
????The contents that should be clearly stated in advertisements as stipulated by laws and administrative regulations should be clearly and clearly expressed.
????Article 9 An advertisement shall not be under any of the following circumstances:
????(a) the use or disguised use of People’s Republic of China (PRC)’s national flag, national emblem, national anthem, military flag, military emblem and military song;
????(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";
????(4) damaging the dignity or interests of the state and revealing state secrets;
????(5) Obstructing social stability and harming social public interests;
????(6) endangering personal and property safety and revealing personal privacy;
????(7) Obstructing public order or violating good social customs;
????(8) Content containing obscenity, pornography, gambling, superstition, terror and violence;
????(9) Content that contains 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 administrative license is required for the matters involved in an advertisement, it shall be consistent with the contents of the license.
????Advertisements using data, statistics, survey results, abstracts, quotations and other citations shall be true and accurate, and the source shall be indicated. If the cited content has the scope of application and the validity period, it shall be clearly stated.
????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 falsely claim to have obtained the patent right in the advertisement.
????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 identify it as an advertisement.
????The mass media shall not publish advertisements in the form of news reports. Advertisements published through the mass media should be clearly marked with "advertisement", which is different from other non-advertising information and must not mislead consumers.
????Broadcasting stations and television stations shall abide by the provisions of relevant departments of the State Council on the length and manner of advertisements, and shall make obvious hints on the length of advertisements.
????Fifteenth narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs and other special drugs, pharmaceutical precursor chemicals, as well as drugs, medical devices and treatment methods for drug rehabilitation, shall not be advertised.
????Prescription drugs other than those specified in the preceding paragraph can only be introduced in medical and pharmaceutical professional journals jointly designated by the health administrative department of the State Council and the drug supervision and administration department of the State Council.
????Article 16 Drugs, health foods, medical devices and medical advertisements shall not contain the following contents:
????(1) Assertions or guarantees indicating efficacy and safety;
????(2) Explain the cure rate or effective rate;
????(3) Compared with other drugs, health foods and medical devices in efficacy and safety or other medical institutions;
????(4) Using the names or images of medical research institutions, academic institutions, medical institutions, trade associations, professionals, patients or other advertising spokespersons for recommendation and certification;
????(5) Other contents prohibited by laws and administrative regulations.
????Prescription drug advertisements should be clearly marked "This advertisement is only for medical and pharmaceutical professionals to read", and non-prescription drug advertisements should be clearly marked "Please purchase and use according to the drug instructions or under the guidance of pharmacists".
????Advertisements for medical devices recommended for personal use should be clearly marked with "Please read the product manual carefully or purchase and use under the guidance of medical personnel". If there are taboo contents and precautions in the registration certificate of medical device products, the advertisement shall clearly indicate that "see the instructions for details of taboo contents or precautions".
????Seventeenth pesticides, veterinary drugs, feed and feed additives advertisements shall not contain the following contents:
????(1) Assertions or guarantees indicating efficacy and safety;
????(two) using the name or image of scientific research institutions, academic institutions, technology promotion institutions, trade associations or professionals and users to make recommendations and certificates;
????(3) Explain the efficiency;
????(four) words, language or pictures that violate the rules for safe use;
????(5) Other contents prohibited by laws and administrative regulations.
????Eighteenth prohibit the use of radio, film, television, newspapers, periodicals, books, audio-visual products, electronic publications, mobile communication networks, the Internet and other mass media and forms to publish or publish tobacco advertisements in disguise.
????It is forbidden to set up tobacco advertisements in public places, building control zones of hospitals and schools, and public transport. It is forbidden to set up outdoor tobacco advertisements and window tobacco advertisements.
????The notice of relocation, renaming and recruitment issued by the producer or operator of tobacco products shall not contain the name, trademark, packaging, decoration and similar contents of tobacco products.
????Advertisements and public service advertisements for other commodities or services shall not contain the names, trademarks, packaging, decoration and similar contents of tobacco products.
????In addition to the provisions of the first and second paragraphs of this article, the publication of tobacco advertisements shall be approved by the administrative department for industry and commerce of the State Council and meet the following requirements:
????(a) no smoking image;
????(2) Do not induce or encourage smoking;
????(3) It is forbidden to express or imply that smoking is beneficial to human health, relieving fatigue and relieving mental stress;
????(four) shall not use low tar content, low harm and other terms;
????(5) Advertisements should clearly indicate that "smoking is harmful to health".
