1 thought on “What are the legal provisions of advertising in my country?”

  1. The "Advertising Law of the People's Republic of China" was passed by the 10th meeting of the 8th National People's Congress of the People's Republic of China
    The tenth meeting of the committee passed on October 27, 1994. It is now announced. Since February 1995, Starting from the 1st.

    The Chapter 1 General Principles

    II: In order to standardize advertising activities, promote the healthy development of the advertising industry, protect the legitimate rights and interests of consumers,
    Give play to the positive role of advertising in the socialist market economy and formulate this law.
    It advertisers, advertising operators, and advertising publishers to engage in advertising in the territory of the People's Republic of China
    , this law shall comply with this law.
    The advertisement referred to in this law refers to the cost of commodity operators or service providers, and directly or indirectly introduces the goods sold by a certain medium and form
    Essence
    The advertisers referred to in this Law refers to the legal person, other economic organizations or individuals who are designed, produced
    as a legal person, or publishing advertisements.
    The advertising operators referred to in this law refer to legal persons who have been commissioned to provide advertising design, production, and agency services, and their
    The economic organizations or individuals.
    The advertising publisher referred to in this law refers to the advertisement operator entrusted by advertisers or advertisers
    The legal person or other economic organizations.
    It advertisements shall be true and legal, which meets the requirements of the construction of socialist spiritual civilization.
    Itte advertisements shall not contain false content, and shall not deceive or mislead consumers.
    The 5 advertisers, advertising operators, and advertising publishers engage in advertising activities. They shall abide by laws, line
    political regulations, and follow the principles of fairness and honesty.
    The industrial and commercial administrative department of the people's government at or above the county level is an advertising supervision and management authority.

    Il chapter advertising standards

    It advertising content should be conducive to the physical and mental health of the people, promote the improvement of the quality of goods and services,
    Legal rights and interests, abide by social morality and professional ethics, and safeguard the dignity and interests of the country.
    The ads must not have the following situations:
    (1) The national flag, national emblem, and national anthem of the People's Republic of China;
    (2) The name of the staff of the state and the state organs;
    ( 3) Use the national level, the highest level, and the best term;
    (4) hindering social stability, harmful people's body and property security, and harming social public interests;
    (5) hindering public order and violation of society Good fashion;
    (6) content containing obscene, superstition, horror, violence, ugliness;
    (7) content containing national, race, religion, gender discrimination;
    (8) Obstruct obstructing Protection of environment and natural resources;
    (9) Other situations stipulated in laws and administrative regulations.
    Id advertisements shall not damage the physical and mental health of minors and disabled.
    It's advertisements to the performance, place, use, quality, price, producer, validity period,
    promise or service content, form, quality, price, and promise of the service in the advertisement. It should be clear and clear.
    Those who indicate that the sales of goods and provide gifts with services should be indicated.

    The advertisement uses data, statistical data, survey results, abstracts, and quotes, shall be true, quasi
    .
    Is that involve patented products or patent methods involving patent products in advertisements shall be marked with patent numbers and patent categories.

    Those who have not obtained patent rights shall not lie in the advertisement that patent rights are obtained.
    The patent applications that are prohibited from the use of patent rights and patents that have been terminated, revoked, and invalidated.
    The advertisement shall not degrade the goods or services of other production and operators.
    The advertisement should be recognizable and can make consumers identify it as an advertisement.
    Copher communication media cannot publish advertisements in the form of news reports. Advertisement released by Volkswagen Communication should be
    Is when there is an advertising mark, which is different from other non -advertising information, and consumers shall not make consumers misunderstand.
    This 14 Drugs and medical device advertisements shall not have the following content:
    (1) An assertion or guarantee containing unscientific exponent effects;
    (2) indicates that the cure rate or efficiency is effective
    (3) Comparison with other drugs and medical equipment;
    (4) Use the name of medical scientific research units, academic institutions, medical institutions or experts, doctors, patients, n and image proof;
    (5) Other content stipulated in laws and administrative regulations.
    The content of drug advertisements must be based on the health administrative department of the State Council or the provincial, autonomous region, and directly under the jurisdiction

    In the country's specified therapeutic drug advertisements that should be used under the guidance of doctors, they must indicate "purchase and use according to the doctor's office
    ".
    The special drugs such as anesthesia drugs, psychotropic drugs, toxic drugs, and radioactive drugs shall not make
    advertisements.
    Article 17 Pesticide advertisements shall not have the following content:
    (1) Using non -toxic, harmless, etc. The absolute interruption of safety;
    (2) contains unscientific representations The assertion or guarantee of the effect;
    (3) includes text, language, or screens that violate the regulations of pesticide safety use;
    (4) Other content stipulated in laws and administrative regulations.
    The (18th Broadcasting, movies, television, newspapers, and journals forbidden to publish tobacco ads.
    It prohibits tobacco in public places such as various types of waiting rooms, theaters, conference halls, and sports venues.
    This must be indicated in the tobacco advertisement that "smoking is harmful to health".
    The content of food, alcohol, and cosmetics advertisements must be complied with the matters of health permits, and must not be
    The words that are easily confused with drugs.

