What are the new regulations adopted by the new advertising law?

Aspect 1: Adverse reactions should be clearly marked in drug advertisements

The contents of drug advertisements should not be inconsistent with the instructions approved by the drug supervision and administration department of the State Council, and the contraindications and adverse reactions should be clearly marked.

In a word, it is necessary to further strictly regulate drug advertisements in order to ensure drug safety and protect patients' rights and interests.

Aspect 2: Non-pharmaceutical advertisements of health food shall not involve disease prevention

Health food advertisements shall not involve the functions of disease prevention and treatment, and shall not claim or imply that the advertised goods are necessary for health protection, and shall clearly indicate that "this product cannot replace drugs".

In a word, health food, like ordinary food, does not have the effect of treating diseases, and the illegal situation of health food advertising is serious in practice. Therefore, the third review draft has made a separate article on the advertising criteria of health food and made more targeted and strict norms.

Aspect 3: Drugs and health food advertisements are forbidden in the health column

Radio stations, television stations, audio-visual publishing units of newspapers and periodicals, and Internet information service providers are not allowed to publish advertisements of medical treatment, drugs, medical devices and health food in disguised form by introducing health and health preservation knowledge.

In a word, some media publish advertisements for drugs and health foods in disguised forms, such as health talks and health programs, which have caused damage to consumers' rights and interests from time to time. Special provisions in the law will effectively prevent unscrupulous merchants from "fooling" consumers.

Aspect 4: Advertisements of breast milk substitutes cannot be "posted" in public places

It is forbidden to publish advertisements of baby dairy products, drinks and other foods claiming to replace breast milk in whole or in part in mass media or public places.

In a word, breast milk is the most natural, safe and complete natural food for babies to grow up, and breast-feeding should be encouraged and promoted.

Aspect 5: Tobacco advertisements are prohibited in mass media and public places

Tobacco advertisements are prohibited in mass media or public places. The notice of relocation, renaming and recruitment issued by the producer or seller of tobacco products shall not contain the name, trademark, packaging, decoration and similar contents of tobacco products. Producers or sellers of tobacco products shall not use advertisements or public service advertisements of other commodities or services to publicize the names, trademarks, packaging, decoration and similar contents of tobacco products.

One sentence: Want to publish tobacco advertisements in disguised form through advertisements of other commodities or public service advertisements? This kind of behavior doesn't work either.

Aspect 6: Those who have endorsed false advertisements will be banned for three years.

Natural persons, legal persons or other organizations who have made recommendations in false advertisements and proved that they have been subjected to administrative punishment for less than three years shall not use them as advertising spokespersons.

You can't just answer an advertisement in one sentence. In order to protect the legitimate rights and interests of consumers, the responsibility of advertising spokespersons should be further strengthened and the endorsement activities should be more strictly regulated.

Aspect 7: Illegal advertising, or revocation of medical institution's practice license

If the circumstances of illegal advertising by medical institutions are serious, besides being punished by the administrative department for industry and commerce in accordance with this law, the administrative department of health may revoke the diagnosis and treatment subjects or revoke the practice license of medical institutions.

Interpretation in one sentence In fact, China's "Measures for the Administration of Medical Advertisements" has made relevant provisions on the advertising behavior of medical institutions; This rise to the legal level to increase penalties for medical institutions that illegally publish advertisements also shows the determination to strengthen the management of medical advertisements.

Aspect 8: Departments work together to control illegal advertisements

If the press, publication, radio, film and television departments and other relevant departments fail to deal with radio stations, television stations, newspapers, audio-visual publishing units with illegal advertisements according to law, the responsible persons in charge and the persons directly responsible shall be punished according to law.

In a word, the management of illegal advertisements requires the joint efforts of all departments. Besides strengthening supervision by the industrial and commercial departments, the media authorities such as press, publication, radio and television should also earnestly perform their supervisory duties on media activities.

how to ensure the enforcement and social awareness of the new advertising law? How to improve the level of advertising supervision and law enforcement according to the new Advertising Law? How will the new Advertising Law help mass entrepreneurship and innovation? How to cooperate with increasing the power of decentralization and deepening the reform of the commercial system? How can the new Advertising Law help innovative entrepreneurs to provide more policy opportunities and greater development space? At 1: on April 3th, 215, Zhang Guohua, Director of the Advertising Supervision and Management Department of the State Administration for Industry and Commerce, and Liu Shuangzhou, Vice President and Professor of the School of Law of the Central University of Finance and Economics, visited the Chinese government website to communicate with netizens online about the new Advertising Law and answer their questions.

