20 19 comparison between new advertising law and old advertising law

My lead: The new advertising law came into effect in September 1. The core governance of the new advertising law is to crack down on publishing false advertisements, which directly affects the income generated by the operation of traditional media units. The following are some comparisons between the old and new advertising laws that I have compiled for you. Welcome to read them for reference.

Comparison between old and new advertising laws

1995 advertising law

Revised advertising law

Chapter I General Provisions

Chapter I General Provisions

Article 1 This Law is formulated with a view to standardizing advertising activities, promoting the healthy development of the advertising industry, protecting the legitimate rights and interests of consumers, maintaining social and economic order and giving full play to the positive role of advertising.

Article 1 This Law is formulated for the purpose of regulating advertising activities, protecting the legitimate rights and interests of consumers, promoting the healthy development of the advertising industry and maintaining social and economic order.

Article 2 Advertisers, advertising agents and publishers shall abide by this Law when engaging in advertising activities in People's Republic of China (PRC).

The term "advertisement" as mentioned in this Law refers to commercial advertisements in which commodity operators or service providers directly or indirectly introduce the commodities they sell or the services they provide through certain media and forms at their own expense.

Advertisers as mentioned in this Law refer to legal persons, other economic organizations or individuals who design, produce and publish advertisements by themselves or by entrusting others for the purpose of selling goods or providing services.

Advertising agents mentioned in this Law refer to legal persons, other economic organizations or individuals entrusted to provide advertising design, production and agency services.

Advertisers mentioned in this Law refer to legal persons or other economic organizations that publish advertisements for advertisers or advertising agents entrusted by advertisers.

Article 2 This Law shall apply to commercial advertising activities in which commodity operators or service providers directly or indirectly introduce the commodities or services they promote through certain media and forms in People's Republic of China (PRC).

Advertisers mentioned in this Law refer to natural persons, legal persons or other organizations that design, produce and publish advertisements by themselves or by entrusting others for the purpose of promoting goods or services.

Advertising agents mentioned in this Law refer to natural persons, legal persons or other organizations entrusted to provide advertising design, production and agency services.

Advertisers mentioned in this Law refer to natural persons, legal persons or other organizations that publish advertisements for advertisers or advertising agents entrusted by advertisers.

Advertising spokespersons as mentioned in this Law refer to natural persons, legal persons or other organizations other than advertisers who recommend and certify goods and services in their own names or images in advertisements.

Article 3 Advertisements shall be truthful and lawful and meet the requirements of construction.

Article 3 Advertisements shall be true and lawful, with healthy contents, and meet the requirements of building and promoting the excellent traditional culture of the Chinese nation.

Article 4 Advertisements shall not contain false contents, and shall not deceive or mislead consumers.

Article 4 Advertisements shall not contain false or misleading contents, and shall not deceive or mislead consumers.

Advertisers should be responsible for the authenticity of advertising content.

Article 5 Advertisers, advertising agents and publishers shall abide by laws and administrative regulations and follow the principles of fairness, honesty and credibility when engaging in advertising activities.

Article 5 Advertisers, advertising agents and publishers shall abide by laws and regulations, be honest and trustworthy, and compete fairly when engaging in advertising activities.

Article 6 The administrative department for industry and commerce of the people's government at or above the county level is the advertising supervision and administration organ.

Article 6 The administrative department for industry and commerce of the State Council is in charge of the national advertising supervision and management, and the relevant departments of the State Council are responsible for the relevant advertising management within their respective functions and duties.

The local administrative departments for industry and commerce at or above the county level shall be in charge of the supervision and administration of advertisements within their respective administrative areas, and the relevant departments of the local people's governments at or above the county level shall be responsible for the relevant work of advertising management within their respective functions and duties.

Article 7 Advertising industry organizations shall, in accordance with the provisions of laws, regulations and articles of association, formulate industry norms, strengthen industry self-discipline, promote industry development, guide members to engage in advertising activities according to law, and promote the integrity construction of the advertising industry. (new)

Chapter II Advertising Guidelines

Chapter II Advertising Content Standards

Article 9 Advertisements indicating the performance, origin, use, quality, price, producer, expiration date and commitment of commodities or the content, form, quality, price and commitment of services shall be clear and definite.

If the advertisement indicates that the sale of goods or the provision of services are accompanied by gifts, it shall indicate the variety and quantity of the gifts.

