中华人民共和国广告法 （英文版）
ho is to engage in the advertising business shall have the necessary professional and technical personnel and production equipment and undergo the registration procedures for a company or advertising business in accordance with the law, before he may engage in advertising activities.
The advertising business of radio stations, television stations, publishers of newspapers and periodicals shall be conducted by their departments specialized in advertising business, and registration for concurrent advertising business shall be made according to law.
Article 27 An advertising agent or an advertisement publisher shall check relevant supporting documents, verify the contents of advertisements in accordance with laws and administrative rules and regulations. For an advertisement with untrue information or incomplete documents, the advertising agent may not provide designing, production and agent service, and the advertisement publisher may not publish such an advertisement.
Article 28 An advertising agent or an advertisement publisher shall in accordance with relevant provisions of the State establish and perfect a system of acceptance registration, examination and verification, and record management for advertising business.
Article 29 Advertising charges shall be reasonable and open to the public, the rates of charges and measures for the collection thereof shall be reproted to the price control authorities and the administrative departments for industry and commerce for the record.
An advertising agent or an advertisement publisher shall make public its rates of charges and measures for the collection thereof.
Article 30 An advertisement publisher shall provide true information on such data as media coverage, audience rate and circulation to advertisers and advertising agents.
Article 31 No advertisement shall be designed, produced and published for commodities or services prohibited from being produced and sold or provided, and for commodities or services prohibited from being advertised, by laws or administrative rules and regulations.
Article 32 No outdoor advertisements shall be put up under any of the following circumstances:
(1) Using traffic safety facilities or traffic signs or marks;
(2) Impairing the use of municipal public utilities, traffic safety facilities or traffic signs or marks;
(3) Hindering production or people's life, damaging the appearance or environment of cities;
(4) Within the construction control areas of State organs, institutions of cultural relics protection or places of historical interest or scenic sports; or
(5) Within areas where installation of outdoor advertisements is prohibited by the local people's goverments at or above the county level.
Article 33 The local people's govenments at or above the county level shall organize relevant departments such as departments of advertising supervision and control, urban construction, environmental protection and public security to work out plans for the installation of outdoor advertisements and measures for their control.
Chapter IV Examination of Advertisements
Article 34 With respect to advertisements for commodities such as pharmaceuticals, medical apparatus and instruments, agricultural pesticides or veterinary drugs to be published through broadcasting, motion pictures, TV programmes, newspapers, periodicals or other media, and other advertisements subject to examination as provided by laws or administrative rules and regulations, the competent administrative departments (hereinafter referred to as the advertisement examination organ) shall, prior to their publication, examine the contents of such advertisement in accordance with the relevant provisions of the laws or administrative rules and regulations; in the absence of such examination, such advertisements shall not be published.
Article 35 If an advertiser applies for the examination of its advertisement, the advertiser shall submit relevant supporting documents to the advertisement examination organ according to the laws or administrative rules and regulations. The advertisement examination organ shall, in accordance with the laws or administrative rules and regulations, make a decision on the examination.
Article 36 No unit or individual may counterfeit, alter or transfer the document of a decision on the examination of an advertisement.
Chapter V Legal Responsibility
Article 37 Where, in violation of the provisions of this Law, false propaganda for commodities or services has been conducted by making use of advertisements, the organ in charge of advertising supervision and control shall order the advertiser to stop publishing the advertisements and to use the same amount of its advertising expenses for making corrections in public within the corresponding areas, thus eliminating the effects, and shall impose on the advertiser a fine of not less than the amount of its advertising expenses but not more than five times that amount; the advertising agent and advertisement publisher who are held responsible shall be confiscated of their advertising charges and shall also be imposed therupon a fine of not less than the amount of the advertising charges and not more than five times that amount; if the circumstances are serious, the advertising business of such offenders shall be stopped according to law. If the case constitutes a crime, the offenders shall be investigated for criminal responsibility according to law.
Article 38 Where, in violation of the provisions of this Law, false advertisements have been published to cheat and mislead consumers, thus infringing upon the lawful rights and interests of consumers who have bought the commodity or accepted the service, the advertiser shall bear civil liabilities according to law; if an advertising agent or advertisement publisher, who knows clearly or ought to know that the advertisement is false, still designs, produces and publishes the advertisement, it shall bear joint and several liability according to law.
Where an advertising agent or advertisement publisher fails to provide the real name and address of the advertiser, it shall bear complete civil liability.
Where social organizations or other organizations have recommended commodities or services to consumers in false advertisements, thus infringing upon the lawful rights and interests of consumers, they shall bear joint and several liability according to law.
