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Legal definition of advertisement
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Article 55 of the Advertising Law stipulates that those who publish false advertisements in violation of the provisions of this law 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 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 more than 200,000 yuan/kloc-0,000 yuan shall be imposed. If there are more than three illegal acts or other serious circumstances within two years, a fine of five to 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 1 million yuan but not more than 2 million yuan may be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year. If a medical institution commits an illegal act specified in the preceding paragraph, and the circumstances are serious, the administrative department for industry and commerce may revoke the medical institution's diagnosis and treatment subjects or practice license in addition to punishment according to this law. If an advertising agent or publisher designs, produces, represents 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 more than 200,000 yuan/kloc-0,000 yuan shall be imposed. If there are more than three illegal acts or other serious circumstances within two years, 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 1 million yuan but not more than 2 million yuan shall be imposed, and the relevant departments may suspend the advertising business, revoke the business license and revoke the advertising registration certificate. Advertisers, advertising agents and publishers who commit the acts specified in the first and third paragraphs of this article, which constitute a crime, shall be investigated for criminal responsibility according to law. Article 56 Advertisers who, in violation of the provisions of this Law, publish false advertisements, deceive or mislead consumers, and damage the legitimate rights and interests of consumers in purchasing goods or receiving 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 about a consumer's life and health goods or services 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 harm to consumers, if the advertising agents, publishers and spokespersons know or should know that the advertisements are false, they still design, produce, represent, publish, recommend and prove them, and they shall be jointly and severally liable with the advertisers. Article 57 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 more than 200,000 yuan/kloc-0,000 yuan. If the circumstances are serious, the business license may be revoked, and the approval document for advertisement examination shall be revoked by the advertisement examination organ, and the application for advertisement examination shall not be accepted within one year; For advertising agents and publishers, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of more than 200,000 yuan/kloc-0,000 yuan. If the circumstances are serious, the business license and the registration certificate of advertising release may be revoked: (1) publishing advertisements in prohibited situations as stipulated in Articles 9 and 10 of this Law; (two) in violation of the provisions of article fifteenth of this law, publishing advertisements for prescription drugs, pharmaceutical precursor chemicals, medical devices and drug treatment methods; (3) In violation of the provisions of Article 20 of this Law, publishing advertisements for infant dairy products, beverages and other foods that claim to be able to completely or partially replace breast milk; (4) Publishing tobacco advertisements in violation of the provisions of Article 22 of this Law; (5) In violation of the provisions of Article 37 of this Law, using advertisements to publicize products or services that are prohibited from being produced or sold, or commodities or services that are prohibited from being publicized; (six) in violation of the provisions of the first paragraph of Article 40 of this law, publishing advertisements on medical care, medicines, health food, medical devices, cosmetics, alcohol, beauty advertisements and online games in the mass media that are not conducive to the physical and mental health of minors. Article 58 In case of any of the following acts, the administrative department for industry and commerce shall order it to stop advertising, order advertisers to eliminate the influence within the corresponding scope, and impose a fine of more than one time and less than three times the advertising cost; If the advertising expenses cannot be calculated or obviously low, a fine of not less than 100,000 yuan but not more 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 more than 200,000 yuan and less than 1 million yuan shall be imposed, the business license may be revoked, and the advertising examination organ shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year: (1) publishing advertisements for medical treatment, medicines and medical devices in violation of the provisions of Article 16 of this Law; (2) In violation of the provisions of Article 17 of this Law, advertisements involve the function of disease treatment, and use medical terms or terms that easily confuse promotional goods with drugs and medical devices; (three) in violation of the provisions of article eighteenth of this law, publishing health food advertisements; (4) publishing advertisements for pesticides, veterinary drugs, feeds and feed additives in violation of the provisions of Article 21 of this Law; (5) Publishing alcohol advertisements in violation of the provisions of Article 23 of this Law; (six) in violation of the provisions of article twenty-fourth of this law, publishing education and training advertisements; (seven) in violation of the provisions of article twenty-fifth of this law, publishing advertisements for commodities or services with expected return on investment, such as investment promotion; (8) Publishing real estate advertisements in violation of the provisions of Article 26 of this Law; (nine) in violation of the provisions of Article 27 of this law, publishing advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic fingerlings and breeding; (ten) in violation of the provisions of the second paragraph of Article 38 of this law, using minors under the age of ten as advertising spokespersons; (eleven) in violation of the provisions of the third paragraph of Article 38 of this law, using natural persons, legal persons or other organizations as advertising spokespersons; (twelve) in violation of the provisions of article thirty-ninth of this law, using articles related to primary and secondary school students and children in primary and secondary schools and kindergartens; (thirteen) in violation of the provisions of the second paragraph of Article 40 of this law, publishing advertisements for goods or services for minors under the age of fourteen; (14) publishing advertisements without examination in violation of the provisions of Article 46 of this Law. If a medical institution commits an illegal act specified in the preceding paragraph, and the circumstances are serious, the administrative department for industry and commerce may revoke the medical institution's diagnosis and treatment subjects or practice license in addition to punishment according to this law. Advertising agents and publishers who design, produce, act as agents or publish while knowing