Article 8 Advertisements showing performance, function, source, use, quality, composition, price, producer, expiration date, commitment, etc. The content, provider, form, quality, price, commitment, etc. The service should be accurate, clear and easy to understand.

If the advertisement indicates that the goods or services promoted are accompanied by gifts, it shall clearly state the variety, specifications, quantity, duration and method of the goods or services with gifts.

What should be clearly stated in an advertisement as stipulated by laws and administrative regulations should be clearly stated.

Article 7 The contents of advertisements should be beneficial to people's physical and mental health, promote the improvement of the quality of goods and services, protect the legitimate rights and interests of consumers, observe social morality and professional ethics, and safeguard the dignity and interests of the country.

Advertising shall not have the following circumstances:

(a) the use of the national flag, national emblem and national anthem of the people of China;

(2) Using the names of state organs and functionaries of state organs;

(three) the use of national, highest, best and other terms;

(four) hinder social stability, endanger personal and property safety, harm the public interest;

(5) Obstructing public order and violating good social customs;

(6) Containing obscenity, superstition, terror, violence and ugliness;

(seven) the content of ethnic, racial, religious and gender discrimination;

(eight) hinder the protection of the environment and natural resources;

(9) Other circumstances prohibited by laws and administrative regulations.

Article 9 An advertisement shall not be under any of the following circumstances:

(a) the use or disguised use of National Flag of the People's Republic of China, national anthem, national emblem, military flag, military song and military emblem;

(2) using or using in disguised form the name or image of a state organ or a functionary of a state organ;

(3) using terms such as "national level", "highest level" and "best";

(four) damage the dignity or interests of the state, revealing state secrets;

(5) Obstructing social stability and harming public interests;

(6) endangering personal and property safety and revealing personal privacy;

(7) Obstructing public order or violating good social customs;

(8) Containing obscenity, pornography, gambling, superstition, terror and violence;

(9) Content containing ethnic, racial, religious and gender discrimination;

(ten) hinder the protection of the environment, natural resources or cultural heritage;

(eleven) other circumstances prohibited by laws and administrative regulations.

Article 8 Advertisements shall not harm the physical and mental health of minors and disabled persons.

Article 10 Advertisements shall not harm the physical and mental health of minors and disabled persons.

Article 10 The data, statistics, survey results, abstracts and quotations used in advertisements shall be true and accurate, and the source shall be indicated.

Article 11 Where an advertisement involves matters that require administrative license, it shall be consistent with the contents of the license.

Advertisements cited by using data, statistics, survey results, abstracts, quotations, etc. shall be true and accurate, and the source shall be indicated. If the quoted content has the scope of application and the validity period, it shall be indicated.

Article 11 Where an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated.

Those who have not obtained the patent right shall not lie in advertisements that they have obtained the patent right.

It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising.

Article 12 Where an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated.

Those who have not obtained the patent right shall not lie in advertisements that they have obtained the patent right.

It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising.

Article 12 Advertisements shall not belittle the goods or services of other producers or operators.

Article 13 Advertisements shall not belittle the goods or services of other producers or operators.

Article 13 An advertisement should be identifiable so that consumers can recognize it as an advertisement.

The mass media shall not publish advertisements in the form of news reports. Advertisements published through the mass media shall be marked with advertising signs, which are different from other non-advertising information and shall not mislead consumers.

Article 14 An advertisement should be identifiable so that consumers can recognize it as an advertisement.

The mass media shall not publish advertisements in disguised form in the form of news reports. Advertisements published through the mass media should be marked with the word "advertisement" to distinguish them from other non-advertising information and must not mislead consumers.

Radio stations and television stations shall abide by the provisions of the relevant departments of the State Council on the length and manner of advertisements, and make obvious hints on the length of advertisements.

Sixteenth narcotic drugs, psychotropic drugs, toxic drugs, radioactive drugs and other special drugs, no advertising.

Article 15 No advertisements shall be published for narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs and other special drugs, pharmaceutical precursor chemicals, drug rehabilitation drugs, medical devices and treatment methods.

Prescription drugs other than those specified in the preceding paragraph can only be advertised in medical and pharmaceutical journals designated by the health administrative department of the State Council and the drug supervision and administration department of the State Council.