    Chapter 3 Advertising activity

    It between advertisers, advertising operators, and advertising publishers shall be concluded in accordance with the law
    written contract , Clarify the rights and obligations of all parties.
    The (21 (21st, advertisers, advertising operators, and advertising publishers shall not perform any formal
    in unfair competition in advertising activities.
    It 22 The advertisers themselves or entrust others to design, produce, and release advertisements.
    It 23 Admiration of advertisers to design, produce, and publish advertisements shall entrust the advertising operator and advertising publisher with legitimate business qualifications
    .
    It 24 advertisers should be designed, produced, and published by others by themselves or entrust others to design, produce, and publish advertisements. Certificate documents for other production and business qualifications;
    (2) certification documents issued by the quality inspection agency on the quality content of the product in the advertisement;
    (3) other certification documents that confirm the authenticity of the advertising content.
    If in accordance with the provisions of Article 34 of this Law, if the advertisement is required to be reviewed by the relevant administrative department, it shall also
    The relevant approval documents.
    It, if advertisers or advertisers use the names and images of others in the advertisement, it should be incident
    In the written consent of others; The name and shape
    , the written consent of the guardian should be obtained in advance.
    It 26 Entering advertising operations shall have necessary professional and technical personnel and production equipment, and
    to handle the company or advertising operation registration in accordance with the law to engage in advertising activities.
    The advertising business of radio, television stations, and newspapers and publishing units shall shall be handled by its
    for its special advertising business, and the registration of part -time advertising shall be processed in accordance with the law.
    It 27 Advertising operators and advertising publishers check the relevant certification documents in accordance with laws and administrative regulations, and verify the content of the advertising content. For advertisements with poor content or proof documents, advertising operators shall not provide design,
    production, agency services, and advertising publishers shall not publish.
    It 28 Advertising operators and advertising publishers shall establish and improve the advertising industry in accordance with relevant state regulations
    The undertaking registration, review, and archives management system for affairs.
    It 199 Advertising charges shall be reasonable and disclosed. The charging standards and charging methods shall be filed with the price and work

    C advertising operators and advertising publishers shall announce their charging standards and fees.
    The medium coverage, ratings, sending
    line volume and other information provided by advertisers and advertising operators shall be true.
    It 31 Laws and administrative regulations stipulate the prohibited production, sales of goods or services provided, and use
    and prohibit the release of advertising products or services.
    It with one of the following circumstances, outdoor advertisements shall not be set up:
    (1) using traffic safety facilities and traffic signs;
    (2) affect municipal public facilities and transportation The use of safety facilities and transportation signs;
    (3) Obstructing production or people's lives and harming the appearance of the city;
    (4) building control zones for state organs, cultural relics protection units and attractions;
    (5) The local people's governments at or above the local county level prohibit the establishment of outdoor advertising areas.
    33 The planning and management measures for outdoor advertising shall be formulated by local people's governments at or above the local county level
    organized advertising supervision and management, urban construction, environmental protection, public security and other relevant departments.

    Chapter 4 Advertising Examination

    It 34 uses radio, movies, television, newspapers, journals, and other media to publish medicines, medicine
    therapy equipment Advertising and administrative regulations of products such as pesticides, veterinary drugs and other products shall be reviewed, and other advertisements shall be reviewed.
    The must ) Examine the content of the advertisement; it shall not be released without review.
    35 The advertisers apply for advertising review and shall submit relevant certification documents to the advertising review authority in accordance with laws and administrative regulations. The advertising review agency shall make a review and decision in accordance with laws and administrative regulations.
    36 Any unit or individual shall not forge, exchange or transfer advertising review decision documents.

