Adopted at the 10th Meeting of the Standing Committee of the Eighth National People's Congress on October 27, 1994, revised at the 14th Meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2015, revised for the first time according to the Decision on Amending Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wildlife at the 6th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018, and revised for the second time according to the Decision on Amending Eight Laws Including the Law of the People's Republic of China on Road Traffic Safety at the 28th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 29, 2021.
Article 1: In order to regulate advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of the advertising industry, and maintain social and economic order, this Law is formulated.
Article 2: Within the territory of the People's Republic of China, this Law applies to commercial advertising activities in which commodity operators or service providers directly or indirectly introduce the goods or services they promote through certain media and forms. The advertiser referred to in this law refers to a natural person, legal person, or other organization that designs, produces, or publishes advertisements on their own or entrusts others to promote goods or services.
The advertising operator referred to in this law refers to natural persons, legal persons, or other organizations that accept commissions to provide advertising design, production, and agency services. The term "advertising publisher" referred to in this law refers to a natural person, legal person, or other organization that publishes advertisements for advertisers or advertising operators commissioned by advertisers.
The term "advertising spokesperson" referred to in this law refers to a natural person, legal person, or other organization who, in their own name or image, recommends and proves goods or services in advertisements, other than the advertiser.
Article 3: Advertisements shall be truthful, legal, and express their content in a healthy manner, in line with the requirements of socialist spiritual civilization construction and the promotion of excellent traditional culture of the Chinese nation.
Article 4: Advertisements shall not contain false or misleading content, and shall not deceive or mislead consumers. Advertisers should be responsible for the authenticity of advertising content.
Article 5 Advertisers, advertising operators, and advertising publishers engaged in advertising activities shall abide by laws and regulations, be honest and trustworthy, and engage in fair competition.
Article 6: The market supervision and administration department of the State Council is responsible for the supervision and administration of advertising throughout the country, and relevant departments of the State Council are responsible for advertising management within their respective areas of responsibility. The local market supervision and management departments at or above the county level are responsible for the supervision and management of advertising in their respective administrative regions, while the relevant departments of the local people's governments at or above the county level are responsible for advertising management within their respective areas of responsibility.
Article 7 Advertising industry organizations shall formulate industry norms, strengthen industry self-discipline, promote industry development, guide members to engage in advertising activities in accordance with laws, regulations, and articles of association, and promote the construction of integrity in the advertising industry.
Article 8: Advertisements that express the performance, function, place of origin, purpose, quality, ingredients, price, producer, expiration date, promises, etc. of goods or the content, provider, form, quality, price, promises, etc. of services shall be accurate, clear, and understandable.
If the advertisement indicates that the promoted goods or services are accompanied by gifts, the variety, specifications, quantity, duration, and method of the accompanying gifts should be clearly stated.
The content that should be clearly stated in advertisements according to laws and administrative regulations should be prominently and clearly expressed.
Article 9: Advertisements shall not have the following situations:
（1） Using or covertly using the national flag, national anthem, national emblem, military flag, military song, and military emblem of the People's Republic of China;
（2） Using or indirectly using the name or image of state organs or state organ staff;
（3） Use terms such as' national level ',' highest level ',' best ', etc;
（4） Endangering the dignity or interests of the country and leaking state secrets:
（5） Hindering social stability and damaging public interests;
（6） Endangering personal and property safety, and leaking personal privacy;
（7） Obstructing public order or violating good social customs;
（8） Content containing obscenity, pornography, gambling, superstition, terror, and violence;
（9） Content that contains discrimination based on ethnicity, race, religion, or gender;
（10） Obstructing the protection of the environment, natural resources, or cultural heritage:
（11） Other situations prohibited by laws and administrative regulations.
Article 10: Advertisements shall not harm the physical and mental health of minors and persons with disabilities.
Article 11: If administrative licensing is required for matters related to advertising content, it shall be consistent with the licensed content.