????Nineteenth alcohol advertisements shall not contain the following contents:
????(1) Inducing, encouraging or promoting excessive drinking;
????(2) drinking alcohol;
????(three) the performance of driving a car, boat, plane and other activities;
????(four) express or implied drinking can eliminate tension and anxiety, increase physical strength and other effects.
????Twentieth education and training advertisements shall not contain the following contents:
????(a) to enter a higher school, pass the examination, obtain a degree or certificate of qualification, or make an express or implied guarantee commitment to the effect of education and training;
????(two) express or implied that the relevant examination institutions or their staff and examination proposition personnel participate in education and training;
????(3) Using the names or images of scientific research institutions, academic institutions, trade associations, professionals and beneficiaries for recommendation and certification.
????Article 21 Advertisements for commodities or services with expected return on investment, such as investment promotion, shall have reasonable tips or warnings on possible risks and risk liability, and shall not contain the following contents:
????(a) to make a guarantee commitment to the future effect, income or related circumstances, express or implied capital preservation, risk-free or guaranteed income, unless otherwise stipulated by the state;
????(two) using the names or images of academic institutions, trade associations, professionals and beneficiaries for recommendation and certification.
????Twenty-second real estate advertising, housing information should be true, the area should be indicated as the construction area or interior construction area, and shall not contain the following contents:
????(1) Commitment of appreciation or return on investment;
????(two) the project location is expressed by the time required for the project to reach a specific reference object;
????(three) in violation of the relevant provisions of the state on price management;
????(4) misleading propaganda about transportation, commerce, cultural and educational facilities and other municipal conditions under planning or construction.
????Article 23 The advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic fingerlings and breeding shall be true, clear and understandable in terms of variety name, production performance, growth or yield, quality, resistance, special use value, economic value, scope and conditions suitable for planting or breeding, and shall not contain the following contents:
????(1) Making an assertion that cannot be verified scientifically;
????(2) An assertion or guarantee indicating efficacy;
????(three) to analyze and predict the economic benefits or make a guarantee commitment;
????(four) using the names or images of scientific research institutions, academic institutions, technology popularization institutions, trade associations or professionals and users to make recommendations and certificates.
????Article 24 Except for drugs, medical devices and medical advertisements, it is forbidden to use any other advertisements that involve the function of disease treatment, and medical terms or terms that easily confuse the marketed goods with drugs and medical devices are not allowed.
????Article 25 An advertisement that deceives or misleads consumers with false or misleading contents constitutes a false advertisement.
????An advertisement is a false advertisement in any of the following circumstances:
????(1) The goods or services promoted do not exist;
????(2) Information such as the performance, function, origin, use, quality, specifications, ingredients, price, producer, expiration date, sales status and honors of the promoted goods, or information such as the content, form, quality, price, sales status and honors of the services, as well as promises related to the goods or services, are inconsistent with the actual situation and have a substantial impact on the purchase behavior;
????(3) using fictitious, forged or unverifiable scientific research achievements, statistical data, survey results, abstracts, quotations and other information as supporting materials;
????(4) Fictitiously using goods or receiving services.
Chapter III Advertising Code of Conduct
????Article 26 Radio stations, television stations, newspapers and periodicals publishing units engaged in advertising business shall set up institutions specializing in advertising business, be equipped with necessary personnel, have places and equipment suitable for advertising, and register advertising with local administrative departments for industry and commerce at or above the county level.
????Article 27 Advertisers, advertising agents and publishers shall conclude written contracts in advertising activities according to law.
????Article 28 Advertisers, advertising agents and publishers shall not engage in any form of unfair competition in advertising activities.
????Article 29 When an advertiser entrusts the design, production and publication of an advertisement, it shall entrust an advertising agent or publisher with legal business qualifications.
????Thirtieth advertisers or advertising agents who use the names or images of others in advertisements shall obtain their written consent in advance; Anyone who uses the name or image of a person without or with limited capacity for civil conduct shall obtain the written consent of his guardian in advance.
????Minors under the age of ten shall not be used as advertising spokespersons.
????Thirty-first advertising agents and publishers shall, in accordance with the relevant provisions of the state, establish and improve the registration, examination and file management system for advertising business.
????Advertising agents and publishers shall examine relevant certification documents and verify the contents of advertisements in accordance with laws and administrative regulations. For advertisements with false contents or incomplete supporting documents, advertising agents shall not provide design, production or agency services, and advertisement publishers shall not publish them.