or should know that there are illegal acts as stipulated in the first paragraph of this article shall be confiscated by the administrative department for industry and commerce, and shall be fined between one and three times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of100000 yuan but not more than 200000 yuan shall be imposed. If the circumstances are serious, a fine of three times or more and five times or less shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed, and the relevant departments may suspend the advertising business, revoke the business license and revoke the advertising registration certificate. Article 59 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 content quoted in the advertisement violates the provisions of Article 11 of this Law; (3) Advertisements involving patents violate 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. Advertising agents and publishers who design, produce, act as agents or publish while knowing or should know that there are illegal acts as stipulated in the preceding paragraph shall be fined not more than 100,000 yuan by the administrative department for industry and commerce. Where an advertisement violates the provisions of Article 14 of this Law and is not recognizable, or violates the provisions of Article 19 of this Law by publishing advertisements for medical treatment, medicines, medical devices and health foods in disguised form, the administrative department for industry and commerce shall order it to make corrections and impose a fine of not more than 100,000 yuan on the advertisement publisher. Article 60 If a radio station, television station or newspaper publishing unit violates the provisions of Article 29 of this Law and engages in advertising business without advertising registration, 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 10,000 yuan but not more than three times its illegal income; If the illegal income is less than 1 10,000 yuan, a fine ranging from 5,000 yuan to 30,000 yuan shall be imposed. Article 61 Where an advertising agent or publisher violates the provisions of Article 34 of this Law, fails to establish and improve an advertising business management system in accordance with the relevant provisions of the State, or fails to check the contents of advertisements, 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 35 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 62 Where an advertising spokesperson is under any of the following circumstances, the administrative department for industry and commerce shall confiscate his illegal income and impose a fine of not less than one time but not more than two times his illegal income: (1) In violation of the provisions of Item 4 of Paragraph 1 of Article 16 of this Law, he makes recommendations or certificates in advertisements for medical treatment, drugs and medical devices; (two) in violation of the provisions of Article 18, paragraph 1, item 5 of this law, making recommendations and certificates in health food advertisements; (three) in violation of the provisions of the first paragraph of Article 38 of this law, making recommendations and certificates for the unused goods or services; (four) knowing or should know that the advertisement is false, but still recommending or proving the goods and services in the advertisement. Article 63 Where an advertisement is published in violation of the provisions of Article 43 of this Law, the relevant department shall order it to stop the illegal act and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan on the advertiser. In violation of the provisions of the second paragraph of Article 44 of this Law, if an advertisement is posted on the Internet without a clear closure sign to ensure one-click closure, the administrative department for industry and commerce shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan on the advertiser. Article 64 If, in violation of the provisions of Article 45 of this Law, operators 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. 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 65 Whoever, 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 an advertisement is approved by cheating, bribery or other improper means, it shall be revoked by the advertisement examination organ, and a fine of100,000 yuan to 200,000 yuan shall be imposed, and the applicant's application for advertisement examination shall not be accepted within three years. Article 66 Anyone who, in violation of the provisions of this Law, forges, alters or transfers the approval documents for advertisement examination shall be confiscated by the administrative department for industry and commerce and fined at least 10,000 yuan but not more than 100,000 yuan. Article 67 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 68 Where a radio station, television station, newspaper or audio-visual publishing unit publishes illegal advertisements, or publishes advertisements in disguised form in the form of news reports, or publishes advertisements in disguised form in the form of introducing health and wellness knowledge, the administrative department for industry and commerce shall notify the press and publication, radio, film and television and other relevant departments to be punished in accordance with this Law. Press and publication, radio, film and television departments and other relevant departments shall punish the responsible persons in charge and the persons directly responsible according to law; If the circumstances are serious, the advertising business of the media may be suspended. If the press and publication, radio, film and television and other relevant departments fail to deal with radio stations, television stations, audio-visual publishing units of newspapers and periodicals in accordance with the provisions of the preceding paragraph, the responsible person in charge and the person directly responsible shall be punished according to law. Article 69 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) Those who harm the physical and mental health of minors or disabled persons 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 70 If the legal representative of a company or enterprise whose business license has been revoked due to publishing false advertisements or other illegal acts as 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 71 Whoever, in violation of the provisions of this Law, refuses or obstructs the supervision and inspection of the administrative department for industry and commerce or commits other acts violating the administration of public security shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 72 If the advertising examination organ makes a decision on the examination and approval of illegal advertising content, the responsible person in charge and the person directly responsible shall be punished by the appointment and removal organ or the supervisory organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 73 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 found after complaints and reports, the responsible person in charge and the person directly responsible shall be punished according to law. Staff members of the administrative department for industry and commerce and the relevant departments responsible for advertising management who neglect their duties, abuse their powers or engage in malpractices for selfish ends shall be punished according to law.