Chinese Advertising Law

8/7/2019 Chinese Advertising Law

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http://law.gaotai.gov.cn/englishlaw/article/2005-11-10/755-1.htm

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STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS

ADVERTISING LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted at the Standing Committee of the Eighth National People's Congress of the People's

Republic of China on October 27, 1994 to be put Into effect on February 1, 1995. )

CHAPTER ONE

GENERAL PROVISIONS

Article 1

The law is formulated to normalize the advertising business, promote sound development of

advertising, protect the legitimate rights and interests of consumers, safeguard the social and

economic order and to give full play to the positive role of advertising in the socialist market

economy.

Article 2

Advertisers, advertising agents and advertisement publishers shall abide by this law in

engaging in advertising business within the territory of the People's Republic of China.

The term "advertisement" used in this law refers to commercial ads that publicize, directly or

indirectly and through certain media or forms, some kind of commodities or services at the

expense of the suppliers of the commodities or services.

The term "advertiser" refers to a legal person, an economic organization or an individual that

designs, produces and publishes advertisements by one's own effort or others through an

entrustment in order to promote one's own sales of goods or services.

The term "advertising agent" refers to a legal person, an economic organization or an individual

that provides services in designing and producing advertisements or providing related serviceson the commissioned basis.

The term "advertisement publisher" refers to a legal person or an economic organization thatpublishes ads for advertisers or for advertising agents entrusted by advertisers.

Article 3The contents of an advertisement shall be true, lawful and conforming to the requirements inthe building of a socialist spiritual civilization.

Article 4Advertisements shall not resort to any falsehood to a deception or misleading to the consumers.


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Article 5

Advertisers, advertising agents and advertisement publishers shall abide by the laws,

administrative decrees and regulations and the principles of fairness, honesty and credit

worthiness in carrying out advertising activities.

Article 6Administrations for industry and commerce of the people's governments at and above the

county level shall administer and supervise over the activities of advertising.

CHAPTER TWO

GUIDING PRINCIPLES FOR ADVERTISING

Article 7

Contents of advertisements should be good for the physical and mental health of the people,

and be able to promote the quality of commodities or services, protect the legitimate rights and

interests of consumers, conform to the social, public and professional ethics and safeguard thedignity and interests of the State. An advertisement should not contain any of the following

contents:

1. National flag, national emblem and national anthem of the People's Republic of China;2. Names of government organs or government functionaries;

3. Words such as State level, highest level or the best etc.;

4. Anything that would be injurious to social stability, personal and property safety andsocial public interests;

5. Anything that would jeopardize social and public order and violate good socialconventions;

6. Contents that are obscene, superstitious, terrorizing, violent and evil;7. Contents that are discriminative against nationalities, races, religions and sex;8. Contents that are harmful to the protection of the environment or natural resources; and9. Other contents that are forbidden by laws and administrative decrees.

Article 8

An advertisement should not have any content that is injurious to the physical and mental

health of underage persons or handicapped persons.

Article 9An advertisement should make distinct and clear the specifications, place of origin, uses,

quality, price, manufacturer, validity period or promises, if any, of commodities or the contents,forms, quality, price or promises, if any, of the services offered. Whereas a gift is attached to a

commodity or services supplied, the advertisement concerned should clearly define the kind

and quality of the attached gift.

Article 10Data, statistics, survey results, excerpts or quotations addressed in an advertisement should be


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true and accurate, with the sources clearly indicated.

Article 11

If an advertisement involves patented products or patented methods, the patent number and

patent category should also be clearly defined. An advertisement should not lie about the

patent right of any product that has not factually obtained the patent right. It is prohibited toadvertise any patent applications that have not been granted, the patent rights or patents thathave been terminated, cancelled or invalid.

Article 12

An advertisement should not have any content that denigrates the commodities or services of

other producers or operators.

Article 13

An advertisement should be able to be clearly recognizable as a kind of advertisement. Massmedia should not in any way publish an advertisement in the disguise of a news reportwhenever an advertisement is published in mass media, for not to mislead consumers, a clear

indication should be shown to distinguish it from non-advertising information.

Article 14

An advertisement for medicines or medical apparatuses should not in any way contain the

following:

1. Any unscientific assertions or assurances in terms of efficiency or uses;2. Treatment efficiency or curative rate;

3. Comparisons with other medicines or medical apparatuses in efficacy or safety;4. Titles or images of medical research institutes, academic institutions, medical

organizations or experts, doctors or patients; and

5. Other contents that are prohibited by laws and administrative decrees.Article 15The contents of an advertisement for a medicine should be based on the indications approved

by the public health administrative department of the State Council or by the public heathadministrative department of a province, autonomous region or municipality under the direct

administration of the central government. An advertisement for therapeutical medicines that

must be applied under the guidance of doctors as required by the State should include the

words of "To seek doctor's advice in the purchasing and application."

Article 16

No advertising is allowed for such special purpose drugs as anesthetics, psychotropic drugs,

toxic drugs and radioactive drugs.


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Article 17

An advertisement for any farm chemicals should not contain the following;

1. Any absolute assertions of safety, such as toxic-free or harmless;

2. Any unscientific assertions or assurances in terms of effectiveness;

3. Written or oral language or pictures that violate the procedures for the safe use of farm

chemicals; and4. Other contents prohibited by law and administrative decrees.

Article 18Advertisements of tobacco are prohibited to be published through broadcast, films, television,

newspaper or periodicals. It is prohibited to post tobacco advertisements in any waiting rooms,

cinemas and theatres, meeting halls, sports sites and gyms and other public places. An

advertisement for tobacco should carry the indication of "Smoking is harmful to your health."

Article 19

The contents of advertisements for goods, wines and cosmetics should conform to therequirements as set by health departments and not use any medical terms or terms easily toconfuse the goods with medicines.

CHAPTER THREE

ADVERTISING ACTIVITIES

Article 20In carrying out advertising activities, advertisers, advertising agents and advertisement

publishers shall sign written contracts to define the rights and obligations of each other.

Article 21In carrying out advertising activities, advertisers, advertising agents and advertisement

publishers should not engage in any form of unfair competition.

Article 22

The commodities or services to be advertised should be fully covered in the business scope ofthe advertisers no matter the advertisements are designed, produced and published by the own

effort of the advertisers or by others under the entrustment of the advertisers.

Article 23Advertisers shall entrust the designing, production and publishing of advertisements toadvertising agents and publishers that are lawful for their operation.


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Article 24

In designing, producing and publishing advertisements by own efforts of the advertisers orothers under entrustments by the advertisers, the advertisers shall have or provide the

following true, legal and valid documents of certification:

1. Business licenses and other documents certifying production and managementqualifications;

2. Certificates for the contents of advertisements about commodity quality issued byquality inspection organizations; and

3. Other documents certifying the truthfulness of the contents of the advertisements.If the publishing of advertisements requires the examination by relevant administrativedepartments in charge according to the provisions of Article 34 of this law, relevantdocuments of approval shall be provided.

Article 25

In using the names or images of others for advertising, the advertisers or advertising agentsshall get the prior written approval of the persons concerned. If the names or images or persons

without the capabilities of civil acts or whose capabilities of civil acts are limited are used, the

advertisers shall get the prior written approval of their guardians.

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See also

1. http://www.businessweek.com/magazine/content/11_16/b4224011340471.htm

2. http://www.businessweek.com/magazine/content/05_17/b3930088.htm

3. http://www.adbrands.net/cn/

Documents

Chinese Advertising Law