People's Republic of China (PRC) advertising law
(1994 65438+1The 10th meeting of the Standing Committee of the 8th NPC on October 27th adopted the 12th session on April 24th, 20th, 5th.
Revised at the 14th meeting of NPC Standing Committee)
catalogue
Chapter I General Principles
Chapter II Advertising Content Standards
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 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).
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 as mentioned 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, with healthy contents, and meet the requirements of building socialist spiritual civilization and promoting the excellent traditional culture of the Chinese nation.
Article 4 Advertisements shall not contain false or misleading 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 of the State Council is in charge of the national advertising supervision and management, and the relevant departments of the State Council are responsible for the relevant 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 within 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 Advertising Content Standards
Article 8 Advertisements showing performance, function, source, use, quality, composition, price, producer, expiration date, commitment, etc. The content, provider, form, quality, price, commitment, etc. The service should be accurate, clear and easy to understand.
If the advertisement indicates that the goods or services promoted are accompanied by gifts, it shall clearly state the variety, specifications, quantity, duration and method of the goods or services with gifts.
What should be clearly stated in an advertisement as stipulated by laws and administrative regulations should be clearly stated.
Article 9 An advertisement shall not be under any of the following circumstances:
(a) the use or disguised use of National Flag of the People's Republic of China, national anthem, national emblem, military flag, military song and military emblem;
(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";
(four) damage the dignity or interests of the state, revealing state secrets;
(5) Obstructing social stability and harming public interests;
(6) endangering personal and property safety and revealing personal privacy;
(7) Obstructing public order or violating good social customs;
(8) Containing obscenity, pornography, gambling, superstition, terror and violence;
(9) Contents containing 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 advertisement involves matters that require administrative license, it shall be consistent with the contents of the license.
Advertisements cited by using data, statistics, survey results, abstracts, quotations, etc. shall be true and accurate, and the source shall be indicated. If the quoted content has the scope of application and the validity period, it shall be indicated.
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 lie in advertisements that they have obtained the patent right.
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 recognize it as an advertisement.
The mass media shall not publish advertisements in disguised form in the form of news reports. Advertisements published through the mass media should be marked with the word "advertisement" to distinguish them from other non-advertising information and must not mislead consumers.
Radio stations and television stations shall abide by the provisions of the relevant departments of the State Council on the length and manner of advertisements, and make obvious hints on the length of advertisements.
Article 15 No advertisements shall be published for narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs and other special drugs, pharmaceutical precursor chemicals, drug rehabilitation drugs, medical devices and treatment methods.
Prescription drugs other than those specified in the preceding paragraph can only be advertised in medical and pharmaceutical journals designated by the health administrative department of the State Council and the drug supervision and administration department of the State Council.
Article 16 Advertisements for medical treatment, drugs and medical devices shall not contain the following contents:
(1) Assertions or guarantees indicating efficacy and safety;
(2) Explain the cure rate or effective rate;
(3) differences in efficacy and safety compared with other drugs, medical devices or other medical institutions;
(four) the use of advertising spokespersons for recommendation and proof;
(5) Other contents prohibited by laws and administrative regulations.
The contents of drug advertisements shall not be inconsistent with the instructions approved by the drug supervision and administration department of the State Council, and the taboos and adverse reactions shall be clearly marked. 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 "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 medical device product registration certificate, the advertisement shall clearly indicate that "the taboo contents or precautions are detailed in the instruction manual".
Article 17 Except for advertisements for medical treatment, drugs and medical devices, it is forbidden to use any other advertisements that involve the function of disease treatment, and it is not allowed to use medical terms or terms that easily confuse marketed goods with drugs and medical devices.
Eighteenth health food advertisements shall not contain the following contents:
(1) Assertions or guarantees indicating efficacy and safety;
(2) Involving the functions of disease prevention and treatment;
(3) claiming or implying that the commodities advertised are necessary for health protection;
(4) Compared with medicines and other health foods;
(five) the use of advertising spokespersons for recommendation and proof;
(6) Other contents prohibited by laws and administrative regulations.
The advertisement of health food should clearly indicate that "this product cannot replace medicine".
Nineteenth radio stations, television stations, audio-visual publishing units of newspapers and periodicals, and Internet information service providers shall not publish advertisements of medical treatment, medicines, medical devices and health food in disguised form by introducing health knowledge.
Article 20 It is forbidden to publish advertisements for baby dairy products, drinks and other foods that claim to completely or partially replace breast milk in mass media or public places.
Article 21 Advertisements for pesticides, veterinary drugs, feeds and feed additives 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;
(4) Words, languages or pictures that violate the rules for safe use;
(5) Other contents prohibited by laws and administrative regulations.
