Interpretation of the new advertising law 20 19

On the afternoon of April 24th, the 14th session of the 12th the National People's Congress Standing Committee (NPCSC) concluded. The meeting passed the newly revised advertising law with 152 votes in favor, 6 votes against and 6 abstentions. Subsequently, the General Office of the National People's Congress Standing Committee (NPCSC) held a special press conference in the Provincial Office of Taiwan Province in the Great Hall of the People, inviting Gan Lin, deputy director of the State Administration for Industry and Commerce, and Wang, director of the Economic Law Office of the the National People's Congress Standing Committee (NPCSC) Law Commission, to give a detailed explanation of the focus of media reporters.

Anyone has the right to report and complain about illegal advertisements.

Regarding the specific content of the new advertising law in protecting consumers' rights and interests, Wang said that the new advertising law has further strengthened the protection of consumers' rights and interests from three aspects.

First, increase the crackdown on false advertisements. False advertising deceives and misleads consumers, which affects the healthy development of advertising industry and damages social and economic order. It is one of the worst illegal acts in the advertising field. The new advertising law summarizes practical experience, clarifies the specific situation of false advertisements in the form of definition and enumeration, further clarifies the responsible subject and increases the punishment.

Secondly, in view of the outstanding problems in practice and the problems strongly reflected by the masses, we should make targeted norms: in view of the outstanding problems in health food advertisements, we should increase the provisions of health food guidelines, and health food is forbidden to speak on behalf of others, and it is forbidden to involve the functions of disease prevention and treatment; In view of the problem that radio stations and TV stations publish advertisements in disguised form in practice, it is clearly required that the mass media should clearly mark "advertisement" when publishing advertisements, which is different from other non-advertising information and aggravates the legal responsibility of publishing advertisements in disguised form; In view of the overflow of junk information in practice, a regulation has been added: without the consent or request of the parties, no unit or individual may send advertisements to their residences or means of transportation or send advertisements to them by electronic information.

The third is to strengthen public participation and social supervision. Give full play to the role of the public in investigating illegal advertisements, and clearly stipulate that any unit or individual has the right to complain and report violations of this law to the administrative department for industry and commerce and relevant departments. The department receiving the complaint or report shall handle it within seven working days from the date of receiving the complaint or report, and inform the complainant or informant. At the same time, give full play to the power of social supervision, and stipulate that consumer organizations such as consumer associations should conduct social supervision according to law on publishing false advertisements that infringe on the legitimate rights and interests of consumers.

The illegal cost of false advertising has greatly increased.

When asked by a media reporter whether the industrial and commercial authorities have any specific new measures to rectify false advertisements under the framework of the new advertising law, Gan Lin said that false advertisements not only damage the legitimate rights and interests of consumers, undermine social integrity, but also undermine the order of the advertising market, which is the most serious behavior among all kinds of illegal advertisements at present, with the strongest social repercussions and the heaviest social harm. The new advertising law specifically stipulates the composition conditions of false advertisements, which greatly increases the illegal cost of false advertisements. It is believed that it can improve the operability of advertising law and play an important role in curbing false advertising behavior and protecting the legitimate rights and interests of consumers.

In view of the legal responsibility of advertising spokespersons for false advertisements that media reporters are concerned about, Gan Lin said that according to the principle of consistent rights and obligations, advertising spokespersons must also bear corresponding legal obligations. Advertising spokespersons shall make recommendations for goods and services in advertisements based on facts and in accordance with the provisions of the new advertising law and relevant laws and administrative regulations, and shall not make recommendations for unused goods or services that have not been accepted. As an industrial and commercial department, it will definitely put the norms of advertising endorsement in place in the specific law enforcement and supervision practice in accordance with the requirements of the new advertising law.

Mass media prohibit tobacco advertising.

Compared with the advertising law of 1995, the provisions of the new advertising law on tobacco advertising have been greatly revised. Gan Lin said that the new advertising law has further strengthened strict control, clearly stipulating that it is forbidden to publish tobacco advertisements in mass media or public places, public transport and outdoors, and it is forbidden to send any form of tobacco advertisements to minors. At the same time, in order to avoid publishing tobacco advertisements in disguised form, the new advertising law has added provisions prohibiting the use of public service advertisements of other commodities or services to promote the name, trademark packaging, decoration and similar contents of tobacco products. The name change and recruitment notice issued by the producer or seller of tobacco products shall not contain the name, trademark, packaging, decoration and similar contents of tobacco products. As the law enforcement agency of advertising supervision, the industrial and commercial authorities will strengthen the supervision of tobacco advertising, revise and improve the regulations of relevant departments of tobacco advertising, and seriously investigate and deal with illegal cases of tobacco advertising in accordance with the relevant provisions of the new advertising law.

Wang said that the enforcement of tobacco advertising is more complicated. After the implementation of the new advertising law, it is necessary to constantly sum up experience in practice and constantly improve relevant regulatory laws and regulations.

No one is allowed to speak for drug advertisements.

When asked by a media reporter about the differences between the provisions of the new Advertising Law on health food, medicines and medical devices and a series of previous provisions, Wang said that the biggest difference is that the provisions on the publication standards of health food advertisements have been added, and six items that should not be included in health food advertisements have been clarified. For the advertisement of health food, these six contents are a highlight of this time.

Wang also said that for drug advertisements, the new advertising law specifically increased the provision that no one can speak for them. The previous relevant regulations did not have such a wide scope. Drug advertisements must clearly indicate taboos and adverse reactions, which is a new increase. The increase of these contents will play a great role in regulating the advertisements of drugs and health food, medical devices and medical services. It is hoped that in the practice of advertising law in the future, relevant enterprises and people in the advertising industry will pay attention to some common illegal behaviors in the advertising process of medical drugs, medical devices and health care products, and seriously regulate their behaviors in accordance with the advertising law.