????Thirty-second advertising agents and publishers shall publish their charging standards and charging methods.
????Article 33 The coverage, audience rating, click-through rate, circulation and other information provided by advertising publishers to advertisers and advertising operators shall be true.
????Article 34 No unit or individual may design, produce or publish advertisements for products or services whose production and sale are prohibited by laws and administrative regulations, or for goods or services whose advertising is prohibited.
????Article 35 An advertising spokesperson shall recommend and certify commodities and services in advertisements, and shall be in accordance with the facts and the provisions of this Law and relevant laws and administrative regulations, and shall not recommend or certify commodities or services that he has not used or accepted.
????Article 36 Advertising activities shall not be carried out in primary and secondary schools and kindergartens, and advertisements shall not be published or disguised by using textbooks, supplementary materials, exercise books, stationery, teaching AIDS, school uniforms and school buses for primary and secondary school students and children.
????Thirty-seventh advertisements for drugs, medical devices, medical treatment, online games, cosmetics, beauty, health food and alcohol shall not be published in the mass media aimed at minors.
????Advertisements for goods or services for minors under the age of fourteen shall not contain the following contents:
????(a) to persuade them to ask their parents to buy advertising goods or services;
????(two) may lead to its imitation of unsafe behavior.
????Thirty-eighth 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., and formulate plans for outdoor advertising.
????Measures for the administration of outdoor advertising shall be stipulated by local regulations and local government rules.
????Thirty-ninth in any of the following circumstances, outdoor advertising shall not be set up:
????(a) the use of traffic safety facilities, traffic signs;
????(2) Affecting the use of municipal public facilities, traffic safety facilities and traffic signs;
????(three) hinder the production or people’s life, damage the appearance of the city;
????(four) in the state organs, cultural relics protection units, scenic spots and other building control zones, or in areas where the local people’s governments at or above the county level prohibit the installation of outdoor advertisements.
????Article 40 No unit or individual may send advertisements to his residence, means of transport, fixed telephone, mobile phone or personal e-mail address without the consent or request of the party concerned, or if the party concerned expressly refuses.
????Article 41 The provisions of this Law shall apply to advertising activities through the Internet.
????Internet information service providers using the Internet to publish advertisements shall not affect users’ normal use of the network. Advertisements published in the form of pop-ups on Internet pages shall be marked with a closing sign to ensure one-click closing.
????Forty-second managers of public places, telecom operators and Internet information service providers shall stop them from using their places or information transmission and publishing platforms to send and publish illegal advertisements that they know or should know.
Chapter IV Supervision and Administration
????Article 43 Before the release of drugs, medical devices, pesticides, veterinary drugs, health food and medical advertisements, and other advertisements that should be examined according to laws and administrative regulations, the relevant departments (hereinafter referred to as the advertisement examination organs) shall examine the contents of advertisements in accordance with the relevant laws and administrative regulations; Without review, it shall not be published.
????Article 44 When applying for advertisement examination, advertisers shall submit relevant supporting documents to the advertisement examination organ in accordance with laws and administrative regulations.
????The advertising examination organ shall make an examination decision in accordance with laws and administrative regulations, and send the examination and approval documents to the administrative department for industry and commerce at the same level. The advertising examination organ shall promptly announce the approved advertisements to the public.
????Article 45 No unit or individual may forge, alter or transfer the approval documents for advertisement examination.
????Article 46 The administrative department for industry and commerce may exercise the following functions and powers when performing the duties of advertising supervision and management:
????(a) to conduct on-site inspection of places suspected of engaging in illegal advertising activities;
????(2) Asking the party suspected of violating the law or its legal representative, principal responsible person and other relevant personnel, and investigating the relevant units or individuals;
????(three) require the parties suspected of violating the law to provide relevant documents within a time limit;
????(4) consulting and copying contracts, bills, account books, advertising works and other relevant materials related to suspected illegal advertisements;
????(5) sealing up and detaining advertising articles, business tools, equipment and other property related to suspected illegal advertisements;
????(six) ordered to suspend the publication of suspected illegal advertisements that may cause serious consequences;
????(seven) other functions and powers as prescribed by laws and administrative regulations.
????The administrative department for industry and commerce shall establish and improve the advertising monitoring system, improve the monitoring measures, and timely discover and investigate and deal with illegal advertising activities according to law.
????Article 47 The administrative department for industry and commerce of the State Council shall, jointly with the relevant departments of the State Council, formulate a code of conduct for advertising through mass media.
