中华人民共和国广告法 （英文版）
The Advertisement Law of PRC
(Adopted at the Tenth Meeting of the Standing Committee of the Eighth National People's Congress on October 27, 1994.)
Chapter I General provisions
Article 1 This Law is formulated in order to regulate advertising activities, promote the sound development of advertising business, protect the legitimate rights and interests of consumers, maintain the socio-economic order, and enable advertisements to play a positive role in the socialist market economy.
Article 2 Advertisers, advertising agents and advertisement publishers engaged in advertising activities within the territory of the People's Republic of China shall abide by this Law.
The "advertisements" as used in this Law refer to commercial advertisements, for which a commodity producer or dealer or service provider pays, and by which the same, through certain media or forms, directly or indirectly introduces his commodities to be sold or services to be provided.
The "advertisers" as used in this Law refer to the legal persons, other economic organizations or individuals that, for the purpose of promoting the sale of commodities or providing services, design, produce and publish advertisements either by itself or by commissioning others to do so.
The "advertising agents" as used in this Law refer to the legal persons, other economic organizations or individuals that on a commission basis provide advertisement designing and production services and agent service.
The "advertisement publishers" as used in this Law refer to the legal persons or other economic organizations that publish advertisements for advertisers or advertising agents commissioned by advertisers.
Article 3 An advertisement shall be true to facts, lawful, and in compliance with the requirements for the socialist cultural and ideological development.
Article 4 An advertisement shall not contain any false information, and shall not cheat or mislead consumers.
Article 5 Advertisers, advertising agents and advertisement publishers shall, when engaged in advertising activities, abide by laws and administrative rules and regulations, adhere to the principles of fairness, honesty and credibility.
Article 6 the adminsistrative departments for industry and commerce of the people's govenments at or above the county level shall be the supervisory and administrative organs for advertisements.
Chapter II Norms for Advertisements
Article 7 the contents of an advertisement shall be conducive to the physical and mental health of the people, shall promote the quality of commodities and services, protect the legitimate rights and interests of consumers, be in compliance with social morality and professional ethics, and safeguard the dignity and interests of the State.
An advertisement shall not involve any of the following circumstances:
(1) Using the National Flag, the National Emblem or the National Anthem of the People's Republic of China;
(2) Using the names of State organs or their functionaries;
(3) Using words such as the State-level, the highest-grade or the best;
(4) Hindering social stability or endangering the safety of the person or property, or harming the public interests;
(5) Hindering the public order or violating the sound social morals;
(6) Having information suggesting pornography, superstition, terror, violence or hideousness;
(7) Carrying information of ethnic, racial, religious or sexual discrimination;
(8) Hindering the protection of environment or natural resources; or
(9) Other circumstances prohibited by laws or administrative rules and regulations.
Article 8 Advertisements shall not impair the physical and mental health of minors or disabled persons.
Article 9 Where there are statements in an advertisement on the performance, place of origin, usage, quality, price, producer or manufacturer, term of validity and promise of a commodity, or on the items, forms, quality, price and promise of a service, they shall be clear and explicit.
Where there are statements in an advertisement about additional presentation of gifts for the purpose of promoting the sale of commodities or providing services, the types and quantities of such gifts shall be clearly indicated.
Article 10 Data, statistical information, results of investigation or survey, digest and quotations used in an advertisement shall be true to facts and accurate, and their sources shall be indicated.
Article 11 Where an advertisement involves a patented product or patented process, it shall clearly indicate the number of patent and the type of patent.
Where a patent right has not been obtained, an advertiser shall not give false information in an advertisement that the patent right has been obtained.
It is prohibited to use a patent application for which the patent right has not been granted or to use a terminated, nullified or invalid patent in an advertisement.
Article 12 An advertisement shall not belittle commodities of other producers and dealers or services of other providers.
Article 13 An advertisement shall be distinguishable and shall enable consumers to identify it as such.
The mass media shall not publish advertisements in the form of news report. Advertisements published through the mass media shall bear advertisement marks so as to differentiate them from other non-advertisement information, and may not mislead consumers.
Article 14 an advertisement for pharmaceuticals, medical apparatus and instruments shall not have the following:
(1) unscientific affirmations or guarantees for efficacy;
(2) indication of cure rate or efficacious rate;
(3) comparison of efficacy and safeness with those of other pharmaceuticals, medical apparatus and instruments;
(4) use of the name or image of a medical research institution, academic organization, medical institution or of an expert, a doctor or patient as proof; or
(5) other information prohibited by laws or administrative rules and regulations.
Article 15 An advertisement for pharmaceuticals must be based on the directions approved by the administrative department of public health under the State Council or the administrative departments of public health of provinces, autonomous regions or municipalities directly under the Central Government.
An advertisement for therapeutic pharmaceuticals to be used on doctor's advice as prescribed by the State must be marked with "purchase and use on doctor's prescription".
