Measures for the Administration of Internet Advertising
Measures for the Administration of Internet Advertising
(Promulgated by Order No.72 of the State Administration of Market Supervision on February 25, 2023 and effective as of May 1, 2023)
 
the first In order to regulate Internet advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of Internet advertising industry, and maintain the market economic order of fair competition, these Measures are formulated in accordance with the Advertising Law of People’s Republic of China (PRC) (hereinafter referred to as the Advertising Law), the Electronic Commerce Law of the People’s Republic of China (hereinafter referred to as the Electronic Commerce Law) and other laws and administrative regulations.
the second In People’s Republic of China (PRC), the provisions of the Advertising Law and these Measures shall apply to commercial advertising activities that directly or indirectly promote goods or services in the form of words, pictures, audio, video or other forms by using Internet media such as websites, webpages and Internet applications.
Laws, administrative regulations, departmental rules, mandatory national standards and other relevant provisions of the state require information to be displayed, marked and informed, in accordance with its provisions.
Article Internet advertising should be true and legal, adhere to the correct orientation, and express the advertising content in a healthy form, which is in line with the requirements of socialist spiritual civilization construction and the promotion of Chinese excellent traditional culture.
Advertising activities using the Internet shall abide by laws and regulations, be honest and trustworthy, and compete fairly.
The state encourages and supports public service advertising activities on the Internet, spreads socialist core values and Chinese excellent traditional culture, and advocates civilized fashion.
Article 4 Natural persons, legal persons or other organizations that use the Internet to publish advertisements for advertisers or advertising agents entrusted by advertisers shall apply the provisions of the Advertising Law and these Measures on advertisement publishers.
The provisions of the Advertising Law and these Measures on Internet information service providers shall apply to natural persons, legal persons or other organizations that provide information services through the Internet; Engaged in Internet advertising design, production, agency, release and other activities, shall apply the provisions of the Advertising Law and these Measures on advertising agents, publishers and other subjects.
Article 5 Advertising industry organizations shall, in accordance with laws, regulations, departmental rules and articles of association, formulate industry norms, self-discipline conventions and group standards, strengthen industry self-discipline, guide members to actively practice socialist core values, engage in Internet advertising activities according to law, promote integrity building and promote the healthy development of the industry.
Article 6 No unit or individual may use the Internet to design, produce, act as an agent or publish advertisements for products or services whose production and sale are prohibited by laws and administrative regulations, or for goods or services whose advertising is prohibited.
It is forbidden to use the Internet to publish tobacco (including electronic cigarettes) advertisements.
It is forbidden to use the Internet to publish prescription drug advertisements. Where there are other provisions in laws and administrative regulations, such provisions shall prevail.
Article 7 Advertisements that should be examined according to laws and administrative regulations such as advertisements for medical treatment, medicines, medical devices, pesticides, veterinary drugs, health foods and formula foods for special medical purposes shall be examined by the advertisement examination organ before publication; Without review, it shall not be published.
Internet advertisements subject to censorship shall be published in strict accordance with the contents examined and approved, and shall not be edited, spliced or modified. If the contents of advertisements that have been examined and approved need to be changed, they shall re-apply for advertisement examination.
Article 8 It is forbidden to publish advertisements for medical treatment, medicines, medical devices, health foods and formula foods for special medical purposes in disguised form by introducing health and health preservation knowledge.
When introducing health and health preserving knowledge, the address, contact information, shopping links and other contents of commodity operators or service providers related to medical treatment, medicines, medical devices, health food and formula food for special medical purposes shall not appear on the same page or at the same time.
Article 9 Internet advertisements should be identifiable and enable consumers to identify them as advertisements.
For the goods or services ranked by bidding, the advertisement publisher should clearly mark "advertisement", which is obviously different from the natural search results.
Except in cases where laws and administrative regulations prohibit the publication or disguised publication of advertisements, if a commodity or service is promoted through knowledge introduction, experience sharing, consumption evaluation and other forms, and a shopping link is attached, the advertisement publisher shall clearly indicate "advertisement".