Article 14 Advertisements for drugs and medical devices shall not contain the following contents:

(1) It contains unscientific assertions or guarantees indicating efficacy;

(2) Indicating the cure rate or effective rate;

(3) Efficacy and safety compared with other drugs and medical devices;

(4) Using the names and images of medical scientific research units, academic institutions, medical institutions or experts, doctors and patients as proof;

(5) Other contents prohibited by laws and administrative regulations.

Article 15 The contents of drug advertisements must be based on the instructions approved by the health administrative department of the State Council or the health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.

Advertisements for therapeutic drugs that should be used under the guidance of doctors as stipulated by the state must indicate "purchase and use according to doctors' prescriptions".

Article 16 Advertisements for medical treatment, drugs and medical devices shall not contain the following contents:

(1) Assertions or guarantees indicating efficacy and safety;

(2) Explain the cure rate or effective rate;

(3) differences in efficacy and safety compared with other drugs, medical devices or other medical institutions;

(four) the use of advertising spokespersons for recommendation and proof;

(5) Other contents prohibited by laws and administrative regulations.

The contents of drug advertisements shall not be inconsistent with the instructions approved by the drug supervision and administration department of the State Council, and the taboos and adverse reactions shall be clearly marked. Prescription drug advertisements should be clearly marked "This advertisement is only for medical and pharmaceutical professionals to read", and non-prescription drug advertisements should be clearly marked "Please purchase and use according to the drug instructions or under the guidance of pharmacists".

Advertisements for medical devices recommended for personal use should be clearly marked "Please read the product manual carefully or purchase and use under the guidance of medical personnel". If there are taboo contents and precautions in the medical device product registration certificate, the advertisement shall clearly indicate that "the taboo contents or precautions are detailed in the instruction manual".

Article 19 The contents of advertisements for food, alcohol and cosmetics must conform to the hygiene licensing items, and medical terms or terms that are easily confused with drugs shall not be used.

Article 17 Except for advertisements for medical treatment, drugs and medical devices, it is forbidden to use any other advertisements that involve the function of disease treatment, and it is not allowed to use medical terms or terms that easily confuse marketed goods with drugs and medical devices.

Eighteenth health food advertisements shall not contain the following contents:

(1) Assertions or guarantees indicating efficacy and safety;

(2) Involving the functions of disease prevention and treatment;

(3) claiming or implying that the commodities advertised are necessary for health protection;

(4) Compared with medicines and other health foods;

(five) the use of advertising spokespersons for recommendation and proof;

(6) Other contents prohibited by laws and administrative regulations.

The advertisement of health food should clearly indicate that "this product cannot replace medicine".

Nineteenth radio stations, television stations, audio-visual publishing units of newspapers and periodicals, and Internet information service providers shall not publish advertisements of medical treatment, medicines, medical devices and health food in disguised form by introducing health knowledge.

Article 20 It is forbidden to publish advertisements for baby dairy products, drinks and other foods that claim to completely or partially replace breast milk in mass media or public places.

Seventeenth pesticide advertisements shall not contain the following contents:

(a) the use of non-toxic, harmless, etc. to express the absolute assertion of safety;

(2) containing unscientific assertions or guarantees indicating efficacy;

(3) containing words, language or pictures that violate the rules for the safe use of pesticides;

(4) Other contents prohibited by laws and administrative regulations.

Article 21 Advertisements for pesticides, veterinary drugs, feeds and feed additives shall not contain the following contents:

(1) Assertions or guarantees indicating efficacy and safety;

(two) using the name or image of scientific research institutions, academic institutions, technology promotion institutions, trade associations or professionals and users to make recommendations and certificates;

(3) explain the efficiency;

(4) Words, languages or pictures that violate the rules for safe use;

(5) Other contents prohibited by laws and administrative regulations.

Eighteenth prohibit the use of radio, film, television, newspapers and periodicals to publish tobacco advertisements.

It is forbidden to set up tobacco advertisements in various waiting rooms, theaters, conference halls, stadiums and other public places. Tobacco advertisements must be marked "Smoking is harmful to health".

Twenty-second it is forbidden to publish tobacco advertisements in the mass media or public places, public transport and outdoors. It is forbidden to send any form of tobacco advertisements to minors.

It is forbidden to publicize the name, trademark, packaging, decoration and similar contents of tobacco products by using advertisements and public service advertisements of other commodities or services.