Advertisements that use data, statistical information, survey results, abstracts, quotes, and other cited content should be truthful, accurate, and indicate the source. If the cited content has a scope of application and a validity period, it should be clearly stated.
Article 12: If the advertisement involves patented products or patented methods, the patent number and patent type shall be indicated.
Those who have not obtained patent rights shall not falsely claim to have obtained patent rights in advertisements.
Prohibit the use of patent applications that have not been granted patent rights and patents that have been terminated, revoked, or invalidated for advertising.
Article 13: Advertisements shall not belittle the goods or services of other producers and operators.
Article 14: Advertisements shall have recognizability that enables consumers to identify them as advertisements. Mass media shall not indirectly publish advertisements in the form of news reports. Advertisements published through mass media should prominently indicate
Advertising "should be distinguished from other non advertising information and should not mislead consumers.
Radio and television stations shall comply with the regulations of relevant departments of the State Council on the duration and method of advertising, and shall provide clear indications of the advertising duration.
Article 15: Special drugs such as anesthetics, psychotropic drugs, toxic drugs for medical use, radioactive drugs, drug precursor chemicals, drugs, medical devices, and treatment methods for drug rehabilitation shall not be advertised.
Prescription drugs other than those specified in the preceding paragraph can only be advertised in medical and pharmaceutical professional publications jointly designated by the health administrative department of the State Council and the drug regulatory department of the State Council.
Article 16: Advertisements for medical treatment, drugs, and medical devices shall not contain the following content:
（1） An assertion or guarantee of efficacy or safety;
（2） Explain the cure rate or effective rate;
（3） Compare the efficacy and safety with other drugs, medical devices, or other medical institutions;
（4） Using advertising spokespersons as recommendations and proofs; （5） Other content prohibited by laws and administrative regulations.
The content of drug advertisements shall not be inconsistent with the instructions approved by the drug regulatory department of the State Council, and shall prominently indicate contraindications and adverse reactions. Prescription drug advertisements should prominently indicate "This advertisement is only for medical and pharmaceutical professionals to read", while over-the-counter drug advertisements should prominently indicate "Please purchase and use according to the drug instructions or under the guidance of pharmacists". Advertisements for medical devices recommended for personal use should prominently indicate "Please carefully read the product instructions or purchase and use under the guidance of medical personnel". If there are contraindications or precautions in the registration certificate of medical device products, the advertisement should prominently indicate "see the instruction manual for details of contraindications or precautions".
Article 17: Except for advertisements for medical treatment, drugs, and medical devices, it is prohibited to use any other advertisements that involve disease treatment functions, and medical language or language that can easily confuse the promoted goods with drugs and medical devices shall not be used,
Article 18: Health food advertisements shall not contain the following content:
（1） An assertion or guarantee of efficacy or safety;
（2） Involving disease prevention and treatment functions;
（3） Claiming or implying that advertising products are necessary to protect health:
（4） Compare with drugs and other health foods:
（5） Using advertising spokespersons as recommendations and proofs;
（6） Other content prohibited by laws and administrative regulations.
Health food advertisements should prominently indicate that 'this product cannot replace drugs'.
Article 19 Radio stations, television stations, newspaper and audio-visual publishing units, and Internet information service providers shall not publish advertisements for medical treatment, drugs, medical devices, and health food in disguised form by introducing health and health knowledge.
Article 20: It is prohibited to publish advertisements for infant dairy products, beverages, and other food products claiming to replace breast milk in whole or in part in mass media or public places.
Article 21: Advertisements for pesticides, veterinary drugs, feed, and feed additives shall not contain the following content:
（1） An assertion or guarantee of efficacy or safety;
（2） Using the names or images of research institutions, academic institutions, technology promotion agencies, industry associations, professionals, and users as proof of recommendation;
（3） Indicating efficiency;
（4） Text, language, or visuals that violate safety usage regulations;
（5） Other content prohibited by laws and administrative regulations.
Article 22: It is prohibited to publish tobacco advertisements in mass media, public places, public transportation, or outdoors. It is prohibited to send any form of tobacco advertising to minors.