????Article 48 When the administrative department for industry and commerce exercises its functions and powers in accordance with the provisions of this Law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct it.
????Article 49 The administrative department for industry and commerce, relevant departments and their staff have the obligation to keep confidential the business secrets they know in the advertising supervision and management activities.
????Article 50 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 publicly accept the telephone, mailbox or e-mail address of complaints and reports to the public, and the department receiving the complaints and reports shall, within seven working days from the date of receiving the complaints, handle them and inform the complaints and informants.
????If 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 deal with it according to law and inform the informant of the result in time.
????The relevant departments shall keep the complaints and informants confidential.
????Article 51 Consumer associations and other consumer organizations shall, in violation of the provisions of this Law, issue false advertisements that infringe upon the legitimate rights and interests of consumers and other acts that harm the public interests, and conduct social supervision according to law.
Chapter V Legal Liability
????Article 52 Whoever, in violation of the provisions of this Law, publishes false advertisements shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, and the advertisers shall be ordered to eliminate the influence within the corresponding scope, and shall be fined between three times and five times the advertising expenses; if the advertising expenses cannot be calculated or are obviously low, a fine of between 200,000 yuan and 1 million yuan shall be imposed; If there are more than three illegal acts within two years or there are other serious circumstances, a fine of five times to ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or obviously low, a fine of one million yuan to two million yuan shall be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination and refuse to accept its application for advertising examination within one year.
????If an advertising agent or publisher designs, produces 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 not less than 200,000 yuan but not more than 1 million yuan shall be imposed. If there are more than three illegal acts within two years or there are other serious circumstances, 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 one million yuan but not more than two million yuan shall be imposed, and the business license and the registration certificate for advertising release may be revoked.
????Advertisers, advertising agents and publishers who commit the acts specified in the preceding two paragraphs, which constitute a crime, shall be investigated for criminal responsibility according to law.
????Article 53 Advertisers who, in violation of the provisions of this Law, publish false advertisements to deceive and mislead consumers, thus damaging the legitimate rights and interests of consumers who purchase goods or receive services, shall bear civil liability according to law. If an advertising agent or publisher cannot provide the real name, address and effective contact information of the advertiser, the consumer may require the advertising agent or publisher to pay compensation in advance.
????If a false advertisement of a commodity or service related to consumers’ life and health causes damage to consumers, its advertising agents, publishers and spokespersons shall be jointly and severally liable with the advertisers.
????If false advertisements for goods or services other than those specified in the preceding paragraph cause damage to consumers, their advertising agents, publishers and spokespersons shall be jointly and severally liable with advertisers if they design, produce, publish or make recommendations or proofs while knowing or should know that the advertisements are false.
????Article 54 In case of any of the following acts, the administrative department for industry and commerce shall order the advertiser to stop publishing advertisements, and impose a fine of not less than 200,000 yuan but not more than 1 million yuan on the advertiser. The advertisement examination organ shall revoke the approval document for advertisement examination and refuse to accept its application for advertisement examination within one year. For advertisement publishers, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of not less than 200,000 yuan but not more than 1 million yuan:
????(1) Publishing advertisements under the circumstances prohibited by Articles 9 and 10 of this Law;
????(two) in violation of the provisions of article fifteenth of this law, advertising prescription drugs, medical equipment and treatment methods for drug treatment;
????(3) Publishing tobacco advertisements in violation of the provisions of Article 18 of this Law;
????(4) Publishing alcohol advertisements in violation of the provisions of Article 19 of this Law;
????(five) in violation of the provisions of article thirtieth of this law, using minors under the age of ten as advertising spokespersons;
????(six) in violation of the provisions of Article 34 of this law, using advertisements to promote products or services that are prohibited from being produced or sold, or to prohibit the publication of advertisements;
????(seven) in violation of the provisions of the first paragraph of Article 37 of this law, publishing advertisements for drugs, medical devices, medical treatment, online games, cosmetics, beauty, health food and alcohol in the mass media aimed at minors.
