Interim Measures for the Administration of Internet Advertising
Interim Measures for the Administration of Internet Advertising
Interim Measures for the Administration of Internet Advertising
Order of the State Administration for Industry and Commerce No.87
July 4, 2016
The Interim Measures for the Administration of Internet Advertising, which were adopted at the executive meeting of the State Administration for Industry and Commerce, are hereby promulgated and shall come into effect as of September 1, 2016.
Director General Zhang Mao
Interim Measures for the Administration of Internet Advertising
(Promulgated by Order of the State Administration for Industry and Commerce No.87 on July 4, 2016)
Article 1 These Measures are formulated in accordance with the Advertisement Law of the People's Republic of China (the "Advertisement Law") and other applicable laws and regulations in order to regulate Internet advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of the Internet advertisement industry and maintain a market economic order of fair competition.
Article 2 Advertising activities by means of the Internet are governed by the Advertisement Law and these Measures.
Article 3 For the purposes of these Measures, the term "Internet Advertisement" shall mean commercial advertisements that promote commodities or services, directly or indirectly, via Internet media such as websites, webpages and Internet application programs in the form of texts, pictures, audios, videos or other forms.
These Internet advertisements shall include:
1. advertisements that promote commodities or services in the form of texts, pictures, videos or other forms containing a link or links;
2. e-mail advertisements that promote commodities or services;
3. paid search advertisements that promote commodities or services;
4. advertisements contained in commercial presentations that promote commodities or services other than information whose presentation is required by laws, regulations or rules to be provided by an operator to consumers, in which case these laws, regulations or rules shall apply; and
5. other commercial advertisements that promote commodities or services via Internet media.
Article 4 Advertising industry associations are encouraged to establish their own industry standards according to laws, regulations, rules and articles of association to strengthen self-regulation of the industry, promote the development of the industry, guide their members to perform Internet advertising activities according to law and boost the credit building within the industry.
Article 5 No entity and individual shall design, produce, provide agency services or publish on the Internet any advertisement of commodities whose production or selling is prohibited or services whose provision is prohibited, or any commodities or services whose advertising is prohibited by laws or administrative decrees.
No entity and individual may publish any advertisement of prescription medicines or tobacco by means of the Internet.
Article 6 No advertisement of any medical treatment, medicines, foods for special medical purpose (FSMP), medical apparatuses, pesticides, veterinary medicines, dietary supplement or other special commodities or services which are subject to examination by an advertising examination authority as stipulated by laws and regulations shall be published unless it has passed such examination.
Article 7 An Internet advertisement shall be identifiable and clearly identified as an "advertisement" so that consumers will tell it is an advertisement.
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Order of the State Administration for Industry and Commerce No.87
July 4, 2016
The Interim Measures for the Administration of Internet Advertising, which were adopted at the executive meeting of the State Administration for Industry and Commerce, are hereby promulgated and shall come into effect as of September 1, 2016.
Director General Zhang Mao
Interim Measures for the Administration of Internet Advertising
(Promulgated by Order of the State Administration for Industry and Commerce No.87 on July 4, 2016)
Article 1 These Measures are formulated in accordance with the Advertisement Law of the People's Republic of China (the "Advertisement Law") and other applicable laws and regulations in order to regulate Internet advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of the Internet advertisement industry and maintain a market economic order of fair competition.
Article 2 Advertising activities by means of the Internet are governed by the Advertisement Law and these Measures.
Article 3 For the purposes of these Measures, the term "Internet Advertisement" shall mean commercial advertisements that promote commodities or services, directly or indirectly, via Internet media such as websites, webpages and Internet application programs in the form of texts, pictures, audios, videos or other forms.
These Internet advertisements shall include:
1. advertisements that promote commodities or services in the form of texts, pictures, videos or other forms containing a link or links;
2. e-mail advertisements that promote commodities or services;
3. paid search advertisements that promote commodities or services;
4. advertisements contained in commercial presentations that promote commodities or services other than information whose presentation is required by laws, regulations or rules to be provided by an operator to consumers, in which case these laws, regulations or rules shall apply; and
5. other commercial advertisements that promote commodities or services via Internet media.
Article 4 Advertising industry associations are encouraged to establish their own industry standards according to laws, regulations, rules and articles of association to strengthen self-regulation of the industry, promote the development of the industry, guide their members to perform Internet advertising activities according to law and boost the credit building within the industry.
Article 5 No entity and individual shall design, produce, provide agency services or publish on the Internet any advertisement of commodities whose production or selling is prohibited or services whose provision is prohibited, or any commodities or services whose advertising is prohibited by laws or administrative decrees.
No entity and individual may publish any advertisement of prescription medicines or tobacco by means of the Internet.
Article 6 No advertisement of any medical treatment, medicines, foods for special medical purpose (FSMP), medical apparatuses, pesticides, veterinary medicines, dietary supplement or other special commodities or services which are subject to examination by an advertising examination authority as stipulated by laws and regulations shall be published unless it has passed such examination.
Article 7 An Internet advertisement shall be identifiable and clearly identified as an "advertisement" so that consumers will tell it is an advertisement.
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