Article 16 Special pharmaceuticals such as narcotics, psychotropic substances, toxic drugs and radioactive drugs shall not be advertised.
Article 17 An advertisement for agricultural pesticides shall not have the following:
(1) absolute affirmations indicating their safeness such as being non-toxic or non-harmful;
(2) unscientific affirmations or guarantees for their efficacy;
(3) written or spoken language or pictures that violate rules on safe use of agricultural pesticides; or
(4) other information prohibited by laws or administrative rules and regulations.
Article 18 It is prohibited to publish advertisements for tobacco through broadcasting, motion pictures, TV programmes, newspapers or periodicals.
It is prohibited to put up advertisements for tobacco at any kind of waiting rooms, cinemas, theatres, conference halls, stadiums and gymnasiums or other similar public places.
Advertisements for tobacco must be marked with "Smoking is harmful to your health".
Article 19 An advertisement for foods, alcoholic drinks or cosmetics must meet requirements for public health, and shall not employ medical jargons or terms liable to confuse them with pharmaceuticals.
Chapter III Advertising Activities
Article 20 Advertisers, advertising agents and advertisement publishers shall, in their advertising activities, conclude written contracts according to law defining rights and obligations of respective parties.
Article 21 Advertisers, advertising agents and advertisement publishers may not engage in unfair competition of any form in their advertising activities.
Article 22 In an advertisement designed, produced and published by the advertiser itself or by others on a commission basis, the sale of commodities being promoted or the services provided shall conform to the business scope of the advertiser.
Article 23 An advertiser shall, in designing, producing and publishing advertisements on a commission basis, commission advertising agents or advertisement publishers with lawful qualifications for such business.
Article 24 An advertiser shall, in designing, producing and publishing advertisements by itself or by others on a commission basis, possess or provide the following true, lawful and valid supporting documents:
(1) business license and other documents for the qualifications of production and operation;
(2) documents issued by a quality inspection institution for matters relating to the quality of commodities being advertised; and
(3) other documents confirming the truthfulness of the contents of the advertisement.
Where the publication of an advertisement is subject to the examination by the competent administrative departments as provided by Article 34 of this Law, relevant documents of approval shall also be provided .
Article 25 If an advertiser or advertising agent is to use the names or images of others in advertisements, it shall obtain in advance a written consent from them; and in the case of persons with no capacity for civil conduct or with limited capacity for civil conduct, it shall obtain in advance a written consent from their guardians.
Article 26 Anyone w
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(Adopted at the Tenth Meeting of the Standing Committee of the Eighth National People's Congress on October 27, 1994.)
Chapter I General provisions
Article 1 This Law is formulated in order to regulate advertising activities, promote the sound development of advertising business, protect the legitimate rights and interests of consumers, maintain the socio-economic order, and enable advertisements to play a positive role in the socialist market economy.
Article 2 Advertisers, advertising agents and advertisement publishers engaged in advertising activities within the territory of the People's Republic of China shall abide by this Law.
The "advertisements" as used in this Law refer to commercial advertisements, for which a commodity producer or dealer or service provider pays, and by which the same, through certain media or forms, directly or indirectly introduces his commodities to be sold or services to be provided.
The "advertisers" as used in this Law refer to the legal persons, other economic organizations or individuals that, for the purpose of promoting the sale of commodities or providing services, design, produce and publish advertisements either by itself or by commissioning others to do so.
The "advertising agents" as used in this Law refer to the legal persons, other economic organizations or individuals that on a commission basis provide advertisement designing and production services and agent service.
The "advertisement publishers" as used in this Law refer to the legal persons or other economic organizations that publish advertisements for advertisers or advertising agents commissioned by advertisers.
Article 3 An advertisement shall be true to facts, lawful, and in compliance with the requirements for the socialist cultural and ideological development.
Article 4 An advertisement shall not contain any false information, and shall not cheat or mislead consumers.
Article 5 Advertisers, advertising agents and advertisement publishers shall, when engaged in advertising activities, abide by laws and administrative rules and regulations, adhere to the principles of fairness, honesty and credibility.
Article 6 the adminsistrative departments for industry and commerce of the people's govenments at or above the county level shall be the supervisory and administrative organs for advertisements.
Chapter II Norms for Advertisements
Article 7 the contents of an advertisement shall be conducive to the physical and mental health of the people, shall promote the quality of commodities and services, protect the legitimate rights and interests of consumers, be in compliance with social morality and professional ethics, and safeguard the dignity and interests of the State.
An advertisement shall not involve any of the following circumstances:
(1) Using the National Flag, the National Emblem or the National Anthem of the People's Republic of China;
(2) Using the names of State organs or their functionaries;
(3) Using words such as the State-level, the highest-grade or the best;
(4) Hindering social stability or endangering the safety of the person or property, or harming the public interests;
(5) Hindering the public order or violating the sound social morals;
(6) Having information suggesting pornography, superstition, terror, violence or hideousness;
(7) Carrying information of ethnic, racial, religious or sexual discrimination;
(8) Hindering the protection of environment or natural resources; or
(9) Other circumstances prohibited by laws or administrative rules and regulations.
