Advertisement Law of the People's Republic of China

Advertisement Law of the People's Republic of China

(Adopted at the 10th Meeting of the Standing Committee of the Eighth National People's Congress on October 27, 1994 and amended at the 14th Meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2015, in accordance with the Decision on Amending Fifteen Laws including the Wildlife Protection Law of the People's Republic of China, adopted at the 6th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 26, 2018)

catalogue

Chapter I General Provisions
Chapter II Advertising Content Criteria
Chapter III Code of Advertising Conduct
Chapter IV Supervision and Administration
Chapter V Legal Liabilities
Chapter VI Supplementary Provisions

   Chapter I General Provisions

Article 1 This Law is formulated 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.
Article 2 This Law applies to commercial advertising activities conducted by commodity operators or service providers within the territory of the People's Republic of China that directly or indirectly introduce the commodities or services they promote through certain media and forms.
The term "advertiser" as used in this Law refers to a natural person, legal person or other organization that designs, produces and publishes advertisements on its own or on behalf of others for the purpose of promoting the sale of goods or services.
The term "advertising agents" as used in this Law refers to natural persons, legal persons or other organizations entrusted with providing advertising design, production and agency services.
The term "advertisement publisher" as used in this Law refers to a natural person, legal person or other organization that publishes advertisements for advertisers or advertising agents entrusted by advertisers.
The term "advertising spokesman" as used in this Law refers to a natural person, legal person or other organization, other than an advertiser, that recommends or certifies goods and services in its own name or image.
Article 3 An advertisement shall be true and lawful, and shall express its contents in a healthy form of expression, meeting the requirements of socialist spiritual civilization construction and the promotion of 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.
The advertiser shall be responsible for the authenticity of the advertising content.
Article 5 Advertisers, advertising agents and advertisement publishers shall abide by laws and regulations, be honest, trustworthy and fair in their advertising activities.
Article 6 The market supervision and administration department under the State Council shall be responsible for the supervision and administration of advertising throughout the country, and the relevant departments under the State Council shall be responsible for the relevant work of advertising administration within their respective functions and duties.
The local market supervision and administration departments at or above the county level shall be responsible for the supervision and administration of advertising in their respective administrative regions, 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 administration 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 self-discipline, promote the development of the industry, guide members to engage in advertising activities according to law, and promote the integrity construction of the advertising industry.