????Article 55 In case of any of the following acts, the administrative department for industry and commerce shall order it to stop advertising, and order advertisers to eliminate the influence within the corresponding scope, and impose a fine of more than one time but less than three times the advertising cost. If the advertising cost cannot be calculated or is obviously low, a fine of more than 100,000 yuan but less 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 shall be imposed. If the advertising expenses cannot be calculated or obviously low, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed, and the business license may be revoked, and the advertising examination organ shall revoke the approval document for advertising examination and refuse to accept its application for advertising examination within one year:
????(1) Publishing drugs, health foods, medical devices and medical advertisements in violation of the provisions of Article 16 of this Law;
????(2) publishing advertisements for pesticides, veterinary drugs, feeds and feed additives in violation of the provisions of Article 17 of this Law;
????(3) Publishing education and training advertisements in violation of the provisions of Article 20 of this Law;
????(four) in violation of the provisions of Article 21 of this law, publishing advertisements for commodities or services with expected return on investment, such as investment promotion;
????(5) Publishing real estate advertisements in violation of the provisions of Article 22 of this Law;
????(6) publishing advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic fingerlings and breeding in violation of the provisions of Article 23 of this Law;
????(seven) in violation of the provisions of Article 24 of this law, involving the function of disease treatment in advertisements, and using medical terms or terms that easily confuse the promoted goods with drugs and medical devices;
????(eight) in violation of the provisions of Article 36 of this law, advertising in primary and secondary schools, kindergartens or using articles related to primary and secondary school students and children;
????(nine) in violation of the provisions of the second paragraph of Article 37 of this law, publishing advertisements for goods or services for minors under the age of 14;
????(ten) in violation of the provisions of article forty-third of this law, advertising without examination.
????If an advertising agent or publisher designs, produces or publishes while knowing or should know that there is an illegal act stipulated in the preceding paragraph, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of more than one time and less than three times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 100,000 yuan and less 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 the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed, and the business license and registration certificate for advertising release may be revoked.
????Article 56 In case of any of the following acts, the administrative department for industry and commerce shall order it to stop publishing advertisements and impose a fine of less than 100,000 yuan on advertisers:
????(1) The contents of advertisements violate the provisions of Article 8 of this Law;
????(2) The contents quoted in advertisements do not conform to the provisions of Article 11 of this Law;
????(3) Advertisements involving patents do not conform to the provisions of Article 12 of this Law;
????(4) In violation of the provisions of Article 13 of this Law, advertisements belittle the goods or services of other producers and operators.
????If an advertising agent or publisher designs, produces or publishes while knowing or should know that there is an illegal act stipulated in the preceding paragraph, the administrative department for industry and commerce shall impose a fine of not more than 100,000 yuan.
????If an advertisement violates the provisions of Article 14 of this Law and is not recognizable, the administrative department for industry and commerce shall impose a fine of not more than 100,000 yuan on the advertisement publisher.
????Article 57 If a radio station, television station or newspaper publishing unit, in violation of the provisions of Article 26 of this Law, engages in advertising business without going through the registration of advertising, the administrative department for industry and commerce shall order it to make corrections, confiscate its illegal income, and impose a fine of not less than one time but not more than three times its illegal income; If the illegal income is less than 10,000 yuan, a fine ranging from 5,000 yuan to 30,000 yuan shall be imposed.
????Article 58 Where an advertising agent or publisher violates the provisions of Article 31 of this Law and fails to establish and improve an advertising business management system in accordance with the relevant provisions of the State, the administrative department for industry and commerce shall order it to make corrections and may impose a fine of less than 50,000 yuan.
????In violation of the provisions of Article 32 of this Law, advertising agents and publishers have not announced their charging standards and methods, and the competent price department shall order them to make corrections and may impose a fine of less than 50,000 yuan.
????Article 59 Where an advertising spokesperson is under any of the following circumstances, the administrative department for industry and commerce shall confiscate the illegal income and impose a fine of more than one time but less than two times the illegal income:
????(a) in violation of the provisions of Article 16, paragraph 1, item 4 of this law, making recommendations and certificates for drugs, health food, medical devices and medical advertisements;
????(2) In violation of the provisions of Article 35 of this Law, recommending or certifying goods or services that have not been used by them;
????(3) recommending or proving commodities or services in advertisements while knowing or should know that the advertisements are false.
????Article 60 Whoever, in violation of the provisions of Article 40 of this Law, sends advertisements to houses, means of transport, fixed telephones, mobile phones or personal e-mails shall be investigated and dealt with by the relevant departments in accordance with the provisions of relevant laws and administrative regulations. Where there are no provisions in laws and administrative regulations, the administrative department for industry and commerce shall order it to stop the illegal act and impose a fine of not more than 10,000 yuan.