It is prohibited to use advertisements or public service announcements of other goods or services to promote the name, trademark, packaging, decoration, and similar content of tobacco products. The notices of relocation, renaming, recruitment, etc. issued by tobacco product producers or sellers shall not contain the name, trademark, packaging, decoration, or similar content of tobacco products.
Article 23: Alcoholic beverage advertisements shall not contain the following content:
（1） Inducing, encouraging, or promoting uncontrolled drinking;
（2） The act of drinking alcohol appears;
（3） Perform activities such as driving a car, boat, airplane, etc;
（4） Expressing or implying that drinking alcohol has the effect of relieving tension and anxiety, increasing physical strength, etc.
Article 24: Education and training advertisements shall not contain the following content:
（1） Make explicit or implicit guarantee commitments regarding further education, passing exams, obtaining degrees or certificates of qualification, or the effectiveness of education and training;
（2） Explicitly or implicitly indicating the participation of relevant examination institutions, their staff, and examination examiners in education and training;
（3） Using the names or images of research institutions, academic institutions, educational institutions, industry associations, professionals, and beneficiaries as recommendations or proofs.
Article 25: Advertisements for goods or services with expected investment returns, such as investment promotion, shall provide reasonable warnings or alerts about potential risks and risk liability, and shall not contain the following content:
（1） Make guarantee commitments regarding future effects, returns, or related situations, express or imply capital preservation, risk-free, or guaranteed returns, unless otherwise stipulated by the state;
（2） Using the names or images of academic institutions, industry associations, professionals, and beneficiaries as recommendations or proofs.
Article 26: Real estate advertisements shall provide truthful information on housing units, indicating the area as either the building area or the interior building area, and shall not contain the following content:
（1） Promise of appreciation or investment return;
（2） Represent the project location by the time required for the project to reach a specific reference point;
（3） Violation of national regulations on price management;
（4） Misleading promotion of transportation, commercial, cultural and educational facilities, and other municipal conditions in planning or construction.
Article 27: Advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic seedlings, and breeding shall truthfully, clearly, and clearly state the variety name, biological performance, growth or yield, quality, resistance, special use value, economic value, suitable planting or breeding scope and conditions, and shall not contain the following content:
（1） Make scientifically unverifiable assertions;
（2） An assertion or guarantee of efficacy;
（3） Analyze, predict or make guaranteed commitments on economic benefits;
（4） Using the names or images of research institutions, academic institutions, technology promotion agencies, industry associations, professionals, and users as proof of recommendation.
Article 28: If an advertisement deceives or misleads consumers with false or misleading content, it constitutes false advertising. Any of the following situations in an advertisement is considered false advertising:
（1） Goods or services that do not exist;
（2） The performance, function, place of origin, use, quality, specifications, ingredients, price, producer, expiration date, sales status, and previous honors of the goods, or the content, provider, form, quality, price, sales status, and previous honors of the services, as well as the promises related to the goods or services, do not match the actual situation and have a substantial impact on the purchasing behavior;
（3） Using fabricated, forged, or unverifiable scientific research achievements, statistical data, survey results, abstracts, quotations, and other information as proof materials;
（4） Fabricating the effects of using goods or receiving services;
（5） Other situations where false or misleading content is used to deceive or mislead consumers.
Article 29: Radio stations, television stations, and newspaper publishing units engaged in advertising publishing business shall have specialized institutions engaged in advertising business, equipped with necessary personnel, and have venues and equipment suitable for advertising publishing.
Article 30: Advertisers, advertising operators, and advertising publishers shall enter into written contracts in accordance with the law during advertising activities.
Article 31: Advertisers, advertising operators, and advertising publishers shall not engage in any form of unfair competition in advertising activities.
Article 32: Advertisers who entrust the design, production, and publication of advertisements shall entrust advertising operators and publishers with legal business qualifications.
Article 33: Advertisers or advertising operators who use the name or image of others in advertisements shall obtain their written consent in advance; If using the name or image of a person without or with limited capacity for civil conduct, prior consent from their guardian must be obtained.
