中华人民共和国广告法(英文版)

中华人民共和国广告法

（英文版）

The Advertisement Law of PRC

(Adopted at the Tenth Meeting of the Standing Committee of the Eighth National People's Congress

on October 27, 1994.)

Chapter I

General provisions

Article

1

This

Law

is

formulated

in

order

to

regulate

advertising

activities,

promote

the

sound

development of advertising business, protect the legitimate rights and interests of consumers, maintain

the

socio-economic

order,

and

enable

advertisements

to

play

a

positive

role

in

the

socialist

market

economy.

Article

2

Advertisers,

advertising

agents

and

advertisement

publishers

engaged

in

advertising

activities within the territory of the People's Republic of China shall abide by this Law.

The

producer or dealer or service provider pays, and by which the same, through certain media or forms,

directly or indirectly introduces his commodities to be sold or services to be provided.

The

as

used

in

this

Law

refer

to

the

legal

persons,

other

economic

organizations

or

individuals that, for the purpose of promoting the sale of commodities or providing services, design,

produce and publish advertisements either by itself or by commissioning others to do so.

The

or

individuals

that

on

a commission

basis

provide

advertisement

designing

and

production

services

and agent service.

The

publishers

as

used

in

this

Law

refer

to

the

legal

persons

or

other

economic

organizations

that

publish

advertisements

for

advertisers

or

advertising

agents

commissioned

by

advertisers.

Article 3 An advertisement shall be true to facts, lawful, and in compliance with the requirements for

the socialist cultural and ideological development.

Article

4

An

advertisement

shall

not

contain

any

false

information,

and

shall

not

cheat

or

mislead

consumers.

Article

5

Advertisers,

advertising

agents

and

advertisement

publishers

shall,

when

engaged

in

advertising activities, abide by laws and administrative rules and regulations, adhere to the principles

of fairness, honesty and credibility.

Article 6

The administrative departments for industry and commerce of the people's governments at

or above the county level shall be the supervisory and administrative organs for advertisements.

Chapter II

Norms for Advertisements

Page 1 of 8

Article 7 the contents of an advertisement shall be conducive to the physical and mental health of the

people,

shall

promote

the

quality

of

commodities

and

services,

protect

the

legitimate

rights

and

interests of consumers, be in compliance with social morality and professional ethics, and safeguard

the dignity and interests of the State.

An advertisement shall not involve any of the following circumstances:

(1) Using the National Flag, the National Emblem or the National Anthem of the People's Republic of

China;

(2) Using the names of State organs or their functionaries;

(3) Using words such as the State-level, the highest-grade or the best;

(4)

Hindering

social

stability

or

endangering

the

safety

of

the

person

or

property,

or

harming

the

public interests;

(5) Hindering the public order or violating the sound social morals;

(6) Having information suggesting pornography, superstition, terror, violence or hideousness;

(7) Carrying information of ethnic, racial, religious or sexual discrimination;

(8) Hindering the protection of environment or natural resources; or

(9) Other circumstances prohibited by laws or administrative rules and regulations.

Article

8

Advertisements

shall

not

impair

the

physical

and

mental

health

of

minors

or

disabled

persons.

Article 9 Where there are statements in an advertisement on the performance, place of origin, usage,

quality, price, producer or manufacturer, term of validity and promise of a commodity, or on the items,

forms, quality, price and promise of a service, they shall be clear and explicit.

Where there are statements in an advertisement about additional presentation of gifts for the purpose

of promoting the sale of commodities or providing services, the types and quantities of such gifts shall

be clearly indicated.

Article 10 Data, statistical information, results of investigation or survey, digest and quotations used in

an advertisement shall be true to facts and accurate, and their sources shall be indicated.

Article 11 Where an advertisement

involves

a patented product

or patented process,

it shall

clearly

indicate the number of patent and the type of patent.

Where

a

patent

right

has

not

been

obtained,

an

advertiser

shall

not

give

false

information

in

an

advertisement that the patent right has been obtained.

It is prohibited to use a patent application for which the patent right has not been granted or to use a

terminated, nullified or invalid patent in an advertisement.

Article 12 An advertisement shall not belittle commodities of other producers and dealers or services

of other providers.

Article 13 An advertisement shall be distinguishable and shall enable consumers to identify it as such.

The

mass

media

shall

not

publish

advertisements

in

the

form

of

news

report.

Advertisements

published

through

the

mass

media

shall

bear

advertisement

marks

so

as

to

differentiate

them

from

Page 2 of 8

other non-advertisement information, and may not mislead consumers.