Article 10 When publishing Internet advertisements in the form of pop-ups, advertisers and advertisement publishers shall clearly mark the closure sign to ensure one-click closure, and shall not have any of the following circumstances:
(1) The advertisement can only be closed if there is no closing sign or the time is over;
(two) the closure sign is false, unclear or difficult to locate, etc., which sets obstacles for the closure of advertisements;
(three) to close the advertisement, it must be clicked twice or more;
(four) in the process of browsing the same page and the same document, continue to pop up advertisements after closing, which will affect the normal use of the network by users;
(five) other acts that affect the one-button closure.
The provisions of the preceding paragraph shall apply to the open-screen advertisements displayed and released when the Internet application is started.
Article 11 Do not cheat or mislead users to click or browse advertisements in the following ways:
(a) false system or software update, error reporting, cleaning, notification and other tips;
(two) false signs such as playing, starting, pausing, stopping and returning;
(3) False reward promises;
(four) other ways to deceive and mislead users to click and browse advertisements.
Article 12 Advertisements for medical treatment, medicines, health foods, formula foods for special medical purposes, medical devices, cosmetics, alcohol, beauty, and online game advertisements that are not conducive to the physical and mental health of minors shall not be published on websites, webpages, internet applications, WeChat official account and other Internet media aimed at minors.
Article 13 Advertisers should be responsible for the authenticity of Internet advertising content.
When an advertiser publishes an Internet advertisement, the subject qualification, administrative license, citation content, etc. shall meet the requirements of laws and regulations, and the relevant certification documents shall be true, legal and effective.
Advertisers can publish their own advertisements through self-built websites, their own clients, Internet applications, WeChat official account, online shop pages and other Internet media, or they can entrust advertising agents and publishers to publish advertisements.
Advertisers who publish Internet advertisements by themselves shall comply with the requirements of laws and regulations, establish advertisement files and update them in time. The relevant files shall be kept for not less than three years from the date of termination of advertising.
When an advertiser entrusts to publish an Internet advertisement, it shall notify the advertising agents and publishers who provide services to it in a timely manner in written form or in other ways that can be confirmed.
Article 14 Advertising agents and publishers shall, in accordance with the following provisions, establish, improve and implement the registration, audit and file management system for Internet advertising business:
(a) check and register the real identity, address and effective contact information of advertisers, establish advertising files and regularly check and update them, and record and save relevant electronic data of advertising activities; The preservation time of relevant files shall be no less than three years from the date of the end of advertising;
(2) Examining relevant supporting documents and checking 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 them;
(three) equipped with advertising audit personnel familiar with advertising laws and regulations or set up advertising audit institutions.
The term "identity information" as mentioned in these Measures includes name (name), unified social credit code (ID number), etc.
Advertising agents and publishers shall, in accordance with the law, cooperate with the Internet advertising industry survey conducted by the market supervision and management department and provide true, accurate and complete information in a timely manner.
Article 15 Where an Internet advertisement is published by means of algorithmic recommendation, the relevant rules of algorithmic recommendation service and advertisement delivery records shall be recorded in the advertisement file.
Article 16 Internet platform operators shall take measures to prevent and stop illegal advertisements in the process of providing Internet information services, and abide by the following provisions:
(1) Recording and preserving the true identity information of users who use their information services to publish advertisements, and the information recording and preservation time shall be no less than three years from the date of the end of information service provision;
(two) to monitor and investigate the contents of advertisements published by using its information services, and if illegal advertisements are found, necessary measures such as notice to correct, delete, block and disconnect the publishing links shall be taken to stop them, and relevant records shall be kept;
(three) to establish an effective mechanism for accepting and handling complaints and reports, set up a convenient entrance for complaints and reports, or publish the way of complaints and reports, and accept and handle complaints and reports in a timely manner;
(four) shall not obstruct or hinder the market supervision and management departments to carry out advertising monitoring by technical means or other means;
(5) Cooperate with the market supervision and management departments to investigate illegal Internet advertisements, and take timely technical measures to preserve evidence materials suspected of illegal advertisements according to the requirements of the market supervision and management departments, and truthfully provide the true identity information of relevant advertisement publishers, advertisement modification records and transaction information of related commodities or services;
(six) according to the service agreement and platform rules, users who use their information services to publish illegal advertisements shall be warned, suspended or terminated.