Article 34: Advertising operators and publishers shall establish and improve the registration, review, and archive management system for advertising business in accordance with relevant national regulations.
Advertising operators and publishers shall verify relevant supporting documents and verify the content of advertisements in accordance with laws and administrative regulations. Advertising operators shall not provide design, production, or agency services for advertisements with inconsistent content or incomplete supporting documents, and advertising publishers shall not publish them.
Article 35: Advertising operators and publishers shall publicize their fee standards and methods.
Article 36: The information provided by advertising publishers to advertisers and advertising operators, such as coverage, ratings, click through rates, and circulation, shall be truthful.
Article 37: No unit or individual shall design, produce, act as an agent, or publish advertisements for products or services that are prohibited from production or sale by laws and administrative regulations, or for goods or services that are prohibited from advertising.
Article 38: Advertising spokespersons who make recommendations or certifications for goods or services in advertisements shall base their recommendations or certifications on facts, comply with the provisions of this Law and relevant administrative regulations, and shall not make recommendations or certifications for goods or services that they have not used or received.
Minors under the age of ten shall not be used as advertising spokespersons.
Individuals, legal persons, or other organizations who have been subject to administrative penalties for less than three years for making recommendations or providing evidence in false advertisements shall not be used as advertising spokespersons.
Article 39: Advertising activities shall not be carried out in primary and secondary schools or kindergartens, and advertisements shall not be published or disguised using textbooks, teaching aids, school uniforms, school buses, etc. for primary and secondary school students and young children, except for public service advertisements.
Article 40: Medical, pharmaceutical, health food, medical equipment, cosmetics, alcoholic beverages, beauty advertisements, as well as online game advertisements that are detrimental to the physical and mental health of minors shall not be published on mass media targeting minors. Advertisements for goods or services targeting minors under the age of fourteen shall not contain the following content:
（1） Persuade parents to purchase advertising products or services;
（2） May trigger their imitation of unsafe behavior.
Article 41: Local people's governments at or above the county level shall organize relevant departments to strengthen the supervision and management of the use of outdoor places, spaces, facilities, etc. to publish outdoor advertisements, and formulate plans and safety requirements for the installation of outdoor advertisements.
The management measures for outdoor advertising shall be stipulated by local regulations and local government rules.
Article 42: Outdoor advertising shall not be set up under any of the following circumstances:
（1） Using traffic safety facilities and traffic signs;
（2） Affects the use of municipal public facilities, traffic safety facilities, traffic signs, fire protection facilities, and fire safety signs;
（3） Obstructing production or people's lives, damaging the appearance of the city;
（4） It is set up in the building control zones of state organs, cultural relics protection units, scenic spots, etc., or in areas where outdoor advertising is prohibited by local people's governments at or above the county level.
Article 43: Without the consent or request of the parties concerned, no unit or individual shall send advertisements to their residences, transportation vehicles, etc,
Advertisements shall not be sent to them in electronic form. If advertisements are sent electronically, the sender's true identity and contact information should be clearly stated, and the receiver should be provided with a way to refuse to continue receiving.
Article 44 The provisions of this Law shall apply to advertising activities through the Internet. The use of the Internet to publish and send advertisements shall not affect the normal use of the network by users. Advertisements published on Internet pages in the form of pop ups,
The closing sign should be prominently marked to ensure one click closure.
Article 45 The administrator of public places, telecommunications business operators or Internet information service providers shall stop them from sending or publishing illegal advertisements by using their places or information transmission and publishing platforms that they know or should know.
Article 46: Advertisements for medical treatment, drugs, medical devices, pesticides, veterinary drugs, and health food, as well as other advertisements that are required to be reviewed by laws and administrative regulations, shall be reviewed by relevant departments (hereinafter referred to as advertising review agencies) before publication; Without review, it shall not be published.
Article 47: Advertisers applying for advertising review shall submit relevant supporting documents to the advertising review authority in accordance with laws and administrative regulations.