Chapter II Advertising Content Criteria

Article 8 Any advertisement that expresses the performance, function, place of origin, use, quality, composition, price, producer, term of validity, promise, etc. of a commodity or the content, provider, form, quality, price, promise, etc. of a service shall be accurate, clear and clear.
If an advertisement indicates that the goods or services to be promoted are accompanied by gifts, the type, specification, quantity, time limit and method of the goods or services to be accompanied by gifts shall be clearly indicated.
The contents that shall be clearly stated in advertisements as required by laws and administrative regulations shall be clearly and prominently stated.
Article 9 An advertisement shall not involve any of the following circumstances:
（1） Use or use in disguised form the National Flag, National Anthem, National Emblem, Military Flag, Military Anthem and Military Emblem of the People's Republic of China;
（2） Use or use in disguised form the name or image of state organs or state functionaries;
（3） Use such terms as "national level", "highest level" and "best";
（4） Damage the dignity or interests of the state and divulge state secrets;
（5） Obstructing social stability and harming social public interests;
（6） Endanger personal and property safety and divulge personal privacy;
（7） Obstructing public order or violating good social customs;
（8） Content containing obscenity, pornography, gambling, superstition, terror and violence;
（9） Contents containing ethnic, racial, religious and gender discrimination;
（10） Hindering the protection of the environment, natural resources or cultural heritage;
（11） 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 administrative license is required for the matters involved in an advertisement, it shall be consistent with the content of the license.
If an advertisement uses data, statistics, survey results, abstracts, quotations and other quotation content, it shall be true and accurate, and the source shall be indicated. The scope of application and period of validity of the quotation shall be clearly stated.
Article 12 Where an advertisement involves patented products or patented methods, the patent number and patent category shall be indicated.
Those who have not obtained patent rights shall not falsely claim to have obtained patent rights in advertisements.
It is prohibited to use patent applications that have not been granted patent rights or patents that have been terminated, revoked or invalid for advertising.
Article 13 An advertisement shall not disparage the goods or services of other producers or operators.
Article 14 An advertisement shall be recognizable, enabling consumers to identify it as an advertisement.
The mass media shall not publish advertisements in disguised form in the form of news reports. Advertisements published through mass media shall be clearly marked with "advertisement" to distinguish them from other non advertising information, and shall not mislead consumers.
When broadcasting advertisements, 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 shall give clear indications of the length of advertisements.
Article 15 No advertising is allowed for narcotics, psychotropic substances, toxic drugs for medical use, radioactive drugs and other special drugs, pharmaceutical precursor chemicals, and drugs, medical instruments and treatment methods for drug rehabilitation.
Prescription drugs other than those specified in the preceding paragraph can only be advertised in medical and pharmaceutical journals jointly designated by the health administration department and the drug regulatory department under the State Council.
Article 16 Advertisements for medical treatment, drugs and medical instruments shall not contain the following contents:
（1） Assertions or guarantees of efficacy and safety;
（2） Explain the cure rate or effective rate;
（3） Comparison with the efficacy and safety of other drugs and medical devices or other medical institutions;
（4） Use advertising spokesmen to recommend and prove;
（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 regulatory department under the State Council, and shall clearly indicate taboos and adverse reactions. Prescription drug advertisements shall clearly indicate "This advertisement is only for medical pharmacy professionals to read", and non prescription drug advertisements shall clearly indicate "Please purchase and use according to the drug instructions or under the guidance of pharmacists".
The advertisement of medical devices recommended for personal use shall clearly indicate "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 "See the instructions for details of taboo contents or precautions".
Article 17 Except for the advertisements for medical treatment, drugs and medical devices, it is prohibited 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 the commodities being marketed with drugs and medical devices.
Article 18 Health food advertisements shall not contain the following contents:
（1） Assertions or guarantees of efficacy and safety;
（2） Involved in disease prevention and treatment;
（3） Claiming or implying that the advertised goods are necessary for health protection;
（4） Compare with drugs and other health food;
（5） Use advertising spokesmen to recommend and prove;
（6） Other contents prohibited by laws and administrative regulations.
The advertisement of health food should clearly indicate that "this product cannot replace medicine".
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 in mass media or public places for infant dairy products, beverages and other foods that claim to replace breast milk in whole or in part.
Article 21 Advertisements for pesticides, veterinary drugs, feeds and feed additives shall not contain the following contents:
（1） Assertions or guarantees of efficacy and safety;
（2） Use the name or image of scientific research institutions, academic institutions, technology promotion institutions, industry associations or professionals and users to make recommendations and certificates;
（3） Explain efficiency;
（4） The words, language or pictures that violate the rules for safe use;
（5） Other contents prohibited by laws and administrative regulations.
Article 22 It is prohibited to publish tobacco advertisements in mass media or in public places, public transport vehicles or outdoors. It is prohibited to send tobacco advertisements in any form to minors.
It is prohibited to use advertisements and public service advertisements of other goods or services to publicize the name, trademark, package, decoration and similar contents of tobacco products.
The notice of relocation, renaming, recruitment, etc. issued by a producer or seller of tobacco products shall not contain the name, trademark, package, decoration, or similar contents of tobacco products.
Article 23 Alcohol advertisements shall not contain the following contents:
（1） Induce or encourage drinking or promote excessive drinking;
（2） The act of drinking;
（3） Show driving car, boat, airplane and other activities;
（4） Explicitly or implicitly, drinking can eliminate tension and anxiety and increase physical strength.

