Advertising Law of the People's Republic of China

Advertisement Law of the People's Republic of China

Order of the President [1994] No. 34

October 27, 1994

Adopted at the 10th Session of the Standing Committee of the Eighth National People's Congress on 27 Oct., 1994.

Chapter I General Provisions
　
Article 1 This Law is formulated for the purposes of regulating the advertisement activities, promoting the sound and healthy development of the advertisement industry, protecting the legitimate rights and interests of consumers, safeguarding the social and economic order and giving full play to the positive role of advertisement in the socialist market economy.
　
Article 2 Advertisers, advertisement agents and advertisement publishers shall abide by this Law while engaging in advertisement activities within the territory of the People's Republic of China.
For the purpose of this Law, the term "advertisement" means commercial advertisements that publicize, directly or indirectly and through certain media or forms, some kinds of commodities or services at the expenses of the suppliers of the commodities or services.
For the purpose of this Law, the term "advertiser" means a legal person, other economic organization or an individual that designs, produces and publishes advertisements by itself or through an entrustment to promote their goods or services.
For the purpose of this Law, the term "advertisement agent" means a legal person, other economic organization or an individual that provides services of advertisement designing and production or other related services on a commission basis.
For the purpose of this Law, the term "advertisement publisher" means a legal person or other economic organization that publishes advertisements for advertisers or for advertisement agents entrusted by advertisers.)>
　
Article 5 Advertisers, advertisement agents and advertisement publishers shall abide by the laws, administrative regulations and comply with the principles of fairness, honesty and good faith in their advertisement activities.
　
Article 6 Administrations for industry and commerce of the people's governments above the county level shall administer and supervise the activities of advertisement.

Chapter II Guiding Principles For Advertisement
　
Article 7 Contents of advertisements shall be good for the physical and mental health of the people, be conducive to promoting the quality of commodities or services, protecting the legitimate rights and interests of consumers, and shall conform to the social, public and professional ethics and safeguard the dignity and interests of the State.
No advertisement may involve any of the following acts:
1. using the national flag, national emblem and national anthem of the People's Republic of China;
2. using the names of government organs or government functionaries;
3. containing such words as national level, the highest grade or the best etc.;
4. compromising social stability, personal and property safety or social public interests;
5. compromising public order and good social conventions;
6. containing obscene, superstitious, terrorizing, violent or evil content;
7. containing ethnic, racial, religious or sex discrimination content;
8. compromising the protection of the environment or natural resources; and
9. other conditions that are forbidden by laws and administrative regulations.)>
　
Article 8 No advertisement may have any content that is harmful to the physical and mental health of minors or handicapped persons.
　
Article 9 An advertisement shall provide definite and clear functions, place of origin, purposes, quality, price, manufacturer, validity period or commitment of the commodities advertised or definite and clear contents, form, quality, price or commitment, if any, of the services advertised.
Whereas a gift is attached to the commodity or services advertised, the advertisement shall clearly define the kind and quality of the attached gift.
　
Article 10 Data, statistics, survey results, excerpts or quotations addressed in an advertisement shall be true and accurate, with the sources thereof clearly indicated.)>
　
Article 11 Where an advertisement involves patented products or patented methods, the patent number and patent category shall also be clearly indicated in the advertisement.
Where the commodity or service advertised by an advertisement has not be awarded with patent right, the advertisement shall not falsely claim that such patent right has been awarded.
It is prohibited to use any unapproved patent application or terminated, canceled or invalid patent in advertisement.)>
　
Article 13 An advertisement shall be readily recognizable as advertisement by the consumers.
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