(Adopted at the 10th Session of the Standing Committee of the Eighth National People's Congress on October 27, 1994, revised at the 14th Session of the Standing Committee of the 12th National People's Congress on April 24, 2015, and implemented from September 1, 2015)
Contents
Chapter I General Provisions
Chapter II Rules for the Contents of Advertising
Chapter III Advertisement Behavior Regulation
Chapter IV Supervision and Administration
Chapter V Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 The Law is formulated with a view to regulating advertising activities, safeguarding the lawful rights and interests of consumers, promoting the healthy development of advertising industry and maintaining social and economic order.
Article 2 This Law shall apply to the commercial advertising activities in which commodity dealers or service providers directly or indirectly introduce, via certain media and in certain forms, goods or services marketed by them within the territory of the People's Republic of China.
For the purposes of this Law, “advertiser” means a natural person, a legal person, or any other organization that designs, produces, and publishes advertisements or authorizes any other person to do so for the purpose of marketing its goods or services.
For the purposes of this Law, “advertising agent” means a natural person, a legal person, or any other organization that accepts authorization to provide advertisement design, production, and agency services.
For the purposes of this Law, “advertisement publisher” means a natural person, a legal person, or any other organization that publishes advertisements for an advertiser or an advertising agent authorized by the advertiser.
For the purposes of this Law, “endorser” means a natural person, a legal person, or any other organization, other than the advertiser, that recommends or certifies goods or services in an advertisement in its own name or image.
Article 3 The contents of advertisements shall be expressed in a true, lawful, and healthy manner, and conform to the requirements of the construction of socialist spiritual civilization and the development of the fine traditional cultures of the Chinese nation.
Article 4 Advertisements shall not have any false or misleading content or defraud or mislead consumers.
An advertiser shall be responsible for the veracity of contents of advertisement.
Article 5 Advertisers, advertising agents, and advertisement publishers shall abide by laws and regulations, be honest and trustworthy, and compete in a fair manner in advertising activities.
Article 6 The administrative department for industry and commerce of the State Council shall take charge of advertising supervision and administration nationwide, and the relevant departments of the State Council shall be responsible for works related to advertising administration within their respective functions.
Local administrative departments for industry and commerce at and above the county level shall take charge of advertising supervision and administration within their respective administrative regions, and the relevant departments of local people's governments at and above the county level shall be responsible for works related to advertising administration within their respective functions.
Article 7 Advertising industry organizations shall, in accordance with the provisions of laws and regulations and their bylaws, develop industry rules, strengthen industry self-regulation, promote industry development, guide members in legally conducting advertising activities, and promote integrity in the advertising sector.
Chapter II Rules for the Contents of Advertising
Article 8 Where an advertisement indicates the performance, functions, place of origin, uses, quality, ingredients, price, producer, term of validity, and promises, among others, of the goods or the content, provider, form, quality, price, and promises, among others, of the services, such indication shall be accurate, clear, and understandable.