Article 24 Advertisements for education and training shall not contain the following contents:
（1） Make an express or implied guarantee commitment to entering a higher school, passing an examination, obtaining a degree or qualification certificate, or to the effect of education and training;
（2） Explicitly or impliedly involving relevant examination institutions or their staff and test proposition personnel in education and training;
（3） The names or images of scientific research institutions, academic institutions, educational institutions, industry associations, professionals and beneficiaries shall be used for recommendation and certification.
Article 25 Advertisements for goods or services with expected return on investment, such as investment promotion, shall give reasonable hints or warnings about possible risks and risk liability, and shall not contain the following contents:
（1） Make a guarantee commitment to the future effect, benefit or other relevant conditions, and express or imply the principle protection, risk free or benefit protection, unless otherwise specified by the state;
（2） The name or image of academic institutions, industry associations, professionals and beneficiaries shall be used for recommendation and certification.
Article 26 In real estate advertisements, the information about the sources of houses shall be true, and the area shall be indicated as the building area or the building area within the apartment, and shall not contain the following contents:
（1） Commitments for appreciation or return on investment;
（2） The project location is indicated by the time required for the project to reach a specific reference object;
（3） Violation of relevant state regulations on price control;
（4） To mislead and publicize the transportation, commercial, cultural and educational facilities and other municipal conditions under planning or construction.
Article 27 The statements in advertisements for crop seeds, tree seeds, grass seeds, breeding livestock and poultry, aquatic fry and seeds, and seed breeding in respect of variety names, production performance, growth or yield, quality, resistance, special use value, economic value, scope and conditions suitable for planting or breeding, shall be true, clear and clear, and shall not contain the following contents:
（1） Make scientifically unverifiable assertions;
（2） An assertion or guarantee of efficacy;
（3） Analyze and predict the economic benefits or make guarantee commitments;
（4） Use the name or image of scientific research institutions, academic institutions, technology promotion institutions, industry associations or professionals and users to make recommendations and certificates.
Article 28 An advertisement that deceives or misleads consumers with false or misleading contents constitutes a false advertisement.
In any of the following circumstances, an advertisement is false:
（1） Goods or services do not exist;
（2） Information such as the performance, function, origin, use, quality, specification, composition, price, producer, expiration date, sales status, and honor of a commodity, or information such as the content, provider, form, quality, price, sales status, and honor of a service, as well as information such as promises related to a commodity or service, 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 supporting materials;
（4） Fabricating the effect of using goods or receiving services;
（5） Other circumstances in which consumers are deceived or misled with false or misleading contents.