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.

Twenty-third alcohol advertisements shall not contain the following contents:

(1) Induce, encourage or encourage excessive drinking;

(2) drinking alcohol;

(three) driving a car, a boat, an airplane and other activities;

(four) express or implied that drinking can eliminate tension and anxiety, increase physical strength and other effects.

Twenty-fourth education and training advertisements shall not contain the following contents:

(a) to enter a higher school, pass the examination, obtain a degree or qualification certificate, or make an express or implied commitment to the effect of education and training;

(two) express or implied that the relevant examination institutions or their staff, examination proposition personnel to participate in education and training;

(3) Using the names or images of scientific research institutions, academic institutions, educational institutions, trade associations, professionals and beneficiaries for recommendation and certification.

Article 25 Advertisements for commodities or services with expected return on investment, such as investment promotion, shall give reasonable hints or warnings about possible risks and risk responsibilities, and shall not contain the following contents:

(a) to make a commitment to guarantee the future effect, income or relevant information, express or imply capital preservation, risk-free or guaranteed income, unless otherwise stipulated by the state;

(two) using the name or image of academic institutions, industry associations, professionals and beneficiaries for recommendation and certification.

Twenty-sixth real estate advertising, housing information should be true, the area should be marked as construction area or interior construction area, and shall not contain the following contents:

(1) Commitment of appreciation or return on investment;

(two) the location of the project is expressed by the time required for the project to reach a specific reference;

(three) in violation of the relevant provisions of the state on price management;

(four) misleading propaganda on transportation, commerce, cultural and educational facilities and other municipal conditions under planning or construction.

Article 27 Advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic fry and breeding shall be true, clear and easy to understand, and shall not contain the following contents:

(1) making an assertion that cannot be scientifically confirmed;

(2) Assertions or guarantees indicating efficacy.

(three) to analyze and predict the economic benefits or make a guarantee commitment;

(four) using the name or image of scientific research institutions, academic institutions, technology popularization institutions, trade associations or professionals and users to make recommendations and certificates.

Article 28 An advertisement that deceives or misleads consumers with false or misleading contents is a false advertisement.

An advertisement in any of the following circumstances is a false advertisement:

(a) Goods or services do not exist;

(2) Information such as the performance, function, origin, use, quality, specifications, ingredients, price, producer, expiration date, sales status and honor of the goods, or information such as the content, provider, form, quality, price, sales status and honor of the services, and information related to the goods or services are inconsistent with the actual situation, which has a substantial impact on the purchase behavior;

(3) using fictitious, forged or unverifiable scientific research achievements, statistical data, survey results, abstracts, quotations and other information as proof materials;

(4) Fictitious use of goods or acceptance of services;

(5) Other circumstances that deceive or mislead consumers with false or misleading contents.

Chapter III Advertising Activities

Chapter III Advertising Code of Conduct

Article 26 Anyone who engages in advertising business shall have the necessary professional and technical personnel and production equipment, and shall register the company or advertising business according to law before engaging in advertising activities.

The advertising business of radio stations, television stations and newspaper publishing units shall be handled by their institutions specializing in advertising business, and shall be registered as part-time advertisements according to law.

Article 29 A radio station, television station and newspaper publishing unit engaged in advertising business shall set up an agency specialized in advertising business, be equipped with necessary personnel, and have a place and equipment suitable for advertising business, and register advertisements with the local administrative department for industry and commerce at or above the county level.

Article 20 Advertisers, advertising agents and publishers shall conclude a written contract in advertising activities according to law, clarifying the rights and obligations of all parties.

Article 30 Advertisers, advertising agents and publishers shall conclude written contracts in advertising activities according to law.

Article 21 Advertisers, advertising agents and publishers shall not engage in any form of unfair competition in advertising activities.

Article 31 Advertisers, advertising agents and publishers shall not engage in any form of unfair competition in advertising activities.

Article 22 An advertiser shall design, produce and publish advertisements by himself or by entrusting others, and the products or services he sells shall conform to the business scope of the advertiser.

Article 23 When an advertiser entrusts the design, production and publication of an advertisement, it shall entrust an advertising agent or publisher with legal business qualifications.

Article 32 When an advertiser entrusts the design, production and publication of an advertisement, it shall entrust an advertising agent or publisher with legal business qualifications.