????Article 61 If, in violation of the provisions of Article 42 of this Law, managers of public places, telecom operators and Internet information service providers know or should know that advertising activities are illegal and will not be stopped, the administrative department for industry and commerce shall confiscate the illegal income. If the illegal income is more than 50,000 yuan, they shall be fined between one and three times the illegal income, and if the illegal income is less than 50,000 yuan, they shall also be fined between 10,000 yuan and 50,000 yuan. If the circumstances are serious, the relevant departments shall stop the relevant business according to law.
????Article 62 If anyone, in violation of the provisions of this Law, conceals the true situation or provides false materials to apply for advertisement examination, the advertisement examination organ shall not accept or disapprove it, give a warning and refuse to accept the applicant’s application for advertisement examination within one year; If the advertisement examination and approval is obtained by cheating, bribery or other improper means, the advertisement examination organ shall revoke it, impose a fine of not less than 100,000 yuan but not more than 200,000 yuan, and refuse to accept the applicant’s advertisement examination application within three years.
????Article 63 Anyone who, in violation of the provisions of this Law, forges, alters or transfers the approval documents for advertising examination shall be confiscated by the administrative department for industry and commerce, and shall be fined not less than 10,000 yuan but not more than 100,000 yuan.
????Article 64 Any illegal act stipulated in this Law shall be recorded in the credit file by the administrative department for industry and commerce and publicized in accordance with the provisions of relevant laws and administrative regulations.
????Article 65 Where a radio station, television station or newspaper publishing unit publishes illegal advertisements, or publishes advertisements in the form of news reports, the administrative department for industry and commerce shall not only punish them according to this law, but also the relevant departments shall punish the persons in charge who are responsible and the persons who are directly responsible according to law. If the circumstances are serious, the advertising business of the media may be suspended.
????Article 66 Advertisers, advertising agents and publishers who violate the provisions of this Law and commit any of the following torts shall bear civil liability according to law:
????(1) damaging the physical and mental health of minors or disabled people in advertisements;
????(two) counterfeiting the patent of others;
????(three) belittle the goods and services of other producers and operators;
????(4) Using another person’s name or image in advertisements without consent;
????(five) other violations of the legitimate civil rights and interests of others.
????Article 67 If the legal representative of a company or enterprise whose business license has been revoked due to publishing false advertisements or other illegal acts stipulated in this Law is personally liable for the illegal acts, he shall not serve as a director, supervisor or senior manager of the company or enterprise within three years from the date when the business license of the company or enterprise is revoked.
????Article 68 Whoever, in violation of the provisions of this Law, refuses or obstructs the supervision and inspection by the administrative department for industry and commerce, or commits other acts that violate the administration of public security, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
????Article 69 If an advertising examination organ makes a decision to examine and approve illegal advertising content, the responsible person in charge and the person directly responsible shall be punished by the appointment and removal organ and the supervisory organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
????Article 70 If the administrative department for industry and commerce fails to investigate and deal with illegal advertising behaviors found in the performance of advertising monitoring duties or illegal advertising behaviors after complaints and reports, the responsible person in charge and the person directly responsible shall be punished according to law.
????The staff of the administrative department for industry and commerce and the relevant departments responsible for advertising management dereliction of duty, abuse of power, corruption, shall be punished according to law.
????Whoever commits the acts mentioned in the preceding two paragraphs and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VI Supplementary Provisions
????Article 71 The state encourages and supports public service advertising activities, spreads socialist core values and advocates civilized fashion.
????The mass media have the obligation to publish public service advertisements. Newspapers, periodicals, radio stations and television stations shall publish public service advertisements in accordance with the prescribed layout, time slot and duration. Measures for the administration of public service advertisements shall be formulated by the administrative department for industry and commerce of the State Council jointly with relevant departments.
????Article 72 This Law shall come into force as of.