Supervision and management department. The advertising review authority shall promptly publish approved advertisements to the public.
Article 48: No unit or individual shall forge, alter, or transfer advertising review and approval documents.
Article 49: Market supervision and administration departments may exercise the following powers in fulfilling their duties of advertising supervision and administration:
（1） Conduct on-site inspections of places suspected of engaging in illegal advertising activities;
（2） Inquire about suspected illegal parties or their legal representatives, main responsible persons, and other relevant personnel, and investigate relevant units or individuals;
（3） Require the parties suspected of violating the law to provide relevant supporting documents within a specified period of time;
（4） Search and copy contracts, receipts, account books, advertising works, and other relevant materials related to suspected illegal advertisements;
（5） Seal up, seize and confiscate advertising materials, business tools, equipment and other property directly related to suspected illegal advertising;
（6） Order to suspend the publication of suspected illegal advertisements that may cause serious consequences;
（7） Other powers prescribed by laws and administrative regulations.
The market supervision and management department shall establish and improve the advertising monitoring system, perfect monitoring measures, timely discover and investigate illegal advertising behaviors in accordance with the law.
Article 50: The market supervision and administration department of the State Council, in conjunction with relevant departments of the State Council, shall formulate norms for the publication of mass media advertisements.
Article 51: When the market supervision and administration department exercises its powers in accordance with the provisions of this Law, the parties shall assist and cooperate, and shall not refuse or obstruct.
Article 52: Market supervision and management departments, relevant departments, and their staff shall have the obligation to keep confidential any trade secrets they become aware of during advertising supervision and management activities.
Article 53: Any unit or individual has the right to complain or report violations of this Law to the market supervision and administration department and relevant departments. The market supervision and administration department and relevant departments shall publicly disclose the telephone, mailbox or email address for accepting complaints or reports to the society. The department receiving the complaint or report shall handle it within seven working days from the date of receipt and inform the complainant or reporter.
If the market supervision and management department and relevant departments fail to perform their duties in accordance with the law, any unit or individual has the right to report to their superior authorities or supervisory authorities. The agency receiving the report shall handle it in accordance with the law and promptly inform the reporter of the results of the handling.
Relevant departments should keep complaints and informants confidential.
Article 54: Consumer associations and other consumer organizations shall conduct social supervision in accordance with the law on behaviors that violate the provisions of this law, publish false advertisements that infringe upon the legitimate rights and interests of consumers, and other behaviors that harm the public interest.
Article 55 Whoever violates the provisions of this Law by publishing false advertisements shall be ordered by the market supervision and administration department to stop publishing advertisements, and the advertiser shall be ordered to eliminate the impact within the corresponding scope. A fine of three to five times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are significantly lower, a fine of not less than 200000 yuan but not more than one million yuan shall be imposed; If there are three or more 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 significantly lower, a fine of one million to two million yuan shall be imposed, and the relevant departments may suspend the advertising distribution business and revoke the business license. Advertisers, advertising operators, and advertising publishers who commit the acts specified in the first and third paragraphs of this article, which constitute a crime, shall be held criminally responsible in accordance with the law.
Article 56: If a person violates the provisions of this Law by publishing false advertisements, deceiving or misleading consumers, and causing damage to the legitimate rights and interests of consumers who purchase goods or receive services, the advertiser shall bear civil liability in accordance with the law. If advertising operators or publishers cannot provide the real name, address, and effective contact information of advertisers, consumers can demand that advertising operators or publishers compensate in advance.
If false advertising of goods or services related to consumers' life and health causes harm to consumers, the advertising operator, publisher, and spokesperson shall bear joint and several liability with the advertiser.
If false advertising of goods or services other than those specified in the preceding paragraph causes harm to consumers, the advertising operator, publisher, or spokesperson who knowingly or should have known that the advertisement is false still designs, produces, acts as an agent, publishes, recommends, or proves it shall bear high liability with the advertiser.
