Advertising Law of the People's Republic of China (Revised in 2015)

Advertising Law of the People's Republic of China (Revised in 2015)


Advertising Law of the People's Republic of China (Revised in 2015)

Order of the President of the People's Republic of China No.22

April 24, 2015

The Advertising Law of the People's Republic of China was revised and adopted at the 14th session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015, and the revised Advertising Law of the People's Republic of China is hereby issued and shall come into force as of September 1, 2015.

Xi Jinping, President of the People's Republic of China

Advertising Law of the People's Republic of China

(Adopted at the 10th session of the Standing Committee of the Eighth National People's Congress on October 27, 1994, and revised at the 14th session of the Standing Committee of the 12th National People's Congress on April 24, 2015)

Contents
Chapter I General Provisions
Chapter II Rules on Contents of Advertisements
Chapter III Regulation of Advertising Conduct
Chapter IV Supervision and Administration
Chapter V Legal Liability
Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 The Advertising Law of the People's Republic of China (hereinafter referred to as the "Law") is enacted with a view to regulating advertising activities, protecting the lawful rights and interests of consumers, promoting the healthy development of the advertising industry, and maintaining the socio-economic order.

Article 2 The Law applies to all commercial advertising activities for direct or indirect introduction of products or services promoted by product business operators or service providers via a certain medium and in a certain form within the territory of the People's Republic of China.
For the purpose of the Law, the term "advertiser" refers to any natural person, legal person or other organization that designs, produces,or publishes, or appoints others to design, produce, or publish an advertisement to promote his/her/its product or service.
For the purpose of the Law, the term "advertising agent" refers to any natural person, legal person or other organization that on a commission basis provides advertisement design or production service or agent service.
For the purpose of the Law, the term "advertisement publisher" refers to any natural person, legal person or other organization that publishes an advertisement for an advertiser or for an advertising agent commissioned by an advertiser.
For the purpose of the Law, the term "advertisement endorser" refers to any natural person, legal person or other organization other than an advertiser that uses his/her/its own name or image to make endorsements or testimonials for a product or service in an advertisement.

Article 3 An advertisement shall be true to facts and lawful, express the content advertised in a healthy form of representation, and comply with the requirements of socialist cultural and ideological development and the development of the good traditional culture of the Chinese nation.

Article 4 No advertisement shall contain any false or misleading information, and shall not deceive or mislead consumers.
Advertisers shall be held responsible for the authenticity of the contents of advertisements.

Article 67 Any illegal act as set out in the Law shall be recorded into the credit files by the industrial and commercial authorities, and be disclosed to the public in accordance with the provisions of the relevant laws and administrative provisions.

Article 68 Where radio stations, TV stations, or newspaper, periodical and audio-visual publishing entities publish illegal advertisements, or publish in disguise advertisements in the form of news report, or publish in disguise advertisements for medical treatment, pharmaceuticals, medical devices or healthcare food by introducing knowledge on health or health maintenance or by other ways, the industrial and commercial authorities shall impose upon them punishments pursuant to the Law, and shall notify the authorities of press, publication, radio and TV and other relevant authorities of the punishments.
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