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????Report of the Law Committee of the National People’s Congress on the Revision of the Advertising Law of People’s Republic of China (PRC) (Revised Draft)
????The tenth meeting of the Standing Committee conducted a preliminary review of the Advertising Law (revised draft). After the meeting, the Legislative Affairs Committee issued the revised draft to all provinces, autonomous regions, municipalities directly under the central government, relevant departments of the central government and some universities and research institutions for comments. The revised draft was published in the full text of China People’s Congress website to solicit public opinions. The Law Committee, the Financial and Economic Committee and the Legal Affairs Committee jointly held a forum to listen to the opinions of relevant central departments and some NPC deputies on the revised draft. The Law Committee and the Legal Affairs Committee also went to Anhui, Chongqing, Yunnan and other places to conduct research and listen to opinions; And exchange views with the Financial and Economic Committee, the Legislative Affairs Office of the State Council and the State Administration for Industry and Commerce on the relevant issues of the revised draft for joint study. The Law Committee held a meeting on December 2, and reviewed the revised draft item by item according to the deliberation opinions of the members of the Standing Committee and opinions from all sides. Responsible comrades of the Financial and Economic Committee, the State Administration for Industry and Commerce and relevant comrades of the Legislative Affairs Office of the State Council attended the meeting as nonvoting delegates. On December 15th, the Law Committee held a meeting and deliberated again. The revision of the main issues of the Advertising Law (Revised Draft) is now reported as follows:
????1. Article 2 of the revised draft stipulates that the term "advertisement" as mentioned in this Law refers to a commercial advertisement in which a commodity operator or service provider directly or indirectly introduces the commodities or services he sells through certain media and forms at the expense. Some members of the Standing Committee, localities and units have suggested that this article is actually about the scope of adjustment of this law, and the current writing is not rigorous enough; Some suggested deleting "bear the expenses". After research, the Law Committee proposed to amend it to read: This Law shall apply to commercial advertising activities in which commodity operators or service providers directly or indirectly introduce the commodities or services they promote through certain media and forms in People’s Republic of China (PRC). (Paragraph 1 of Article 2 of the second review draft of the revised draft)
????II. Article 10 of the revised draft lists the contents that shall not be included in advertisements. Some members of the Standing Committee and departments suggested that in order to safeguard the dignity of military symbols and avoid misleading consumers, the use of military flags, military emblems and military songs in advertisements should be prohibited. After research, the Law Committee suggested that People’s Republic of China (PRC)’s "military flag, military emblem and military song" should be added or used in disguised form in the contents that advertisements should not contain. (Item 1 of Article 9 of the second review draft of the revised draft)
????3. Article 17 of the revised draft stipulates that drugs, health foods, medical devices and medical advertisements shall not be recommended in the name of medical research institutions, academic institutions, medical institutions, trade associations or professionals or patients. Some members of the Standing Committee and localities suggested that the above four kinds of goods and services are related to consumers’ life, health and personal safety, and their efficacy varies from person to person. Not only scientific research institutions, professionals and patients should not be used for recommendation certificates, but also the names and images of any other advertising spokespersons should not be used for recommendation certificates. After research, the Law Committee suggested that this provision should be amended as follows: Drugs, health foods, medical devices and medical advertisements should not be recommended or certified by the names or images of medical research institutions, academic institutions, medical institutions, trade associations, professionals, patients or other advertising spokespersons. (Paragraph 1 of Article 16 of the second review draft of the revised draft)
????IV. Articles 20 and 21 of the revised draft further restrict the media, forms, places and contents of tobacco advertisements on the basis of the existing provisions. In the deliberation and soliciting opinions of the Standing Committee, there are two different opinions on tobacco advertising: one holds that tobacco advertising should be completely banned in order to protect people’s health and prevent teenagers from smoking; Another view is that the provisions of the revised draft have been repeatedly studied and demonstrated by relevant parties in the State Council and should not be completely banned. After studying, the Law Committee suggested that tobacco advertisements should be more strictly restricted on the basis of the revised draft, and the relevant provisions should be revised as follows: First, it is forbidden to publish or publish tobacco advertisements in disguised form by mass media and forms such as radio, movies, television, newspapers, periodicals, books, audio-visual products, electronic publications, mobile communication networks and the Internet; Second, it is forbidden to set up tobacco advertisements in public places, building control zones of hospitals and schools, and public transport, and it is forbidden to set up outdoor tobacco advertisements and window tobacco advertisements; Third, the notice of relocation, renaming and recruitment issued by the producer or operator of tobacco products shall not contain the name, trademark, packaging, decoration and similar contents of tobacco products; Fourth, advertisements and public service advertisements of other commodities or services shall not contain the names, trademarks, packaging, decoration and similar contents of tobacco products; Fifth, tobacco advertisements approved by the administrative department for industry and commerce of the State Council must not show the image of smoking, and must not induce or encourage smoking.It is not allowed to express or imply that smoking is beneficial to human health, relieve fatigue and relieve mental tension, and it is not allowed to use terms such as low tar content and low harm, and it should be clearly marked as "smoking is harmful to health". According to the above amendments, except that tobacco advertisements approved by the administrative department for industry and commerce of the State Council can be posted and displayed in the shops of tobacco products monopoly points, and tobacco products advertisements approved by the administrative department for industry and commerce of the State Council sent by tobacco products producers to tobacco products sellers, all other forms of tobacco advertisements are prohibited. (Article 18 of the second review draft of the revised draft)