    Chapter III Code of Advertising Conduct

Article 29 Radio stations, television stations, newspapers and periodicals publishing units that engage in the business of advertising shall set up institutions specializing in advertising, equip them with the necessary personnel, have places and equipment suitable for advertising, and register advertising with the local market supervision and administration departments at or above the county level.
Article 30 In advertising activities, advertisers, advertising agents and advertisement publishers shall conclude written contracts according to law.
Article 31 Advertisers, advertising agents and advertisement publishers shall not engage in any form of unfair competition in advertising activities.
Article 32 When an advertiser entrusts to design, produce and publish advertisements, he shall entrust advertising agents and publishers with legal business qualifications.
Article 33 Where an advertiser or advertising agent uses the name or image of another person in an advertisement, he or she shall obtain his or her prior written consent; Where the name or image of a person without or with limited capacity for civil conduct is used, the written consent of his guardian shall be obtained in advance.
Article 34 Advertising agents and publishers shall, in accordance with the relevant provisions of the State, establish and improve the system for undertaking registration, examination and verification, and file management of advertising business.
Advertising agents and publishers shall, in accordance with laws and administrative regulations, examine relevant supporting documents and check the contents of advertisements. 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 such advertisements.
Article 35 Advertising agents and publishers shall publicize their charging standards and methods.
Article 36 The coverage rate, audience rating, click through rate, circulation and other information provided by advertisement publishers to advertisers and advertising agents shall be true.
Article 37 No unit or individual may design, produce, act as an agent for or publish advertisements for products or services that are prohibited from being produced or sold or services provided by laws and administrative regulations, as well as for goods or services that are prohibited from being advertised.
Article 38 When recommending and certifying commodities and services in an advertisement, an advertising spokesman shall be based on facts and conform to the provisions of this Law and relevant laws and administrative regulations, and shall not recommend or certify commodities or services that have not been used or accepted.
Minors under the age of 10 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 not been punished for three years may not use it as an advertising spokesman.
Article 39 Advertising activities shall not be carried out in primary and secondary schools and kindergartens, and advertisements shall not be published or disguised by using textbooks, teaching aids, exercise books, stationery, teaching aids, school uniforms, school buses, etc. of primary and secondary students and young children, except for public welfare advertisements.
Article 40 Advertisements for medical treatment, drugs, health food, medical devices, cosmetics, alcohol, beauty, and online game advertisements that are detrimental to the physical and mental health of minors shall not be published on the mass media targeted at minors.
Advertisements for goods or services of minors under the age of 14 shall not contain the following contents:
（1） Persuade their parents to purchase advertising goods or services;
（2） It may cause them to imitate unsafe behaviors.
Article 41 The local people's governments at or above the county level shall organize the relevant departments to strengthen the supervision and administration of the use of outdoor places, spaces and facilities to publish outdoor advertisements, and formulate plans for the installation of outdoor advertisements and safety requirements.
Measures for the administration of outdoor advertising shall be formulated by local regulations and local government rules.
Article 42 Under any of the following circumstances, outdoor advertisements shall not be set up:
（1） Using traffic safety facilities and traffic signs;
（2） Affecting the use of municipal public facilities, traffic safety facilities, traffic signs, fire fighting facilities and fire safety signs;
（3） Obstructing production or people's life and damaging the appearance of the city;
（4） It is set up in the construction control zone of state organs, cultural relics protection sites, scenic spots, etc., or in the areas where outdoor advertising is prohibited by local people's governments at or above the county level.
Article 43 No unit or individual may, without the consent or request of the parties concerned, send advertisements to their houses, means of transportation, etc., or send advertisements to them by electronic information.
If an advertisement is sent in the form of electronic information, the true identity and contact information of the sender shall be clearly indicated, and the recipient shall be provided with a way to refuse to continue receiving.
Article 44 The provisions of this Law shall apply to the use of the Internet in advertising activities.
The use of the Internet to publish and send advertisements shall not affect users' normal use of the Internet. Advertisements published on Internet pages in the form of pop ups shall be marked with a closing sign to ensure that they are closed with one click.
Article 45 The administrators of public places, telecommunications business operators and Internet information service providers shall stop them from using their 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 the publication of advertisements for medical treatment, drugs, medical devices, pesticides, veterinary drugs and health food, as well as other advertisements that should be examined according to laws and administrative regulations, the relevant departments (hereinafter referred to as advertising examination organs) should examine the contents of advertisements; It shall not be released without review.
Article 47 When applying for examination of advertisements, an advertiser shall, in accordance with laws and administrative regulations, submit relevant supporting documents to the advertising examination authorities.
The advertising examination organ shall make an examination decision in accordance with the provisions of laws and administrative regulations, and shall copy the examination and approval documents to the market supervision and administration department at the same level. Advertising examination organs shall publish the approved advertisements to the public in a timely manner.
Article 48 No unit or individual may forge, alter or transfer the documents of examination and approval for advertisements.
Article 49 The market supervision and administration department may exercise the following functions and powers when performing its duties of advertising supervision and administration:
（1） Conduct on-site inspection on sites suspected of engaging in illegal advertising activities;
（2） Inquire the parties suspected of violating the law or their legal representatives, main responsible persons and other relevant personnel, and investigate the relevant units or individuals;
（3） Require the party suspected of violating the law to provide relevant supporting documents within a time limit;
（4） Consulting and copying contracts, bills, account books, advertising works and other relevant materials related to suspected illegal advertisements;
（5） Seize and detain the advertising articles, business tools, equipment and other properties directly related to the suspected illegal advertising;
（6） Order to suspend the publication of suspected illegal advertisements that may cause serious consequences;
（7） Other functions and powers stipulated by laws and administrative regulations.
The market supervision and administration department shall establish and improve the advertising monitoring system, improve the monitoring measures, and timely discover and investigate illegal advertising acts according to law.
Article 50 The market supervision and administration department under the State Council shall, together with the relevant departments under the State Council, formulate codes of conduct for mass media advertising.
Article 51 The market supervision and administration department shall exercise 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.
Article 52 The market supervision and administration departments, relevant departments and their staff members shall have the obligation to keep confidential the trade secrets they have learned in the advertising supervision and administration activities.
Article 53 Any unit or individual shall have the right to make complaints and report violations of this Law to the market supervision and administration department and relevant departments. The market supervision and administration department and the relevant departments shall disclose to the public the telephone, mailbox or e-mail address for accepting complaints and reports. The department receiving the complaints and reports shall deal with the complaints and inform the complainants and informants within seven working days from the date of receiving the complaints.
Any unit or individual has the right to report to its superior organ or supervisory organ if the market supervision and administration department or relevant department fails to perform its duties according to law. The organ that receives the report shall deal with it according to law and inform the informant of the result in a timely manner.
The relevant departments shall keep the complaints and informants confidential.
Article 54 Consumer associations and other consumer organizations shall, in accordance with the law, exercise social supervision over acts that violate the provisions of this Law, publish false advertisements, infringe upon the legitimate rights and interests of consumers, or harm the social and public interests.