Twenty-fourth advertisers themselves or entrust others to design, produce and publish advertisements, shall have or provide the following authentic, legal and effective documents:

(a) business license and other production and operation qualification documents;

(two) the certification documents issued by the quality inspection agency that the advertising content involves the quality of goods;

(3) Other documents confirming the authenticity of the advertising content. In accordance with the provisions of Article 34 of this Law, if the publication of advertisements needs to be examined by the relevant administrative departments, relevant approval documents shall also be provided.

Twenty-fifth advertisers or advertising agents who use the names and images of others in advertisements shall obtain the written consent of others in advance; Anyone who uses the name or image of a person without or with limited capacity for civil conduct shall obtain the written consent of his guardian in advance.

Article 33 Where an advertiser or advertising agent uses the name or image of another person in an advertisement, it shall obtain the written consent of the other person in advance; Anyone who uses the name or image of a person without or with limited capacity for civil conduct shall obtain the written consent of his guardian in advance.

Twenty-eighth advertising agents and publishers shall, in accordance with the relevant provisions of the state, establish and improve the registration, examination and file management system of advertising business.

Article 27 Advertising agents and publishers shall examine relevant documents and verify the contents of advertisements in accordance with laws and administrative regulations. Advertising agents shall not provide design, production or agency services for advertisements with false contents or incomplete supporting documents, and advertisement publishers shall not publish them.

Thirty-fourth advertising agents and publishers shall, in accordance with the relevant provisions of the state, establish and improve the registration, examination and file management system of advertising business.

Advertising agents and publishers shall examine relevant supporting documents and check the contents of advertisements in accordance with laws and administrative regulations. Advertising agents shall not provide design, production or agency services for advertisements with inconsistent contents or incomplete supporting documents, and advertisement publishers shall not publish them.

Twenty-ninth advertising fees should be reasonable and open, and the charging standards and methods should be filed with the price and industrial and commercial administrative departments.

Advertising agents and publishers shall announce their charging standards and methods.

Thirty-fifth advertising agents and publishers shall publish their charging standards and methods.

Thirtieth advertising publishers to advertisers, advertising operators to provide media coverage, ratings, circulation and other information should be true.

Article 36 The coverage, audience rating, click-through rate, circulation and other information provided by advertising publishers to advertisers and advertising operators shall be true.

Thirty-first laws and administrative regulations prohibit the production and sale of goods or services, prohibit advertising for goods or services, and may not design, produce or publish advertisements.

Article 37 No unit or individual may design, produce, act as an agent or publish advertisements for products or services whose production and sale are prohibited by laws and administrative regulations, or for goods or services whose advertising is prohibited.

Article 38 When recommending and proving commodities and services in advertisements, advertising spokespersons shall be based on facts and the provisions of this Law and relevant laws and administrative regulations, and shall not recommend or prove commodities or services that they have not used or accepted.

Minors under the age of ten shall not be used as advertising spokespersons.

A natural person, legal person or other organization that makes recommendations in false advertisements and proves that it has been subject to administrative punishment for less than three years shall not act as an advertising spokesperson.

Thirty-ninth primary and secondary schools and kindergartens shall not carry out advertising activities, and shall not use textbooks, teaching AIDS, exercise books, stationery, teaching AIDS, school uniforms and school buses for primary and secondary school students and children to publish or publish advertisements in disguised form, except for public service advertisements.

Fortieth, advertisements for medical treatment, medicines, health food, medical devices, cosmetics, alcohol, beauty and online games that are not conducive to the physical and mental health of minors shall not be published in the mass media for minors.

Advertisements for goods or services aimed at minors under the age of fourteen shall not contain the following contents:

(a) to persuade them to ask their parents to buy advertising goods or services;

(two) may lead to its imitation of unsafe behavior.

Thirty-third outdoor advertising planning and management measures shall be formulated by the local people's governments at or above the county level to organize advertising supervision and management, urban construction, environmental protection, public security and other relevant departments.

Forty-first local people's governments at or above the county level shall organize relevant departments to strengthen supervision and management of the use of outdoor places, spaces and facilities. Publish outdoor advertisements and formulate the planning and safety requirements for outdoor advertisements.

Measures for the administration of outdoor advertising shall be stipulated by local laws and regulations of local governments.

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