????5. Some members of the Standing Committee suggested that in order to better protect the rights and interests of minors and promote their healthy growth, advertising activities involving minors should be regulated according to the laws and characteristics of their physical and mental development. After research, the Law Committee suggested that the content criteria for advertising for minors under the age of 14 should be added: no content should be included to persuade minors to ask their parents to buy advertising goods or services; It shall not contain any content that may cause minors to imitate unsafe behaviors. (Paragraph 2 of Article 37 of the Second Review Draft of the Revised Draft)
????6. Some members of the Standing Committee and local governments and departments pointed out that newspapers, periodicals, radio stations, television stations and other mass media have great influence, and their advertising behavior should be further strictly regulated and their responsibilities should be strengthened. After research, the Law Committee suggested adding the following provisions: First, when broadcasting advertisements, radio stations and television stations should abide by the regulations of relevant departments of the State Council on the duration and methods, and should make obvious hints on the duration. Second, the mass media have the obligation to publish public service advertisements; Newspapers, periodicals, radio stations and television stations shall publish public service advertisements in accordance with the prescribed layout, time slot and duration. Third, if a radio station, television station, newspaper publishing unit publishes illegal advertisements or publishes advertisements in the form of news reports, in addition to being punished by the administrative department for industry and commerce according to law, the relevant departments should also punish the responsible person in charge and the directly responsible person according to law; If the circumstances are serious, the advertising business may be suspended. (Paragraph 3 of Article 14, Paragraph 2 of Article 65 and Paragraph 2 of Article 71 of the Second Review Draft of the Revised Draft)
????7. Some members of the Standing Committee, localities, departments and units pointed out that the Internet has gradually become an important medium for advertising. In practice, problems such as illegal online advertising and affecting users’ use of the Internet are more prominent. It is suggested to increase targeted regulations and strengthen the regulation of online advertising behavior. After study, the Law Committee suggested adding the following provisions: First, it is clear that all provisions of this Law are applicable to Internet advertising. Second, Internet information service providers use the Internet to publish advertisements, which shall not affect users’ normal use of the network. Advertisements published in the form of pop-ups on Internet pages shall be marked with a closing sign to ensure one-click closing. (Article 41 of the second review draft of the revised draft)
????8. Some members of the Standing Committee, localities and units have suggested that false advertisements deceive and mislead consumers, affect the healthy development of the advertising industry, and damage the social and economic order. It is suggested to further clarify the subject of responsibility and increase punishment. After research, the Law Committee suggested the following amendments: First, it is clearly stipulated that advertisers are responsible for the authenticity of advertising content, and those who publish false advertisements should bear corresponding legal responsibilities. Second, it is clearly stipulated that advertising agents and publishers who still design, produce and publish advertisements knowing or should know that advertisements are false, and advertising spokespersons who still recommend and prove goods and services in advertisements knowing or should know that advertisements are false, shall be given administrative punishment according to law. Third, it is clearly stipulated that advertising agents, publishers and spokespersons shall bear joint and several liability for false advertisements of goods or services that are related to consumers’ lives and health. (Articles 52, 53 and 59 of the second review draft of the revised draft)
????Nine, some members of the Standing Committee suggested that in order to further standardize advertising activities and protect consumers’ rights and interests, advertising supervision should be strengthened, and the responsibility of advertising supervision departments should be strengthened, and accountability should be implemented for inaction and chaos. After research, the Law Committee suggested adding the following provisions: First, the administrative department for industry and commerce should establish and improve the advertising monitoring system, improve the monitoring measures, and timely discover and investigate illegal advertising activities according to law. Second, if 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 deal with it according to law and inform the informant of the result in time. Third, if the administrative department for industry and commerce fails to investigate and deal with illegal advertising behaviors found in the performance of advertising monitoring duties or illegal advertising behaviors after complaints and reports, the responsible person in charge and the person directly responsible shall be punished according to law. (Paragraph 2 of Article 46, Paragraph 2 of Article 50 and Paragraph 1 of Article 70 of the Second Review Draft of the Revised Draft)