Chapter V Legal Liabilities

Article 55 If anyone, in violation of the provisions of this Law, publishes false advertisements, the market supervision and administration department shall order him to stop publishing advertisements, order the advertisers to eliminate the influence within the corresponding scope, 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 not less than 200000 yuan but not more than one million 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 one million yuan but not more than two million yuan shall be imposed. The business license may be revoked, and the advertising examination and approval documents shall be revoked by the advertising examination authority, and the advertising examination and approval application shall not be accepted within one year.
If a medical institution commits an illegal act as prescribed in the preceding paragraph and the circumstances are serious, the administrative department of public health may revoke the subject of diagnosis and treatment or revoke the practice license of the medical institution, in addition to being punished by the market supervision and administration department in accordance with this Law.
If an advertising agent or publisher knows or should know that an advertisement is false but still designs, produces, acts as an agent or publishes it, the market supervision and administration department 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 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 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 one million yuan but not more than two million yuan shall be imposed. In addition, the relevant departments may suspend the advertising business, revoke the business license, and revoke the registration certificate for advertising.
If an advertiser, advertising agent or advertisement publisher commits any of the acts specified in the first and third paragraphs of this article, which constitutes a crime, criminal responsibility shall be investigated according to law.
Article 56 Advertisers who, in violation of the provisions of this Law, publish false advertisements to deceive or mislead consumers, thus harming the legitimate rights and interests of consumers who purchase commodities or receive services, shall bear civil liability according to law. If an advertising agent or advertisement publisher cannot provide the true name, address and effective contact information of the advertiser, consumers may demand that the advertising agent or advertisement publisher make compensation in advance.
Where false advertisements of goods or services that concern the life and health of consumers cause damage to consumers, their advertising agents, advertising publishers and advertising spokespersons shall bear joint and several liabilities with the advertisers.
If false advertisements for goods or services other than those specified in the preceding paragraph cause damage to consumers, their advertising agents, advertisement publishers or advertising spokespersons who design, produce, act as agents for, publish or recommend or certify advertisements knowing or should know that they are false shall bear joint and several liabilities with the advertisers.
Article 57 Any person who commits one of the following acts shall be ordered by the market supervision and administration department to stop publishing advertisements, and the advertiser shall be fined not less than 200000 yuan but not more than 1 million yuan. If the circumstances are serious, his business license may also be revoked, and the advertising examination and approval documents shall be revoked by the advertising examination organ, and his application for advertising examination shall not be accepted within one year; For advertising agents and publishers, the market supervision and administration department shall confiscate the 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 and the registration certificate of advertising publication may be revoked:
（1） Publishing advertisements prohibited by Articles 9 and 10 of this Law;
（2） In violation of the provisions of Article 15 of this Law, advertisements for prescription drugs, advertisements for pharmaceutical precursor chemicals, and advertisements for medical devices and methods for drug treatment are published;
（3） In violation of the provisions of Article 20 of this Law, advertising baby milk products, beverages and other foods that claim to replace breast milk in whole or in part;
（4） Publishing tobacco advertisements in violation of the provisions of Article 22 of this Law;
（5） Those who, in violation of the provisions of Article 37 of this Law, use advertisements to promote products or services that are prohibited from being produced or sold, or goods or services that are prohibited from being advertised;
（6） In violation of the provisions of the first paragraph of Article 40 of this Law, advertisements for medical treatment, drugs, health food, medical devices, cosmetics, alcohol, beauty, and online game advertisements that are not conducive to the physical and mental health of minors are published on the mass media targeted at minors.
Article 58 In case of any of the following acts, the market supervision and administration department shall order to stop publishing advertisements, order the advertisers to eliminate the influence 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 obviously low, 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 obviously low, a fine of not less than 200000 yuan but not more than 1 million yuan shall be imposed. The business license may be revoked, and the advertising examination and approval documents shall be revoked by the advertising examination authorities, and their applications for advertising examination shall not be accepted within one year:
（1） Publishing advertisements for medical treatment, drugs and medical instruments in violation of the provisions of Article 16 of this Law;
（2） In violation of the provisions of Article 17 of this law, the advertisement involves the function of disease treatment, and uses medical terms or terms that easily confuse the commodities to be marketed with drugs and medical instruments;
（3） Publishing advertisements for health food in violation of the provisions of Article 18 of this Law;
（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;
（6） Publishing advertisements for education and training in violation of the provisions of Article 24 of this Law;