Twenty-second it is forbidden to publish tobacco advertisements in the mass media or public places, public transport and outdoors. It is forbidden to send any form of tobacco advertisements to minors.
It is forbidden to publicize the name, trademark, packaging, decoration and similar contents of tobacco products by using advertisements and public service advertisements of other commodities or services.
The notice of relocation, renaming and recruitment issued by the producer or seller of tobacco products shall not contain the name, trademark, packaging, decoration and similar contents of tobacco products.
Twenty-third alcohol advertisements shall not contain the following contents:
(1) Induce, encourage or encourage excessive drinking;
(2) drinking alcohol;
(three) driving a car, a boat, an airplane and other activities;
(four) express or implied that drinking can eliminate tension and anxiety, increase physical strength and other effects.
Twenty-fourth education and training advertisements shall not contain the following contents:
(a) to enter a higher school, pass the examination, obtain a degree or qualification certificate, or make an express or implied commitment to the effect of education and training;
(two) express or implied that the relevant examination institutions or their staff, examination proposition personnel to participate in education and training;
(3) Using the names or images of scientific research institutions, academic institutions, educational institutions, trade associations, professionals and beneficiaries for recommendation and certification.
Article 25 Advertisements for commodities or services with expected return on investment, such as investment promotion, shall give reasonable hints or warnings about possible risks and risk responsibilities, and shall not contain the following contents:
(a) to make a commitment to guarantee the future effect, income or relevant information, express or imply capital preservation, risk-free or guaranteed income, unless otherwise stipulated by the state;
(two) using the name or image of academic institutions, industry associations, professionals and beneficiaries for recommendation and certification.
Twenty-sixth real estate advertising, housing information should be true, the area should be marked as construction area or interior construction area, and shall not contain the following contents:
(1) Commitment of appreciation or return on investment;
(two) the location of the project is expressed by the time required for the project to reach a specific reference;
(three) in violation of the relevant provisions of the state on price management;
(four) misleading propaganda on transportation, commerce, cultural and educational facilities and other municipal conditions under planning or construction.
Article 27 Advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic fry and breeding shall be true, clear and easy to understand, and shall not contain the following contents:
(1) making an assertion that cannot be scientifically confirmed;
(2) Assertions or guarantees indicating efficacy.
(three) to analyze and predict the economic benefits or make a guarantee commitment;
(four) using the name or image of scientific research institutions, academic institutions, technology popularization institutions, trade associations or professionals and users to make recommendations and certificates.
Article 28 An advertisement that deceives or misleads consumers with false or misleading contents is a false advertisement.
An advertisement in any of the following circumstances is a false advertisement:
(a) Goods or services do not exist;
(2) Information such as the performance, function, origin, use, quality, specifications, ingredients, price, producer, expiration date, sales status and honor of the goods, or information such as the content, provider, form, quality, price, sales status and honor of the services, and information related to the goods or services are inconsistent with the actual situation, which has 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 proof materials;
(4) Fictitious use of goods or acceptance of services;
(5) Other circumstances that deceive or mislead consumers with false or misleading contents.
Chapter III Advertising Code of Conduct
Article 29 A radio station, television station and newspaper publishing unit engaged in advertising business shall set up an agency specialized in advertising business, be equipped with necessary personnel, and have a place and equipment suitable for advertising business, and register advertisements with the local administrative department for industry and commerce at or above the county level.
Article 30 Advertisers, advertising agents and publishers shall conclude written contracts in advertising activities according to law.
Article 31 Advertisers, advertising agents and publishers shall not engage in any form of unfair competition in advertising activities.
Article 32 When an advertiser entrusts the design, production and publication of an advertisement, it shall entrust an advertising agent or publisher with legal business qualifications.
Article 33 Where an advertiser or advertising agent uses the name or image of another person in an advertisement, it shall obtain the written consent of the other person 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.
Thirty-fourth advertising agents and publishers shall, in accordance with the relevant provisions of the state, establish and improve the registration, examination and file management system of advertising business.
Advertising agents and publishers shall examine relevant supporting documents and check the contents of advertisements in accordance with laws and administrative regulations. Advertising agents shall not provide design, production or agency services for advertisements with inconsistent contents or incomplete supporting documents, and advertisement publishers shall not publish them.
Thirty-fifth advertising agents and publishers shall publish their charging standards and methods.
Article 36 The coverage, audience rating, click-through rate, circulation and other information provided by advertising publishers to advertisers and advertising operators shall be true.
Article 37 No unit or individual may design, produce, act as an agent 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 38 When recommending and proving commodities and services in advertisements, advertising spokespersons shall be based on facts and the provisions of this Law and relevant laws and administrative regulations, and shall not recommend or prove commodities or services that they have not used or accepted.