Article 57: If any of the following acts are committed, the market supervision and administration department shall order the cessation of advertising and impose a fine of not less than 200000 yuan but not more than 1 million yuan on the advertiser. If the circumstances are serious, the business license may be revoked, and the advertising review authority shall revoke the advertising review approval document and not accept the advertising review application within one year; For advertising operators and publishers, the market supervision and management department shall confiscate advertising expenses and impose a fine of not less than 200000 yuan but not more than 1 million yuan. If the circumstances are serious, the business license may also be revoked:
（1） Publishing advertisements that fall under the prohibited circumstances stipulated in Articles 9 and 10 of this Law;
（2） Violating Article 15 of this Law by publishing advertisements for prescription drugs, pharmaceutical precursor chemicals, medical devices and treatment methods for drug rehabilitation;
（3） Violating Article 20 of this Law by publishing advertisements for infant dairy products, beverages, and other food products claiming to replace breast milk in whole or in part;
（4） Publishing tobacco advertisements in violation of Article 22 of this Law;
（5） Violating Article 37 of this Law by using advertising to promote products or services prohibited from production or sale, or goods or services prohibited from advertising;
（6） Violating the provisions of Article 40, Paragraph 1 of this Law by publishing medical, pharmaceutical, health food, medical equipment, cosmetics, alcoholic beverages, beauty advertisements on mass media targeting minors, as well as online game advertisements that are detrimental to the physical and mental health of minors.
Article 58: If any of the following behaviors are committed, the market supervision and administration department shall order the cessation of advertising, order the advertiser to eliminate the impact within the corresponding scope, and impose a fine of not less than one time but not more than three times the advertising expenses. If the advertising expenses cannot be calculated or are significantly low, a fine of not less than 100000 yuan but not more than 200000 yuan shall be imposed; For serious cases, a fine of not less than three times but not more than five times the advertising expenses shall be imposed. For cases where the advertising expenses cannot be calculated or are significantly lower, a fine of not less than 200000 yuan but not more than one million yuan shall be imposed. The business license may be revoked, and the advertising review approval document shall be revoked by the advertising review authority. The advertising review application shall not be accepted within one year
（1） Publishing advertisements for medical treatment, drugs, and medical devices in violation of Article 16 of this Law;
（2） Violating Article 17 of this Law by involving disease treatment functions in advertisements, as well as using medical language or language that can easily confuse the promoted goods with drugs or medical devices;
（3） Publishing health food advertisements in violation of Article 18 of this Law;
（4） Publishing advertisements for pesticides, veterinary drugs, feed, and feed additives in violation of Article 21 of this Law;
（5） Publishing alcohol advertisements in violation of Article 23 of this Law;
（6） Publishing education and training advertisements in violation of Article 24 of this Law;
（7） Publishing advertisements for goods or services with expected investment returns, such as investment promotion, in violation of Article 25 of this Law;
（8） Publishing real estate advertisements in violation of Article 26 of this Law;
（9） Publishing advertisements for crop seeds, forest seeds, grass seeds, livestock and poultry, aquatic seedlings, and breeding in violation of Article 27 of this Law;
（10） Violating the provisions of Article 38, paragraph 2 of this Law by using minors under the age of ten as advertising spokespersons;
（11） Violating the provisions of Article 38, paragraph 3 of this Law by using natural persons, legal persons or other organizations as advertising spokespersons;
（12） Violating Article 39 of this Law by publishing advertisements in primary and secondary schools, kindergartens, or using items related to primary and secondary school students or young children;
（13） Anyone who violates the provisions of Article 40, paragraph 2 of this Law by publishing advertisements for goods or services targeting minors under the age of fourteen shall:
（14） Publishing advertisements without examination in violation of Article 46 of this Law.
If a medical institution commits an illegal act as stipulated in the preceding paragraph, and the circumstances are serious, in addition to being punished by the market supervision and management department in accordance with this Law, the health administrative department may revoke the diagnosis and treatment subject or revoke the medical institution's practice license.