    Chapter 5 Legal liability

    It 37 violates the provisions of this law and uses advertisements to make false publicity on goods or services. The agency organs order advertisers to stop publishing and use equal advertising costs to publicly correct the effects of
    , and impose fines of more than five times the advertising costs; R nTerneers confiscate the advertising costs and punish the advertising costs of more than five times more than five times; if the circumstances are serious, stop
    to stop its advertising business. Constitute a crime, be held criminally responsible.
    It 38 violations of the provisions of this Law, publish false advertisements, deceive and mislead consumers, and damage the legitimate rights and interests of consumers who buy goods
    Responsibilities; if the advertising
    The operator, advertising publisher knows that or should be designed, produced and published in the false advertisement, shall bear the
    joint responsibility in accordance with the law.
    If advertising operators and advertising publishers cannot provide the real name and address of advertisers, they shall bear all
    civil liability.
    S social groups or other organizations, recommending goods or services to consumers in false advertisements, which damage the legitimate rights and interests of consumers
    , shall bear joint responsibility in accordance with the law.
    Eyllarly issued by advertising violations of Article 7 of this Law, the responsibility of the advertising supervision and management authority
    The accountable advertisers, advertising operators, and advertising publishers for responsible Public correction, confiscate the advertising fee
    , and the advertising fee is doubled or less than five times the fine; if the circumstances are serious, the advertising business is stopped according to law.
    The criminal responsibility shall be investigated in accordance with the law.
    Ilier 40 If an advertisement violates Article 9 to 12 of this Law, the advertising supervision and management authority
    The order of responsible advertisers, advertising operators, and advertising publishers to stop publishing Public correction, confiscate advertisements
    , can be fined with more than five times the cost of advertising.
    Those who publish an advertisement violate the provisions of Article 13 of the Law shall be ordered by the advertising supervision authority to order the advertising publisher to correct it.
    The Article 41 violations of Article 14 to 17 and 19 of this Law, and publish drugs, medical n instruments, pesticides, food, alcohol, cosmetics advertisements, or advertising, or advertisements, or or cosmetics, or or cosmetics, or or cosmetics, or or cosmetics, or cosmetics, or cosmetics, or cosmetics, or cosmetics, or cosmetics, or cosmetics, or cosmetics, or cosmetics. If the provisions of Article 31 of the Law publish an advertisement
    , the advertising supervision organs shall order advertisers, advertising operators, advertising publishers to correct or
    It can be fined with more than five times the cost of advertising; if the plot is strict
    , the advertising business is stopped according to law.
    The Article 42 violates the provisions of Article 18 of this Law, and uses radio, movies, television, newspapers, journals
    Preting tobacco advertisements, or tobacco advertisements in public places, shall be supervised and managed by advertising supervision and management The agency organs organs organs are responsible for
    The advertisers, advertising operators, and advertising publishers who have stopped publishing and confiscated advertising fees. They can be fined with more than five times more than five times more than five times.
    It 43 The provisions of Article 34 of this Law, if the review and approval of the advertising review authority is issued
    advertising shall order advertisers and advertisements with responsible responsibilities and advertisements. The operator and advertising publisher stop
    The release of the advertising costs, and the advertising costs are doubled or less than five times the fine.
    If 44 The advertiser provides false certification documents shall be fined 10,000 yuan for 10,000 yuan in
    .
    If Forging, altering, or transfer of advertising review decision documents, the advertising supervision organs confiscate illegal income,
    and impose a fine of 10,000 yuan to 100,000 yuan. Constitute a crime, be held criminally responsible.
    It 45 If the advertising review authority shall make a review and approval of the illegal advertising content, the person in charge of the responsible person and other direct responsible persons shall be directly negative
    The department is given administrative sanction according to law
    .
    It 46 Staff of the advertising supervision and management authority and the advertising review authority neglects the duties, abuse of positions
    rights, and private fraud, and give administrative sanctions. Constitute a crime, be held criminally responsible.
    It 47 Advertisers, advertising operators, and advertising publishers violate the provisions of this Law. If there is one of the following infringements
    , it shall bear civil liability according to law:
    (1) in The physical and mental health of the minor or disabled in the advertisement; (2) the patent of others
    ; (3) degrading the goods or services of other production and operators; (4)
    The name and image; (5) Others who violate the legal rights and interests of others.
    It 48 If the parties do not accept the administrative penalty decision, they may apply for reconsideration of the upper -level organs of the agency that make a penalty decision within the date of receiving the notice of punishment. Plugs directly to the people's court within 15 days from the date of receiving the punishment notice
    .
    The reconsideration organs shall make reconsideration decisions within 60 days from the date of receiving the application for reconsideration. If the parties are not convinced by the reconsideration decision
    , they may sue to the people's court within 15 days from the date of receiving the re -receiptation decision. If the reconsideration agency is overdue
    The decisions of reconsideration, the parties may sue to the people's court within 15 days from the expiration of the reconsideration period.
    If parties who do not apply for reconsideration and do not sue the people's court overdue, and do not fulfill the penalty decision, a penalty is made
    The authority that the decision can apply for the people's court for compulsory enforcement.

    Chapter 6 Attachment

    The Article 49 This law will be implemented from February 1, 1995. Other relevant
    The content of the laws and regulations formulated before the implementation of this law does not match the content of the law and regulations of the advertisement, the law shall prevail.

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