Article 17 The use of the Internet to publish and send advertisements shall not affect users’ normal use of the Internet, and shall not insert bidding advertisements into the results of searching government service websites, webpages, Internet applications, WeChat official account, etc.
Without the user’s consent, request or clear refusal, no Internet advertisement shall be sent to his means of transportation, navigation equipment, smart home appliances, etc., and no advertisement or advertisement link shall be attached to the e-mail or Internet instant messaging information sent by the user.
Article 18 When publishing Internet advertisements with links, advertisers, advertising agents and advertisement publishers should check the advertising contents related to front-end advertisements in the next link.
Article 19 Where a commodity seller or service provider promotes a commodity or service through live Internet broadcast, which constitutes a commercial advertisement, it shall bear the responsibilities and obligations of the advertiser according to law.
If the operator of the live broadcast room is entrusted to provide advertising design, production, agency and publishing services, it shall bear the responsibilities and obligations of the advertising operator and publisher according to law.
Live marketing personnel who are entrusted to provide advertising design, production, agency and publishing services shall bear the responsibilities and obligations of advertising operators and publishers according to law.
Live marketing personnel who recommend and prove goods and services in their own names or images, which constitute advertising endorsements, shall bear the responsibilities and obligations of advertising spokespersons according to law.
Article 20 Administrative penalties for illegal Internet advertisements shall be under the jurisdiction of the market supervision and administration department where the advertisement publisher is located. Where it is difficult for the market supervision and administration department where the advertisement publisher is located to have jurisdiction over advertisers, advertising agents, advertising spokespersons and Internet information service providers in different places, it may transfer the illegal situation to the market supervision and administration department where it is located for handling. If the advertising spokesperson is a natural person, the location of the agency providing brokerage services for the advertising spokesperson, the domicile or habitual residence of the advertising spokesperson shall be its location.
Where the market supervision and management department of the place where the advertiser is located or where the advertising operator is located first discovers illegal clues or receives complaints or reports, it may also exercise jurisdiction.
The implementation of administrative penalties for advertisers to publish illegal advertisements by themselves shall be under the jurisdiction of the market supervision and management department where the advertisers are located.
Article 21 The market supervision and management department may exercise the following functions and powers according to law when investigating and handling illegal Internet advertisements:
(a) to conduct on-site inspection of places suspected of engaging in illegal advertising activities;
(2) Asking the party suspected of violating the law or its legal representative, principal responsible person and other relevant personnel, and investigating the relevant units or individuals;
(three) require the parties suspected of violating the law to provide relevant documents within a time limit;
(4) consulting and copying contracts, bills, account books, advertising works and Internet advertising-related data related to suspected illegal advertisements, including saving Internet advertising content by means of screen capture, screen recording, webpage retention, photographing, audio recording and video recording;
(5) sealing up and detaining advertising articles, business tools, equipment and other property directly related to suspected illegal advertisements;
(six) ordered to suspend the publication of suspected illegal advertisements that may cause serious consequences;
(seven) other functions and powers as prescribed by laws and administrative regulations.
When the market supervision and management department exercises the functions and powers stipulated in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse, obstruct or conceal the real situation.
Article 22 The technical monitoring records of Internet advertisements by market supervision and management departments can be used as evidence for administrative punishment or administrative measures against illegal advertisements.
Article 23 Violation of the provisions of Article 6 and Article 12 of these Measures shall be punished in accordance with the provisions of Article 57 of the Advertising Law.
Article 24 Anyone who, in violation of the provisions of Article 7 of these Measures, publishes an Internet advertisement without review or according to the content approved by the advertisement review shall be punished in accordance with the provisions of Article 58 of the Advertising Law.