The new Advertising Law is big, but it is not easy to sharpen a sword in ten years.

Director Zhang Guohua of the Advertising Supervision and Management Department of the State Administration for Industry and Commerce first introduced that the advertising law promulgated 2 years ago was adapted to the situation of the advertising market at that time. Today, it has grown from more than 2 billion to more than 5 billion, from traditional media to various media, various forms and technologies of advertising promotion, and the existing advertising law has been unable to maintain the existing market order. Based on this background, from ten years ago, SAIC and the State Council Legislative Affairs Office started to revise the advertising law. Because the advertising market and advertising technology have developed rapidly in the past ten years, there is always a feeling that they can't keep up with the situation. However, the people's voice for the maintenance of the advertising market order and the need for the protection of consumers' interests require us to amend the advertising law as soon as possible. Therefore, this time, the National People's Congress Standing Committee (NPCSC) passed the amendment of the advertising law on April 24th, so that this advertising law can basically adapt to the current role of regulating and supervising the advertising market order.

Liu Shuangzhou, deputy dean of the School of Law of the Central University of Finance and Economics, mentioned that the revision of the advertising law was actually started in 24, but because the law needs to be stable in implementation, the law cannot be changed overnight. It is not good to make a big change just after it was passed in 1995 and only ten years later. Therefore, the State Administration for Industry and Commerce and other departments have issued a large number of rules, regulations and methods. After more than ten years of operation and practice, a large part of these rules, regulations and methods have matured, and now they have to be upgraded to the legal level, so the advertising law has been revised in a relatively large and systematic way. It is not easy to sharpen a sword in ten years. Originally, only eight of the 49 articles were left untouched, and 33 articles were added. Now, the total number of articles has reached 75, which should be a comprehensive revision, with amendments instead of amendments.

The new Advertising Law has been greatly revised. Zhang Guohua summarized its ten characteristics.

Zhang Guohua went on to say that the advertising law has been greatly revised, from 49 articles to 75 articles, with 33 articles added, 3 articles deleted and 37 articles revised at the same time. There are only eight articles that keep a word in the original text. This revision can be summarized as follows: first, enrich and refine the advertising content criteria. The second is to clarify the definition and typical form of false advertising. Third, the legal obligations and responsibilities of new advertising spokespersons are stipulated. The fourth is to strictly control the release of tobacco advertisements. Fifth, new regulations on advertising management for minors are added. Sixth, new regulations on Internet advertising have been added. Seventh, the supervision of advertising behavior of mass media has been strengthened. Eighth, increase public service advertisements and expand the scope of adjustment of advertising law. Nine is to clarify and strengthen the responsibilities and powers of industrial and commercial organs and relevant departments to supervise the advertising market. Ten is to further improve the deterrent power of legal responsibility.

celebrity endorsement of illegal advertisements cancels the qualification of the third generation.

The media can be disqualified from publishing false advertisements.

Zhang Guohua explained the punishment of the new advertising law to netizens with examples. In addition to fines, the publication of advertising business can be suspended, and in serious cases, the qualification for publishing advertisements can be revoked. This is very heavy for a media. As we all know, the media relies on advertising to make a living. Revoking its advertising license is equivalent to smashing him.

A celebrity has endorsed an illegal advertisement, and he is not eligible to speak again within three years. At the same time, celebrity endorsement of illegal advertisements is also a great harm to his honor. In the past, because there were no specific provisions, it was replaced by a substitute, and there was no legal investigation and no civil investigation, so the damage to his honor was not great. This time, if he endorses illegal advertisements, it will definitely become a news hotspot, and he will stop his qualification for endorsement advertisements for three years, which will also pay a great price for the star himself. On the whole, some stars are good, but there are also some irresponsible ones.