（7） Publishing advertisements for goods or services with expected return on investment, such as investment promotion, in violation of the provisions of Article 25 of this Law;
（8） Publishing real estate advertisements in violation of the provisions of Article 26 of this Law;
（9） Publishing advertisements for crop seeds, forest tree seeds, grass seeds, breeding livestock and poultry, aquatic fry and seeds, and breeding and breeding in violation of the provisions of Article 27 of this Law;
（10） In violation of the provisions of the second paragraph of Article 38 of this Law, using minors under the age of 10 as advertising spokespersons;
（11） Violating the provisions of the third paragraph of Article 38 of this Law by using natural persons, legal persons or other organizations as advertising spokespersons;
（12） In violation of the provisions of Article 39 of this Law, publishing advertisements in primary and secondary schools or kindergartens or using articles related to primary and secondary students and young children;
（13） In violation of the provisions of the second paragraph of Article 40 of this Law, advertising commodities or services for minors under the age of 14;
（14） Publishing advertisements without examination in violation of the provisions of Article 46 of this Law.
If a medical institution commits an illegal act as prescribed in the preceding paragraph and the circumstances are serious, the administrative department of public health may revoke the subject of diagnosis and treatment or revoke the practice license of the medical institution, in addition to being punished by the market supervision and administration department in accordance with this Law.
If an advertising agent or advertisement publisher still designs, produces, acts as an agent or publishes the advertisements even though he knows or should know that he has committed an illegal act as prescribed in the first paragraph of this article, the market supervision and administration 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 obviously low, 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 obviously low, a fine of not less than 200000 yuan but not more than 1 million yuan shall be imposed; and the relevant departments may suspend the advertising publishing business, revoke the business license, and revoke the advertising distribution registration certificate.
Article 59 Any person who commits one of the following acts shall be ordered by the market supervision and administration department to stop publishing advertisements, and the advertiser shall be fined not more than 100000 yuan:
（1） The content of an advertisement violates the provisions of Article 8 of this Law;
（2） The contents quoted in an advertisement violate 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, advertising belittles the goods or services of other producers or operators.
If an advertising agent or advertisement publisher designs, produces, acts as an agent or publishes an advertisement even though he knows or should know that he has committed the illegal act specified in the preceding paragraph, the market supervision and administration department shall impose a fine of not more than 100000 yuan.
If an advertisement violates the provisions of Article 14 of this law and is not identifiable, or violates the provisions of Article 19 of this law by publishing advertisements for medical treatment, drugs, medical devices, and health food in disguised form, the market supervision and administration department shall order it to make corrections and impose a fine of not more than 100000 yuan on the advertisement publisher.
Article 60 If, in violation of the provisions of Article 29 of this Law, radio stations, television stations, newspapers and periodicals publishing units engage in advertising publishing business without going through the registration procedures for advertising publishing, the market supervision and administration departments shall order them to make corrections, confiscate the illegal gains, and impose a fine of not less than one time but not more than three times the illegal gains if the illegal gains are more than 10000 yuan; If the illegal gains are less than 10000 yuan, a fine of not less than 5000 yuan but not more than 30000 yuan shall also be imposed.
Article 61 If an advertising agent or advertisement publisher, in violation of the provisions of Article 34 of this Law, fails to establish and improve the advertising business management system in accordance with the relevant provisions of the State, or fails to check the advertising content, the market supervision and administration department shall order it to make corrections and may impose a fine of not more than 50000 yuan.
If an advertising agent or advertisement publisher, in violation of the provisions of Article 35 of this Law, fails to publish its charging standards and methods, the competent pricing department shall order it to make corrections and may impose a fine of not more than 50000 yuan.
Article 62 Where an advertising spokesman is under any of the following circumstances, the market supervision and administration department shall confiscate the illegal income and impose a fine of not less than one time but not more than two times the illegal income:
（1） Those who, in violation of the provisions of Item 4 of Paragraph 1 of Article 16 of this Law, make recommendations or certificates in the advertisements for medical treatment, drugs or medical devices;
（2） Those who, in violation of the provisions of Item 5 of the first paragraph of Article 18 of this Law, recommend or certify health food in advertisements;
（3） Those who, in violation of the provisions of the first paragraph of Article 38 of this Law, recommend or certify commodities or services that have not been used by them;
（4） Recommending or proving goods and services in advertisements, knowing or should know that advertisements are false.
Article 63 Where an advertiser sends advertisements in violation of the provisions of Article 43 of this Law, the relevant department shall order him to stop the illegal act and impose a fine of not less than 5000 yuan but not more than 30000 yuan on the advertiser.
