中华人民共和国广告法 ADVERTISEMENT LAW OF THE PEOPLES REPUBLIC OF CHINA

（Adopted at the Tenth Session of the Standing Committee of the Eighth National People's Congress， promulgated by Order No. 34 of the President of the People's Republic of China on October 27， 1994， and effective as of February 1， 1995.）
颁布日期：19941027 　实施日期：19950201 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Requirements of Advertising

　　Chapter III Advertising Activities

　　Chapter IV Advertisement Examination

　　Chapter V Legal Responsibility

　　Chapter VI Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This law is formulated in order to regulate advertising activities， promote the healthy development of the advertising sector， protect the lawful rights and interests of consumers， maintain the social and economic order， and let advertisements play an active role in socialist market economy.

　　Article 2 Advertisers， advertising operators and advertisement publishers， when engaging in advertising activities within the territory of the People's Republic of China， shall abide by this law.

　　“Advertisement” as the term is used in this Law refers to any commercial advertisement， which a commodity operator or service provider pays for， through certain media or forms， directly or indirectly introducing their commodities being sold or services being provided.

　　“Advertiser” as the term is used in this Law refers to any legal person， other economic organization or individual， who， with the purpose of promoting the sales of commodities or providing services， is to design， produce and publish advertisements by itself or through commissioning others.

　　“Advertising operator” as the term is used in this Law refers to any legal person， other economic organization or individual， who is commissioned to provide advertisement designing， producing and agent services.

　　“Advertisement publisher” as the term is used in this Law refers to any legal person or other economic organization which publishes advertisements for advertisers or advertising operators commissioned by advertisers.

　　Article 3 An advertisement shall be true to facts， lawful， and in compliance with the requirements of raising socialist cultural and ideological progress.

　　Article 4 An advertisement may not contain any false and deceiving information， and may not cheat or misguide consumers.

　　Article 5 Advertisers， advertising operators and advertisement publishers shall， when engaging in advertising activities， abide by laws and administrative regulations and adhere to the principles of fairness and trustworthiness.

　　Article 6 The administration for industry and commerce of the people's governments at or above the county level are advertising supervision and control organs.

　　Chapter II Requirements of Advertising

　　Article 7 The contents of advertisements shall be conducive to the physical and mental health of the people， promote the improvement in quality of commodity and service， protect the lawful rights and interests of consumers， be in compliance with social morality and professional ethics， and safeguard the dignity and interests of the state.

　　Advertisements may not contain any of the folIowing circumstances：

　　1. using the national flag， national emblem and national anthem of the People's Republic of China；

　　2. using the names of state organs or names of staff of state organs；

　　3. using such words as the state-level， the highest-level or the best；

　　4. hindering social stability or endangering the safety of life or property， or harming the social public interests； 5. hindering the social public order or violating the good social customs；

　　6. carrying any pornographic， superstitious， horrible， violent or ugly information；

　　7. carrying any nationality， racial， religious or sex discrim

inating information；

　　8. hindering environmental and natural resources protection； and

　　9. other circumstances that are prohibited by laws and administrative regulations.

　　Article 8 Advertisements may not impair the physical and mental health of the minors and the disabled.

　　Article 9 Statements in advertisements on commodity's performance， origin of production， use， quality， price， producer and manufacturer， valid term， and promise， and service's items， manner， quality， price and promise shall be clear and explicit.

　　An advertisement， in which gifts are indicated to be presented in promoting the sales of commodities or providing services， shall state the type and quantity of gifts as compliments.

　　Article 10 Data， statistical information， investigation and survey findings， digest and quotes used in an advertisement shall be true to facts and accurate， and their sources shall be indicated.

　　Article 11 An advertisement involving patented products or patent methods shall clearly indicate the patent number and the type of patent.

　　The unpatented may not pretend to be patented in advertisements.

　　The use of ungranted patent applications or terminated， nullified or invalid patents to advertise is prohibited.

　　Article 12 An advertisement may not belittle the commodities or services of other producers and manufacturers or operators.

　　Article 13 An advertisement shall be distinguishable， and enable consumers to identify it is an advertisement.

　　The mass media may not publish advertisements in the form of news report. Advertisements published through the mass media shall bear advertisement marks to differentiate them from other non advertisement information and may notlead to the misunderstanding of consumers.

　　Article 14 Advertisements for pharmaceuticals， medical apparatus and instruments may not contain the following contents：

　　1. unscientific affirmations， statements or promises on efficacy；

　　2. indication of the cure rate or efficacious rate；

　　3. comparison of efficacy and safeness with other medicines， medical apparatus and instruments；

　　4. use of the name or image of medical research unit， academic organization， medical unit or expert， doctor or patient as proofs； and

　　5. other contents that are prohibited by laws and administrative regulations.

　　Article 15 The contents of advertisements for pharmaceuticals must take as the standards the instructions approved by the public health administrative department under the State Council or public health administrative departments of provinces， autonomous regions and municipalities directly under the Central Government.

　　Advertisements for therapeutic pharmaceuticals which， as provided by the state， shall be used under physician's advice must be marked “purchase and use on physician's prescription”。

　　Article 16 Special pharmaceuticals such as anaesthetic， narcotic， psychotropic， toxic and radioactive drugs may not appear in advertisements.

　　Article 17 Advertisements for agricultural chemicals may not contain the following contents：

　　1. absolute affirmations indicating its safeness such as non-toxic or non-harm；

　　2. unscientific affirmations or promises indicating its effectiveness；

　　3. words， languages or pictures that violate the safe use regulations of agricultural chemicals； and

　　4. other contents that are prohibited by laws and administrative regulations.

　　Article 18 Publishing of advertisements for tobacco by means of radio， cinema pictures， television， newspaper， magazine or periodical is prohibited.

　　Erecting or placing advertisements for tobacco at public places such as various waiting rooms， cinemas and theatres， conference halls and sports stadiums and gymnasiums is prohibited.

　　Advertisements for tobacco must be marked w

ith “smoking is harmful to your health”。

　　Article 19 The contents of advertisements for foods， alcohol drinks or cosmetics must comply with matters and items of hygiene license， and may not use medical jargons or words which are easily to be mixed up with pharmaceuticals.

　　Chapter III Advertising Activities

　　Article 20 Advertisers， advertising operators and advertisement publishers shall sign written contracts according to law in their advertising activities， stipulating explicitly each party's rights and obligations.

　　Article 21 No advertiser， advertising operator or advertisement publisher may engage in unfair competition of any form in their advertising activities.

　　Article 22 An advertiser， in designing， producing or publishing advertisements either by itself or through committing others to promote the sales of commodities or to provide services shall comply with its business scope.

　　Article 23 An advertiser shall， in commissioning to design， produce and publish advertisements， commission an advertising operator or advertisement publisher with legal business status.

　　Article 24 An advertiser shall， in designing， producing and publishing advertisements either by itself or through commissioning others， has or provide true， lawful and valid documentation as follows：

　　1. business license and other papers and documents proving production and operation qualification；

　　2. documents and papers issued by quality certification organs for the content of commodity quality to be advertised；

　　3. other documents and papers to confirm the truthfulness of the content of advertisement.

　　Where， pursuant to the provisions of Article 34 of this Law， publishing of an adverti

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