Article 39 Where an advertisement is published in violation of the provisions of paragraph 2 of Article 7 in this Law, the organ in charge of advertising supervision and control shall order the advertiser, advertising agent and advertisement publisher who are held responsible to stop publishing the advertisement and to make corrections in public, shall confiscate their advertising charges and shall also impose a fine thereon of not less than the amount of the advertising charges but not more than five times that amount; if the circumstances are serious, their advertising business shall be stopped according to law. If the case constitutes a crime, the offenders shall be investigated for criminal responsibility according to law.
Article 40 Where an advertisement is published in violation of the provisions of Article 9 to Article 12 of this Law, the organ in charge of advertising supervision and control shall order the advertiser, advertising agent and advertisement publisher who are held responsible to stop publishing the advertisement and to make corrections in public, shall confiscate their advertising charges, and may also impose a fine thereon of not less than the amount of the advertising charges but not more than five times that amount.
Where an advertisement is published in violation of the provisions of Article 13 of this Law, the organ in charge of advertising supervision and control shall order the advertisement publisher to make corrections and shall impose a fine thereon of not less than 1 000 yuan but not more than 10 000 yuan.
Article 41 Where, in violation of the provisions of Article 14 to Article 17 or of Article 19 of this law, an advertisement for pharmaceuticals, medical apparatus and instruments, agricultural pesticides, foods, alcoholic drinks or cosmetics is published, or an advertisement is published in violation of the provisions of Article 31 of this law, the organ in charge of advertising supervision and control shall order the advertiser, advertising agent and advertisement publisher who are held responsible to make corrections or to stop publishing the advertisement, shall confiscate their advertising charges, and may also impose a fine thereon of not less than the amount of the advertising charges but not more than five times that amount; and if the circumstances are serious, their advertising business shall be stopped according to law.
Article 42 Where, in violation of the provisions of Article 18 of this Law, an advertisement for tobacco is published through broadcasting, motion pictures, TV programmes, newspapers or periodicals, or an advertisement for tobacco is put up in public places, the organ in charge of advertising supervision and control shall order the advertiser, advertising agent and advertisement publisher who are held responsible to stop publishing the advertisement, shall confiscate their advertising charges, and may also impose a fine thereon of not less than the amount of the advertising charges but not more than five times that amount.
Article 43 Where, in violation of the provisions of Article 34 of this Law, an advertisement is published without the examination and approval of the advertisement examination organ, the organ in charge of advertising supervision and control shall order the advertiser, advertising agent and advertisement publisher who are held responsible
上一篇文章： 中国广告未来的四个关键词 下一篇文章： 第二届环保公益广告大赛作品征集开始
The advertising business of radio stations, television stations, publishers of newspapers and periodicals shall be conducted by their departments specialized in advertising business, and registration for concurrent advertising business shall be made according to law.
Article 27 An advertising agent or an advertisement publisher shall check relevant supporting documents, verify the contents of advertisements in accordance with laws and administrative rules and regulations. For an advertisement with untrue information or incomplete documents, the advertising agent may not provide designing, production and agent service, and the advertisement publisher may not publish such an advertisement.
Article 28 An advertising agent or an advertisement publisher shall in accordance with relevant provisions of the State establish and perfect a system of acceptance registration, examination and verification, and record management for advertising business.
Article 29 Advertising charges shall be reasonable and open to the public, the rates of charges and measures for the collection thereof shall be reproted to the price control authorities and the administrative departments for industry and commerce for the record.
An advertising agent or an advertisement publisher shall make public its rates of charges and measures for the collection thereof.
Article 30 An advertisement publisher shall provide true information on such data as media coverage, audience rate and circulation to advertisers and advertising agents.
Article 31 No advertisement shall be designed, produced and published for commodities or services prohibited from being produced and sold or provided, and for commodities or services prohibited from being advertised, by laws or administrative rules and regulations.
Article 32 No outdoor advertisements shall be put up under any of the following circumstances:
(1) Using traffic safety facilities or traffic signs or marks;
(2) Impairing the use of municipal public utilities, traffic safety facilities or traffic signs or marks;
(3) Hindering production or people's life, damaging the appearance or environment of cities;
(4) Within the construction control areas of State organs, institutions of cultural relics protection or places of historical interest or scenic sports; or
(5) Within areas where installation of outdoor advertisements is prohibited by the local people's goverments at or above the county level.
Article 33 The local people's govenments at or above the county level shall organize relevant departments such as departments of advertising supervision and control, urban construction, environmental protection and public security to work out plans for the installation of outdoor advertisements and measures for their control.
Chapter IV Examination of Advertisements
Article 34 With respect to advertisements for commodities such as pharmaceuticals, medical apparatus and instruments, agricultural pesticides or veterinary drugs to be published through broadcasting, motion pictures, TV programmes, newspapers, periodicals or other media, and other advertisements subject to examination as provided by laws or administrative rules and regulations, the competent administrative departments (hereinafter referred to as the advertisement examination organ) shall, prior to their publication, examine the contents of such advertisement in accordance with the relevant provisions of the laws or administrative rules and regulations; in the absence of such examination, such advertisements shall not be published.