Zhang Guohua: All the new problems that can be identified are expressed in the Internet advertising management measures

In response to the host's main grasp and ideas in supervising Internet advertising, Zhang Guohua replied: "We revealed a message at the party on March 15th this year, and we are entrusting Zhejiang Industrial and Commercial Bureau to build an Internet advertising data center, or we can also call it an Internet advertising monitoring center. At present, it is initially set as 1 major monitoring websites, which can account for more than 95% according to the current share of the Internet advertising market and basically cover it. Some small ones have a small amount of media. We will distribute the monitored illegal Internet advertisements to the local industrial and commercial enterprises according to their IP addresses and registered places, so that they can investigate and deal with them. But as you said, Internet advertising is a complicated new thing. It is virtual. Unlike TV and newspaper advertisements, the TV station is there and the publishing unit of the newspaper is there. Sometimes you may not find it according to the IP address and registration place. In addition, it is online, it has no geographical location, and its advertisements can be seen all over the world and all over the country, so it is very troublesome to choose who is the main body of handling cases, and sometimes the server is outside the country, which also brings difficulties to handling cases. There is also the judgment of advertising, such as linked advertising, which has a crawler technology. You click on keywords or search, and it comes out at once. Whose responsibility is this? And so on these new problems, we are all studying. In the upcoming Internet advertising management measures, everything that can be identified now has been expressed. "

The mass media can't publish advertisements for tobacco, breast milk and other products.

Liu Shuangzhou emphatically introduced that this advertising law regulates the advertising behavior of the mass media in detail, and there are obvious provisions in at least eight aspects. First, the mass media can't advertise by news in disguise. Second, as long as it is an advertisement, it must be marked as "advertisement" to let consumers know that it is "advertisement" and consumers can identify it. Thirdly, it is clearly required that radio stations and TV stations should abide by the regulations on the length and method of advertising, that is, when and how many minutes, and advertisements can be issued for a few minutes between programs, the length of time should be clear, and it is necessary to clearly identify how many minutes there are in the advertisements. You can't use the form of introducing health and preserving health to advertise drugs, medical devices and health food in disguise.

advertisements for dairy products, foods or beverages that replace breast milk cannot be published. There is also tobacco advertising, and the mass media cannot publish tobacco advertisements. If the mass media want to carry out advertising business, this time we call it the release registration system, which used to be a business license, and now it is called the release registration system. There is also what Director Zhang said, which clearly regards the release of public service advertisements as the legal obligation of the mass media, and the specific layout, time slot and duration of the release should be specially stipulated. Also, this advertising law authorized the administrative department for industry and commerce of the State Council to work with other relevant departments in the State Council to formulate a code of conduct specifically for mass media to publish advertisements, and this right was given to the State Administration for Industry and Commerce. It should be said that this regulation is very comprehensive, and many of them are newly added.

Rectify the market order and ensure the healthy development of the industry through the new Advertising Law

Finally, Zhang Guohua concluded that China has now become the second largest advertising market in the world except the United States. The state also actively supports the advertising industry. The document on supporting cultural and creative industries issued by the State Council has also included the advertising industry in the cultural and creative industries. At the same time, in the past two years, the central government has financially supported the establishment of 32 national advertising parks and national pilot advertising parks throughout the country, and the state has also given corresponding financial support. He also said that from the national support for cultural and creative industries, advertising projects have also been included in the cultural and creative industries project library. The national policy on advertising development is still relatively good, and it still gives considerable support. The promulgation of this new advertising law can also be said to be a powerful guarantee for the development of the advertising industry. Only when an industry is healthy can it develop rapidly. If an industry is badly done, it will have problems. The state also supports the healthy development of the advertising industry. Through the promulgation and implementation of this law, the order of the advertising market can be better rectified, and the weeds in the current mixed aspects can be removed, so that the advertising industry can develop more healthily and rapidly, and at the same time, the advertising industry can establish a better image among the people and consumers.

Liu Shuangzhou finally added: "I very much agree with Director Zhang's analysis. On the surface, this advertising law has a greater obligation and responsibility for the industry, but from another perspective, the new advertising law is actually a greater protection for the industry, because in addition to protecting advertising behavior and protecting consumers' rights and interests, it also promotes the development of the advertising industry, which is one of the purposes of legislation. This time, there is also a provision for industry self-discipline and promoting the development of the advertising industry. "