Article 25 In violation of the provisions of Article 8 and Article 9 of these measures, advertisements for medical treatment, medicines, medical devices, health foods and formula foods for special medical purposes are published in disguised form, or Internet advertisements are not identifiable, and shall be punished in accordance with the provisions of the third paragraph of Article 59 of the Advertising Law.
Article 26 Whoever, in violation of the provisions of Article 10 of these Measures, publishes Internet advertisements in the form of pop-ups and so on, without clearly indicating the closure sign, ensures one-click closure, shall be punished in accordance with the provisions of the second paragraph of Article 62 of the Advertising Law.
Advertisers who commit the acts specified in the preceding paragraph shall be ordered by the market supervision and administration department at or above the county level to make corrections, and those who refuse to make corrections shall be fined between 5,000 yuan and 30,000 yuan.
Article 27 In violation of the provisions of Article 11 of these Measures, deceiving or misleading users to click and browse advertisements, if there are provisions in laws and administrative regulations, such provisions shall prevail; Where there are no provisions in laws and administrative regulations, the market supervision and management department at or above the county level shall order it to make corrections, and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan on advertisers, advertising agents and publishers.
Article 28 In violation of the provisions of the first paragraph of Article 14, Article 15 and Article 18 of these measures, advertising agents and publishers fail to establish and improve the advertising business management system according to the provisions, or fail to check the advertising content, they shall be punished according to the provisions of the first paragraph of Article 60 of the Advertising Law.
In violation of the provisions of the fourth paragraph of Article 13, Article 15 and Article 18 of these measures, advertisers fail to establish advertising files according to the provisions, or fail to check the contents of advertisements, the market supervision and management departments at or above the county level shall order them to make corrections and may impose a fine of not more than 50,000 yuan.
Advertisers, advertising agents and publishers can prove that they have fulfilled relevant responsibilities, take measures to prevent the linked advertising content from being tampered with, and provide the real name, address and effective contact information of the subject of illegal advertising activities, and can be given a lighter, mitigated or no administrative punishment according to law.
In violation of the third paragraph of Article 14 of these measures, advertising agents and publishers refuse to cooperate with the Internet advertising industry survey conducted by the market supervision and administration department, or provide false information, the market supervision and administration department at or above the county level shall order them to make corrections and may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Article 29 Internet platform operators violate the provisions of Item 1, Item 3 to Item 5 of Article 16 of these Measures, and if there are provisions in laws and administrative regulations, such provisions shall prevail; Where there are no provisions in laws and administrative regulations, the market supervision and management department at or above the county level shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.
Internet platform operators who violate the second paragraph of Article 16 of these Measures and know or should know that Internet advertising activities are illegal and will not be stopped shall be punished in accordance with the provisions of Article 63 of the Advertising Law.
Article 30 In violation of the provisions of the first paragraph of article seventeenth of these measures, if there are provisions in laws and administrative regulations, such provisions shall prevail; Where there are no provisions in laws and administrative regulations, the market supervision and management department at or above the county level shall order it to make corrections, and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan on advertisers, advertising agents and publishers.
Whoever, in violation of the provisions of the second paragraph of Article 17 of these Measures, sends Internet advertisements to his means of transportation, navigation equipment, smart home appliances, etc. without the user’s consent, request or explicit refusal, shall be punished in accordance with the provisions of the first paragraph of Article 62 of the Advertising Law; If an advertisement or an advertisement link is attached to the e-mail or Internet instant messaging information sent by a user, the market supervision and management department at or above the county level shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.
Article 31 The administrative punishment decision made by the market supervision and management department in accordance with the provisions of the Advertising Law and these Measures shall be publicized to the public through the national enterprise credit information publicity system according to law; If the nature is bad, the circumstances are serious, and the social harm is great, it will be included in the list of serious violations of law and dishonesty in accordance with the relevant provisions of the Measures for the Administration of the List of Serious Violations of Law and Trustworthiness in Market Supervision and Management.
Article 32 These Measures shall come into force as of May 1, 2023. The Interim Measures for the Administration of Internet Advertising promulgated by Order No.87 of the former State Administration for Industry and Commerce on July 4, 2016 shall be abolished at the same time.
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