Minors under the age of ten shall not be used as advertising spokespersons.
A natural person, legal person or other organization that makes recommendations in false advertisements and proves that it has been subject to administrative punishment for less than three years shall not act as an advertising spokesperson.
Thirty-ninth primary and secondary schools and kindergartens shall not carry out advertising activities, and shall not use textbooks, teaching AIDS, exercise books, stationery, teaching AIDS, school uniforms and school buses for primary and secondary school students and children to publish or publish advertisements in disguised form, except for public service advertisements.
Fortieth, advertisements for medical treatment, medicines, health food, medical devices, cosmetics, alcohol, beauty and online games that are not conducive to the physical and mental health of minors shall not be published in the mass media for minors.
Advertisements for goods or services aimed at 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.
Forty-first local people's governments at or above the county level shall organize relevant departments to strengthen supervision and management of the use of outdoor places, spaces and facilities. Publish outdoor advertisements and formulate the planning and safety requirements for outdoor advertisements.
Measures for the administration of outdoor advertising shall be stipulated by local laws and regulations of local governments.
Forty-second in any of the following circumstances, outdoor advertising shall not be set up:
(a) the use of traffic safety facilities, traffic signs;
(two) the impact of municipal public facilities, traffic safety facilities, traffic signs, fire control facilities, the use of fire safety 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 construction control areas, or in areas where the local people's governments at or above the county level prohibit the installation of outdoor advertising.
Article 43 No unit or individual is allowed to send advertisements to its domicile, means of transportation, etc. Or send advertisements to the parties in the form of electronic information without their consent or request.
If an advertisement is sent by electronic information, the true identity and contact information of the sender shall be clearly stated, and the receiver shall be provided with a way to refuse to continue receiving it.
Article 44 The provisions of this Law shall apply to Internet advertising activities.
The use of the Internet to publish and send advertisements shall not affect the normal use of the network by users. Advertisements published in the form of pop-ups on Internet pages shall be marked with a closing sign to ensure one-click closing.
Forty-fifth managers of public places, telecom operators and Internet information service providers should stop them from using places or information transmission and publishing platforms to send or publish illegal advertisements that they know or should know.
Chapter IV Supervision and Administration
Article 46 Before releasing advertisements for medical treatment, medicines, medical devices, pesticides, veterinary drugs, health food 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 the advertisements; Without review, it shall not be published.
Article 47 When applying for advertisement examination, an advertiser shall submit relevant certification documents to the advertisement examination organ in accordance with the provisions of laws and administrative regulations.
The advertising examination organ shall make an examination decision in accordance with the provisions of laws and administrative regulations, and send a copy of 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 48 No unit or individual may forge, alter or transfer the approval documents for advertisement examination.
Article 49 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;
(two) to ask the parties suspected of violating the law or their legal representatives, principal responsible persons and other relevant personnel, and to investigate 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;
(five) sealing up and detaining advertising articles, business tools, equipment and other property directly 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, timely discover and investigate illegal advertising activities according to law.
Article 50 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 mass media advertising.
Article 51 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 52 The administrative department for industry and commerce, relevant departments and their staff shall have the obligation to keep confidential the business secrets they know in the advertising supervision and management activities.
Article 53 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 open the telephone number, email address or email address for accepting complaints and reports to the public, and the department accepting complaints and reports shall deal with them within seven working days from the date of accepting complaints, and inform the complainants and informants.
Where 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 handle it according to law and inform the informant of the result in time.
The relevant departments shall keep confidential the complainants and informants.
Article 54 Consumer associations and other consumer organizations, in violation of the provisions of this Law, publish false advertisements that infringe upon the legitimate rights and interests of consumers and other acts that harm the public interests.
Chapter V Legal Liability
Article 55 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 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 advertising registration certificate may be revoked:
(1) Publishing advertisements under circumstances prohibited by 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 publishing advertisements that are prohibited from being published;
(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 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 may be imposed, the business license may be revoked, and the approval document for advertising review shall be revoked by the advertising review organ, and the application for advertising review shall not be accepted within one year:
(a) in violation of the provisions of article sixteenth of this law, publishing advertisements for medical treatment, drugs and medical devices;
(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 advertising and impose a fine of100000 yuan on the advertiser:
(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.
Advertisements that violate the provisions of Article 14 of this Law and are not recognizable, or those that violate the provisions of Article 19 of this Law and publish advertisements of medical treatment, medicines, medical devices and health foods in disguised form, shall be ordered by the administrative department for industry and commerce to make corrections, and the advertisers shall be fined not more than 100,000 yuan.
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.
As the number of words exceeds the specified requirements, please refer to the central government portal website:/zheng/2015-04/25/content _ 2853642.htm.