广告法-英文-English

Advertisement Law of the People's Republic of China

(Adopted

at

the

Tenth

Meeting

of

the

Standing

Committee

of

the

Eighth

National

People's

Congress on October 27, 1994 and promulgated by Order No. 34 of the President of the People's

Republic of China on October 27, 1994)

Contents

Chapter I General Provisions

Chapter II Norms for Advertisements

Chapter III Advertising Activities

Chapter IV Examination of Advertisements

Chapter V Legal Responsibility

Chapter VI Supplementary Provisions

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

as

used

in

this

Law

refer

to

commercial

advertisements,

for

which

a

commodity 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

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

agents

as

used

in

this

Law

refer

to

the

legal

persons,

other

economic

organizations

or

individuals

that

on

a

commission

basis

provide

advertisement

designing

and

production services and agent service.

The

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

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 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.

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