If advertising operators or publishers knowingly or should have known of illegal acts as stipulated in the first paragraph of this article but still design, produce, act as agents, or publish, the market supervision and management department shall confiscate the advertising expenses and impose a fine of not less than one time but not more than three times the advertising expenses. If the advertising expenses cannot be calculated or are significantly lower, a fine of not less than 100000 yuan but not more than 200000 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 significantly lower, a fine of not less than 200000 yuan but not more than one million yuan shall be imposed, and the relevant departments may suspend the advertising publishing business and revoke the business license.
Article 59: If any of the following behaviors are committed, the market supervision and administration department shall order the cessation of advertising and impose a fine of up to 100000 yuan on the advertiser:
（1） Advertising content that violates the provisions of Article 8 of this Law;
（2） The content cited 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） Violating Article 13 of this Law by advertising that belittles the goods or services of other producers and operators. Advertising operators and publishers who knowingly or should have known of illegal acts as stipulated in the preceding paragraph but still design, produce, act as agents, or publish shall be fined up to 100000 yuan by the market supervision and management department.
If an advertisement violates the provisions of Article 14 of this Law, lacks recognizability, or violates the provisions of Article 19 of this Law by publishing medical, pharmaceutical, medical device, or health food advertisements in disguised form, the market supervision and administration department shall order it to rectify and impose a fine of not more than 100000 yuan on the advertiser.
Article 60: If an advertising operator or publisher violates the provisions of Article 34 of this Law by failing to establish and improve the advertising business management system in accordance with relevant national regulations, or by failing to verify the content of advertisements, the market supervision and administration department shall order them to make corrections and may impose a fine of up to 50000 yuan. If an advertising operator or publisher violates the provisions of Article 35 of this Law by failing to disclose their fee standards and methods, the pricing authority shall order them to make corrections and may impose a fine of up to 50000 yuan.
Article 61: If an advertising spokesperson falls under any of the following circumstances, the market supervision and administration department shall confiscate the illegal gains and impose a fine of not less than one time but not more than two times the illegal gains:
（1） Violating the provisions of Article 16, Paragraph 1, Item 4 of this Law by making recommendations or certifications in advertisements for medical treatment, drugs, or medical devices;
（2） Violating the provisions of Article 18, Paragraph 1, Item 5 of this Law by making recommendations or certifications in health food advertisements;
（3） Those who violate the provisions of Article 38, paragraph 1 of this Law by recommending or proving goods or services that they have not used or received before;
（4） Knowingly or should have known that the advertisement is false, yet still recommends or proves goods or services in the advertisement.
Article 62: If an advertisement is sent in violation of the provisions of Article 43 of this Law, the relevant department shall order the cessation of the illegal act and impose a fine of not less than 5000 yuan but not more than 30000 yuan on the advertiser.
Those who, in violation of the provisions of the second paragraph of Article 44 of this Law, publish advertisements on the Internet without clearly indicating the closing sign, and ensure the one click closing, shall be ordered by the market supervision and administration department to make corrections, and the advertisers shall be fined not less than 5000 yuan but not more than 30000 yuan.
Article 63 If, in violation of the provisions of Article 45 of this Law, the administrator of public places, telecommunications business operator or Internet information service provider knows or should know that advertising activities are illegal and will not be stopped, the market supervision and administration department shall confiscate the illegal income. If the illegal income is more than 10000 yuan, a fine of not less than one time but not more than three times the illegal income shall also be imposed. If the illegal income is less than 50000 yuan, a fine of not less than 10000 yuan but not more than 50000 yuan shall also be imposed; If the circumstances are serious, the relevant departments shall suspend the relevant business in accordance with the law.
Article 64: If an applicant violates the provisions of this Law by concealing true information or providing false materials to apply for advertising review, the advertising review authority shall not accept or approve the application, give a warning, and not accept the applicant's advertising review application within one year; If an applicant obtains advertising review approval through deception, bribery or other improper means, the advertising review authority shall revoke it and impose a fine of not less than 100000 yuan but not more than 200000 yuan. The applicant's advertising review application shall not be accepted within three years.
