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

sement is subject to examination by relevant administrative departments， relevant documents and papers of approval shall also be provided.

　　Article 25 Any advertiser or advertising operator shall， if using the names or images of others in advertising， obtain in advance the written consent of others； and if using the names or images of persons with incapacity for civil actions or with limited capacity for civil actions， obtain in advance the written consent from their guardians.

　　Article 26 Those engaging in the advertising business shall have the required professional and technical personnel and production equipment， and undergo company or advertising business registration in accordance with law， before they may engage themselves in advertising activities.

　　The advertising business of radio stations， television stations， newspaper or magazine and periodical publishing units shall be handled by their own departments specializing in advertising business， and registration for concurrent advertising business shall be made according to law.

　　Article 27 Advertising operators and advertisement publishers are to check relevant documentation and to examine and verify the contents of advertisements in accordance with laws and administrative regulations. With respect to an advertisement with untrue content or without the required complete documentation， any advertising operator may not provide services on designing， producing and serving as agent and any advertisement publisher may not publish such advertisement.

　　Article 28 Advertising operators and advertisement publishers， according to relevant state regulations， are to establish and perfect the system on acceptance registration， examination and verification， and record management of their advertisement businesses.

　　Article 29 Advertising charges shall be reasonable and open to the public， the charging standards and measures shall be registered with the administrative departments in charge of price and industry and commerce for record.

　　Advertising operators and advertisement publishers shall make public their charging standards and measures.

　　Article 30 Advertisem

ent publishers shall provide true information on media coverage， audience rate and circulation to advertisers and advertising operators.

　　Article 31 With respect to those commodities or services prohibited by laws and administrative regulations to be produced and manufactured， marketed or provided， and with respect to the commodities or services prohibited to be advertised， advertisements may not be designed， produced and published.

　　Article 32 No outdoor advertisement may be erected or placed under any of the following circumstances：

　　1. using traffic safety facilities or traffic signs and marks；

　　2. affecting or interrupting the use of public utility facilities， traffic safety facilities or traffic signs and marks；

　　3. hindering the production or people's living or damaging the appearance or environment of cities；

　　4. within the construction control areas of state organs， cultural relics protection units or scenic sites； and

　　5. within the areas prohibited to erect or place outdoor advertisements by the people's governments at or above the county level.

　　Article 33 The people's governments at or above the county level are， by organizing relevant departments such as advertising supervision and control， urban construction， environmental protection and public security， to work out planning and measures for the control of erecting and placing outdoor advertisements.

　　Chapter IV Advertisement Examination

　　Article 34 With respect to advertisements for such commodities as pharmaceuticals， medical apparatus and instruments， agricultural chemicals or veterinary drugs， which are published by means of radio， cinema pictures， television， newspaper， magazine， periodical and other media， and other advertisements which， as provided by laws and administrative regulations， shall be subject to examination， the relevant administrative departments （hereinafter referred to as the advertisement examination organ） must examine and inspect， prior to their issuance， the contents of the advertisements in accordance with the relevant laws and administrative regulations； any such advertisement which is not examined and approved may not be published.

　　Article 35 An advertiser shall， when applying for advertisement examination， submit relevant documentation to the advertisement examination organ according to laws and administrative regulations. The advertisement examination organ shall， pursuant to laws and administrative regulations， make an examination decision.

　　Article 36 No unit or individual may counterfeit， alter and transfer the document of advertisement examination decision.

　　Chapter V Legal Responsibility

　　Article 37 Where， in violation of the provisions of this Law， false and deceiving publicity on commodity or service is made by using an advertisement， the advertising supervision and control organ shall order the advertiser to stop publishing the advertisement and to use the same amount of its advertising expenses to make open correction and to clear up influence within the same area， and impose the advertiser a fine of more than the amount of its advertising charges and less than five times the amount of its advertising charges； confiscate the advertising charges of the advertising operator responsible and advertisement publisher responsible and impose them a line of more than the amount of the advertising charges and less than five times the amount of the advertising charges； and if the case is serious， prevent them， according to law， from the advertising businesses. Where the act constitutes a crime， criminal responsibility shall be investigated according to law.

　　Article 38 Where， in violation of the provisions of this Law， publishing of a false and deceiving advertisement cheats and misguides consumers， and thus causes infringement and damage to the lawful rights and interests of consumers who buy the com

modity or accept the service， the advertiser shall bear civil responsibility according to law， the advertising operator and advertisement publisher， who know or are to know that the advertisement is untrue to facts but continue to design， produce and publish it， shall bear joint responsibility according to law.

　　The advertising operator or advertisement publisher， who fails to provide the real name and address of the advertiser， shall bear complete civil responsibility.

　　A social organization or other organizations， which recommends commodity or service to consumers in a false and deceiving advertisement and consequently causes infringement and damage to the lawful rights and interests of consumers， shall bear joint responsibility.

　　Article 39 Where publishing of an advertisement violates the provisions of Article 7， Paragraph 2 of this Law， the advertising supervision and control organ shall order the advertiser， advertising operator and advertisement publisher， which are responsible to the advertisement， to stop publishing the advertisement and to make open corrections， confiscate their advertising charges， and impose a fine of more than the amount of the advertising charges and less than five times the amount of the advertising charges； and if the case is serious， prevent them， according to law， from the advertising businesses. Where the act constitutes a crime， criminal responsibility shall be investigated according to law.

　　Article 40 Where publishing of an advertisement violates the provisions of Article 9 to Article 12 of this Law， the advertising supervision and control organ shall order the advertiser， advertising operator and advertisement publisher， which are responsible to the advertisement， to stop publishing the advertisement and to make open corrections， confiscate their advertising charges， and may impose a fine of more than the amount of the advertising charges and less than five times the amount of the advertising charges.

　　Where publishing of an advertisement violates the provisions of Article 13 of this Law， the advertising supervision and control organ shall order the advertisement publisher to make correction， and impose a fine of more than 1，000 yuan and less than 10，000 yuan.

　　Article 41 Where， in violation of the provisions of Article 14 to Article 17 and Article 19 of this Law， an advertisement for pharmaceuticals， medical apparatus and instruments， agricultural chemicals， foods， alcoholic drinks or cosmetics is published， or， in violation of the provisions of Article 31 of this Law， an advertisement is published， the advertising supervision and control organ shall order the advertiser， advertising operator and advertisement publisher， which are responsible to the advertisement， to make corrections or to stop publishing the advertisement， confiscate their advertising charges， and may also impose a fine of more than the amount of the advertising charges and less than five times the amount of the advertising charges； and if the case is serious， prevent them， according to law， from the advertising businesses.

　　Article 42 Where， in violation of the provisions of Article 18 of this Law， an advertisement for tobacco is published by means of radio， cinema pictures， television， newspaper， magazine or periodical， or an advertisement for tobacco is erected and placed in the public places and sites， the advertising supervision and control organ shall order the advertiser， advertising operator and advertisement publisher， which are responsible to the advertisement， to stop publishing the advertisement， confiscate their ad

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