Article 35 If an advertiser applies for the examination of its advertisement, the advertiser shall submit relevant supporting documents to the advertisement examination organ according to the laws or administrative rules and regulations. The advertisement examination organ shall, in accordance with the laws or administrative rules and regulations, make a decision on the examination.
Article 36 No unit or individual may counterfeit, alter or transfer the document of a decision on the examination of an advertisement.
Chapter V Legal Responsibility
Article 37 Where, in violation of the provisions of this Law, false propaganda for commodities or services has been conducted by making use of advertisements, the organ in charge of advertising supervision and control shall order the advertiser to stop publishing the advertisements and to use the same amount of its advertising expenses for making corrections in public within the corresponding areas, thus eliminating the effects, and shall impose on the advertiser a fine of not less than the amount of its advertising expenses but not more than five times that amount; the advertising agent and advertisement publisher who are held responsible shall be confiscated of their advertising charges and shall also be imposed therupon a fine of not less than the amount of the advertising charges and not more than five times that amount; if the circumstances are serious, the advertising business of such offenders shall be stopped according to law. If the case constitutes a crime, the offenders shall be investigated for criminal responsibility according to law.
Article 38 Where, in violation of the provisions of this Law, false advertisements have been published to cheat and mislead consumers, thus infringing upon the lawful rights and interests of consumers who have bought the commodity or accepted the service, the advertiser shall bear civil liabilities according to law; if an advertising agent or advertisement publisher, who knows clearly or ought to know that the advertisement is false, still designs, produces and publishes the advertisement, it shall bear joint and several liability according to law.
Where an advertising agent or advertisement publisher fails to provide the real name and address of the advertiser, it shall bear complete civil liability.
Where social organizations or other organizations have recommended commodities or services to consumers in false advertisements, thus infringing upon the lawful rights and interests of consumers, they shall bear joint and several liability according to law.
Article 39 Where an advertisement is published in violation of the provisions of paragraph 2 of Article 7 in this Law, the organ in charge of advertising supervision and control shall order the advertiser, advertising agent and advertisement publisher who are held responsible to stop publishing the advertisement and to make corrections in public, shall confiscate their advertising charges and shall also impose a fine thereon of not less than the amount of the advertising charges but not more than five times that amount; if the circumstances are serious, their advertising business shall be stopped according to law. If the case constitutes a crime, the offenders shall be investigated for criminal responsibility according to law.
Article 40 Where an advertisement is published in violation of the provisions of Article 9 to Article 12 of this Law, the organ in charge of advertising supervision and control shall order the advertiser, advertising agent and advertisement publisher who are held responsible to stop publishing the advertisement and to make corrections in public, shall confiscate their advertising charges, and may also impose a fine thereon of not less than the amount of the advertising charges but not more than five times that amount.
Where an advertisement is published in violation of the provisions of Article 13 of this Law, the organ in charge of advertising supervision and control shall order the advertisement publisher to make corrections and shall impose a fine thereon of not less than 1 000 yuan but not more than 10 000 yuan.
Article 41 Where, in violation of the provisions of Article 14 to Article 17 or of Article 19 of this law, an advertisement for pharmaceuticals, medical apparatus and instruments, agricultural pesticides, foods, alcoholic drinks or cosmetics is published, or an advertisement is published in violation of the provisions of Article 31 of this law, the organ in charge of advertising supervision and control shall order the advertiser, advertising agent and advertisement publisher who are held responsible to make corrections or to stop publishing the advertisement, shall confiscate their advertising charges, and may also impose a fine thereon of not less than the amount of the advertising charges but not more than five times that amount; and if the circumstances are serious, their advertising business shall be stopped according to law.
Article 42 Where, in violation of the provisions of Article 18 of this Law, an advertisement for tobacco is published through broadcasting, motion pictures, TV programmes, newspapers or periodicals, or an advertisement for tobacco is put up in public places, the organ in charge of advertising supervision and control shall order the advertiser, advertising agent and advertisement publisher who are held responsible to stop publishing the advertisement, shall confiscate their advertising charges, and may also impose a fine thereon of not less than the amount of the advertising charges but not more than five times that amount.
Article 43 Where, in violation of the provisions of Article 34 of this Law, an advertisement is published without the examination and approval of the advertisement examination organ, the organ in charge of advertising supervision and control shall order the advertiser, advertising agent and advertisement publisher who are held responsible
 |
|
发 表 评 论 |
- 企业推广
- 企业服务