If anyone, in violation of the provisions of the second paragraph of Article 44 of this Law, uses the Internet to publish advertisements without clearly indicating the sign of closure to ensure one click closure, the market supervision and administration department shall order him to make corrections and impose a fine of not less than 5000 yuan but not more than 30000 yuan on the advertiser.
Article 64 If, in violation of the provisions of Article 45 of this Law, managers of public places, telecommunications business operators and Internet information service providers know 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 50000 yuan, they shall also be fined not less than one time but not more than three times the illegal income. If the illegal income is less than 50000 yuan, And a fine of not less than 10000 yuan but not more than 50000 yuan; If the circumstances are serious, the relevant departments shall stop relevant business according to law.
Article 65 If anyone, in violation of the provisions of this Law, conceals the truth or provides false materials to apply for advertising examination, the advertising examination organ shall not accept or approve the application, give a warning, and shall not accept the applicant's application for advertising examination within one year; If an applicant obtains approval for advertising examination by cheating, bribery or other improper means, the advertising examination authority shall revoke the application, impose a fine of not less than 100000 yuan but not more than 200000 yuan, and reject the applicant's application for advertising examination within three years.
Article 66 Where anyone, in violation of the provisions of this Law, forges, alters or transfers the documents of examination and approval for advertisements, the market supervision and administration department shall confiscate the illegal gains and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 67 Anyone who commits an illegal act as prescribed in this Law shall be recorded in the credit file by the market supervision and administration department and publicized in accordance with the provisions of relevant laws and administrative regulations.
Article 68 Where a radio station, television station, newspaper and audio-visual publishing unit issues illegal advertisements, or issues advertisements in disguised form in the form of news reports, or issues advertisements in disguised form for medical treatment, drugs, medical devices, and health food in the form of introducing health and health preserving knowledge, the market supervision and administration department shall notify the competent departments of press and publication, radio and television, and other relevant departments if they impose a penalty in accordance with this Law. The competent departments of press and publication, radio and television and other relevant departments shall, according to law, impose sanctions on the persons in charge who are responsible and the persons who are directly responsible; If the circumstances are serious, the advertising business of the media may be suspended.
If the departments in charge of press and publication, radio and television and other relevant departments fail to deal with radio stations, television stations, newspapers, audio-visual publishing units in accordance with the provisions of the preceding paragraph, the persons in charge who are responsible and the persons who are directly responsible shall be punished according to law.
Article 69 Advertisers, advertising agents and advertisement publishers who, in violation of the provisions of this Law, commit one of the following acts of infringement shall bear civil liability according to law:
（1） Harming the physical and mental health of minors or disabled persons in advertisements;
（2） Counterfeiting another's patent;
（3） Belittling the goods and services of other producers and operators;
（4） Using another's name or image in an advertisement without permission;
（5） Other acts that infringe upon the lawful civil rights and interests of others.
Article 70 If the legal representative of a company or enterprise whose business license has been revoked due to the publication of false advertisements or other illegal acts as prescribed in this Law is personally responsible for the illegal acts, he shall not serve as a director, supervisor or senior manager of the company or enterprise within three years from the date of the revocation of the business license of the company or enterprise.
Article 71 Those who, in violation of the provisions of this Law, refuse or obstruct the supervision and inspection of the market supervision and administration department, or commit other acts that constitute violations of the administration of public security, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 72 Where an advertising examination organ makes an examination and approval decision on illegal advertising content, the responsible person in charge and the person directly responsible shall be punished by the appointment and removal organ or the supervisory organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 73 Where the market supervision and administration department fails to investigate and deal with the illegal advertising acts found in the performance of its advertising monitoring duties or the illegal advertising acts complained of or reported, the person in charge and the person directly responsible shall be punished according to law.
The staff of the market supervision and administration department and the relevant departments in charge of advertising management who neglect their duties, abuse their power, or engage in malpractices for personal gain shall be punished according to law.
If any of the acts mentioned in the preceding two paragraphs constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

  Article 74 The State encourages and supports the development of public service advertising campaigns, spreads socialist core values and advocates civilized practices.
The mass media have the obligation to publish public service advertisements. Radio stations, television stations, newspapers and periodicals publishing units shall publish public service advertisements in accordance with the prescribed space, time periods and duration. Measures for the administration of public service advertisements shall be formulated by the market supervision and administration department under the State Council in conjunction with other relevant departments.
Article 75 This Law shall come into force as of September 1, 2015.