Article 8 Advertisements shall not impair the physical and mental health of minors or disabled persons.
Article 9 Where there are statements in an advertisement on the performance, place of origin, usage, quality, price, producer or manufacturer, term of validity and promise of a commodity, or on the items, forms, quality, price and promise of a service, they shall be clear and explicit.
Where there are statements in an advertisement about additional presentation of gifts for the purpose of promoting the sale of commodities or providing services, the types and quantities of such gifts shall be clearly indicated.
Article 10 Data, statistical information, results of investigation or survey, digest and quotations used in an advertisement shall be true to facts and accurate, and their sources shall be indicated.
Article 11 Where an advertisement involves a patented product or patented process, it shall clearly indicate the number of patent and the type of patent.
Where a patent right has not been obtained, an advertiser shall not give false information in an advertisement that the patent right has been obtained.
It is prohibited to use a patent application for which the patent right has not been granted or to use a terminated, nullified or invalid patent in an advertisement.
Article 12 An advertisement shall not belittle commodities of other producers and dealers or services of other providers.
Article 13 An advertisement shall be distinguishable and shall enable consumers to identify it as such.
The mass media shall not publish advertisements in the form of news report. Advertisements published through the mass media shall bear advertisement marks so as to differentiate them from other non-advertisement information, and may not mislead consumers.
Article 14 an advertisement for pharmaceuticals, medical apparatus and instruments shall not have the following:
(1) unscientific affirmations or guarantees for efficacy;
(2) indication of cure rate or efficacious rate;
(3) comparison of efficacy and safeness with those of other pharmaceuticals, medical apparatus and instruments;
(4) use of the name or image of a medical research institution, academic organization, medical institution or of an expert, a doctor or patient as proof; or
(5) other information prohibited by laws or administrative rules and regulations.
Article 15 An advertisement for pharmaceuticals must be based on the directions approved by the administrative department of public health under the State Council or the administrative departments of public health of provinces, autonomous regions or municipalities directly under the Central Government.
An advertisement for therapeutic pharmaceuticals to be used on doctor's advice as prescribed by the State must be marked with "purchase and use on doctor's prescription".
Article 16 Special pharmaceuticals such as narcotics, psychotropic substances, toxic drugs and radioactive drugs shall not be advertised.
Article 17 An advertisement for agricultural pesticides shall not have the following:
(1) absolute affirmations indicating their safeness such as being non-toxic or non-harmful;
(2) unscientific affirmations or guarantees for their efficacy;
(3) written or spoken language or pictures that violate rules on safe use of agricultural pesticides; or
(4) other information prohibited by laws or administrative rules and regulations.
Article 18 It is prohibited to publish advertisements for tobacco through broadcasting, motion pictures, TV programmes, newspapers or periodicals.
It is prohibited to put up advertisements for tobacco at any kind of waiting rooms, cinemas, theatres, conference halls, stadiums and gymnasiums or other similar public places.
Advertisements for tobacco must be marked with "Smoking is harmful to your health".
Article 19 An advertisement for foods, alcoholic drinks or cosmetics must meet requirements for public health, and shall not employ medical jargons or terms liable to confuse them with pharmaceuticals.
Chapter III Advertising Activities
Article 20 Advertisers, advertising agents and advertisement publishers shall, in their advertising activities, conclude written contracts according to law defining rights and obligations of respective parties.
Article 21 Advertisers, advertising agents and advertisement publishers may not engage in unfair competition of any form in their advertising activities.
Article 22 In an advertisement designed, produced and published by the advertiser itself or by others on a commission basis, the sale of commodities being promoted or the services provided shall conform to the business scope of the advertiser.
Article 23 An advertiser shall, in designing, producing and publishing advertisements on a commission basis, commission advertising agents or advertisement publishers with lawful qualifications for such business.
Article 24 An advertiser shall, in designing, producing and publishing advertisements by itself or by others on a commission basis, possess or provide the following true, lawful and valid supporting documents:
(1) business license and other documents for the qualifications of production and operation;
(2) documents issued by a quality inspection institution for matters relating to the quality of commodities being advertised; and
(3) other documents confirming the truthfulness of the contents of the advertisement.
Where the publication of an advertisement is subject to the examination by the competent administrative departments as provided by Article 34 of this Law, relevant documents of approval shall also be provided .
Article 25 If an advertiser or advertising agent is to use the names or images of others in advertisements, it shall obtain in advance a written consent from them; and in the case of persons with no capacity for civil conduct or with limited capacity for civil conduct, it shall obtain in advance a written consent from their guardians.
Article 26 Anyone w
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