Article 65: Those who violate the provisions of this Law by forging, altering, or transferring advertising review and approval documents shall have their illegal gains confiscated by the market supervision and administration department and be fined not less than 10000 yuan but not more than 100000 yuan.
Article 66: Those who engage in illegal activities as stipulated in this Law shall be recorded in their credit files by the market supervision and administration department and publicly announced in accordance with relevant laws and administrative regulations.
Article 67: If a radio station, television station, or audio-visual publishing unit publishes illegal advertisements, or publishes advertisements in disguised form in the form of news reports, or publishes advertisements for medical, pharmaceutical, medical equipment, or health food in disguised form by introducing health and wellness knowledge, and the market supervision and management department imposes penalties in accordance with this Law, it shall notify the competent departments of news publishing, radio and television, and other relevant departments. The competent departments of news publishing, broadcasting and television, as well as other relevant departments, shall impose sanctions on the responsible supervisors and directly responsible personnel in accordance with the law; If the circumstances are serious, the media's advertising publishing business may be suspended. If the competent authorities of news and publishing, broadcasting and television, and other relevant departments fail to handle broadcasting stations, television stations, and audio-visual publishing units in accordance with the provisions of the preceding paragraph, the responsible supervisors and directly responsible personnel shall be punished in accordance with the law.
Article 68: Advertisers, advertising operators, and advertising publishers who violate the provisions of this Law and commit any of the following acts of infringement shall bear civil liability in accordance with the law:
（1） Harming the physical and mental health of minors or disabled persons in advertisements;
（2） Counterfeiting someone else's patent;
（3） Defamating the goods and services of other producers and operators;
（4） Using someone else's name or image in advertisements without consent;
（5） Other violations of the legitimate civil rights and interests of others.
Article 69: If the legal representative of a company or enterprise whose business license has been revoked due to the publication of false advertisements or other illegal acts as stipulated in this Law is personally responsible for the illegal acts, he shall not serve as a director, supervisor, or senior management personnel of the company or enterprise for three years from the date of revocation of the business license.
Article 70: Those who violate the provisions of this Law by refusing or obstructing the supervision and inspection of market supervision and management departments, or committing other acts that constitute a violation of public security management, shall be subject to public security management penalties in accordance with the law; Those who commit crimes shall be held criminally responsible in accordance with the law.
Article 71: If the advertising review authority makes a review and approval decision on illegal advertising content, the responsible supervisors and directly responsible personnel shall be punished by the appointment and removal authority or the supervisory authority in accordance with the law; Those who commit crimes shall be held criminally responsible in accordance with the law.
Article 72: If the market supervision and administration department fails to investigate and punish illegal advertising behaviors discovered in the performance of advertising monitoring duties or illegal advertising behaviors reported or complained about, the responsible supervisors and directly responsible personnel shall be punished in accordance with the law. Employees of market supervision and management departments and relevant departments responsible for advertising management who neglect their duties, abuse their power, or engage in favoritism and fraud shall be punished in accordance with the law.
If the first two acts constitute a crime, criminal responsibility shall be pursued in accordance with the law.
Article 73: The state encourages and supports the development of public service advertising activities, disseminates socialist core values, and advocates civilized customs. The mass media has an obligation to publish public service advertisements. Radio stations, television stations, and newspaper publishing units shall publish public service advertisements according to the prescribed layout, time slots, and duration. The management measures for public service advertisements shall be formulated by the market supervision and administration department of the State Council in conjunction with relevant departments
ITIS Packaging is one of the top ten paper packaging and printing enterprises in China. We have always been the most steadfast enforcers of various laws and regulations in the industry. And advertising laws are closely related to our paper printing and packaging industry. Every word, pattern, trademark, etc. printed on the customized cardboard packaging of our customers will be related to laws and regulations. The above are various introductions about China's advertising law, which I believe can help many clients to apply related business in China.