Article 14 an advertisement for pharmaceuticals, medical apparatus and instruments shall not have the

following:

(1) unscientific affirmations or guarantees for efficacy;

(2) indication of cure rate or efficacious rate;

(3) comparison of efficacy and safeness with those of other pharmaceuticals, medical apparatus and

instruments;

(4)

use

of

the

name

or

image

of

a

medical

research

institution,

academic

organization,

medical

institution or of an expert, a doctor or patient as proof; or

(5) other information prohibited by laws or administrative rules and regulations.

Article

15

An

advertisement

for

pharmaceuticals

must

be

based

on

the

directions

approved

by

the

administrative department of public health under the State Council or the administrative departments

of

public

health

of

provinces,

autonomous

regions

or

municipalities

directly

under

the

Central

Government.

An advertisement for therapeutic pharmaceuticals to be used on doctor's advice as prescribed by the

State must be marked with

Article

16

Special

pharmaceuticals

such

as

narcotics,

psychotropic

substances,

toxic

drugs

and

radioactive drugs shall not be advertised.

Article 17 An advertisement for agricultural pesticides shall not have the following:

(1) absolute affirmations indicating their safeness such as being non-toxic or non-harmful;

(2) unscientific affirmations or guarantees for their efficacy;

(3) written or spoken language or pictures that violate rules on safe use of agricultural pesticides; or

(4) other information prohibited by laws or administrative rules and regulations.

Article 18 It is prohibited to publish advertisements for tobacco through broadcasting, motion pictures,

TV programmes, newspapers or periodicals.

It is prohibited to put up advertisements for tobacco at any kind of waiting rooms, cinemas, theatres,

conference halls, stadiums and gymnasiums or other similar public places.

Advertisements for tobacco must be marked with

Article

19

An

advertisement

for

foods,

alcoholic

drinks

or

cosmetics

must

meet

requirements

for

public

health,

and

shall

not

employ

medical

jargons

or

terms

liable

to

confuse

them

with

pharmaceuticals.

Page 3 of 8

Chapter III

Advertising Activities

Article

20

Advertisers,

advertising

agents

and

advertisement

publishers

shall,

in

their

advertising

activities,

conclude

written

contracts

according

to

law

defining

rights

and

obligations

of

respective

parties.

Article

21

Advertisers,

advertising

agents

and

advertisement

publishers

may

not

engage

in

unfair

competition of any form in their advertising activities.

Article 22 In an advertisement designed, produced and published by the advertiser itself or by others

on

a

commission

basis,

the

sale

of

commodities

being

promoted

or

the

services

provided

shall

conform to the business scope of the advertiser.

Article

23

An

advertiser

shall,

in

designing,

producing

and

publishing

advertisements

on

a

commission

basis,

commission

advertising

agents

or

advertisement

publishers

with

lawful

qualifications for such business.

Article 24 An advertiser shall, in designing, producing and publishing advertisements by itself or by

others

on

a

commission

basis,

possess

or

provide

the

following

true,

lawful

and

valid

supporting

documents:

(1) business license and other documents for the qualifications of production and operation;

(2)

documents

issued

by

a

quality

inspection

institution

for

matters

relating

to

the

quality

of

commodities being advertised; and

(3) other documents confirming the truthfulness of the contents of the advertisement.

Where

the

publication

of

an

advertisement

is

subject

to

the

examination

by

the

competent

administrative

departments

as

provided

by

Article

34

of

this

Law,

relevant

documents

of

approval

shall also be provided .

Article

25

If

an

advertiser

or

advertising

agent

is

to

use

the

names

or

images

of

others

in

advertisements, it shall obtain in advance a written consent from them; and in the case of persons with

no capacity for civil conduct or with limited capacity for civil conduct, it shall obtain in advance a

written consent from their guardians.

Article 26 Anyone who is to engage in the advertising business shall have the necessary professional

and

technical

personnel

and

production

equipment

and

undergo

the

registration

procedures

for

a

company

or

advertising

business

in

accordance

with

the

law,

before

he

may

engage

in

advertising

activities.

The

advertising

business

of

radio

stations,

television

stations,

publishers

of

newspapers

and

periodicals

shall

be

conducted

by

their

departments

specialized

in

advertising

business,

and

registration for concurrent advertising business shall be made according to law.

Article

27

An

advertising

agent

or

an

advertisement

publisher

shall

check

relevant

supporting

documents, verify the contents of advertisements in accordance with laws and administrative rules and

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