The market supervision office is clear!These ads must not be released in the Internet →

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The market supervision office is clear!These ads must not be released in the Internet →

2021-11-28 00:02:58 32 ℃

On November 26, the State Market Supervision Administration website issued the "Internet Advertising Management Measures (Public Dramant Draft)" and disclosed opinions. The full text is as follows:

Announcement on the Opinions on the Market Supervision Administration on "Internet Advertising Management Measures (Public Sourcing Opinions)"

In order to further improve the Internet advertising regulatory system, enhance the scientific and healthy development of Internet advertising supervision, promote the continued healthy development of the Internet advertising industry, according to the laws of the People's Republic of China, the General Administration of China is revised "Interim Measures for Internet Advertising Management" On the basis of drafting the "Internet Advertising Management Measures (Public Sourcing Opinions)", now disclose opinions from society. The general public will give advice and make an opinion before December 25, 2021 through the following ways:

I. Log in to the State Market Supervision Administration website (Website: http://www.samr.gov.cn), comments on the "Collection Survey" in the Home "Interaction" column.

Second, send an opinion to: [email protected], please follow the words "Internet Advertising Management Measures" in the message title.

Third, through the way the opinion is sent to: Advertising Division of Market Supervision, No. 8 Sanlihe East Road, Xicheng District, Beijing (Zip: 100820), and in the envelope, "Internet Advertising Management Measures".

Internet Advertising Management Measures (Public Dream Draft)

Article 1 To standardize Internet advertising activities, protect consumers' legitimate rights and interests, promote the healthy development of Internet advertising industry, safeguard the market economy order of fair competition, according to the People's Republic of China (hereinafter referred to as advertising law) " Law, administrative regulations such as the Commercial Law (hereinafter referred to as e-commerce law).

Article 2 In the territory of the People's Republic of China, use Internet media such as websites, web pages, Internet applications, trade advertising activities, direct or indirectly selling goods or services, using business advertising activities, direct or indirectly selling goods or services in text, pictures, audio, video or other forms, The provisions of these Measures. In a commercial display, in accordance with legal, administrative regulations, rules, regulations, the name, specifications, model, level, price, usage method, production method, precautions, and other information provided to consumers should be provided to consumers. Its provisions.

Article 3 The advertisers of this Measures refer to natural persons, legal persons or other organizations that are designed, produced, and publish Internet advertisements for sales of goods or services. The above-mentioned Internet advertising operators refer to natural persons, legal persons or other organizations that accept entrusted Internet advertising design, production, proxy services. The publisher of the Internet advertising publisher referred to in this Measures refers to the natural person, legal or other organization that uses the Internet media to advertise the advertiser or advertising owner. The above-mentioned Internet information service provider refers to natural persons, legal persons or other organizations that provide information services through the Internet.

Article 4 Internet advertising shall be true, legal, adhered to the correct orientation, express advertising content in health, in line with the construction of socialist spiritual civilization and promote the excellent traditional culture of the Chinese nation. The main body of the Internet advertising market should comply with law, administrative regulations, regulations, and relevant national regulations, honesty and credit, fair competition.

Article 5 Encourages and supports the advertising industry organizations in accordance with legal, regulations, regulations, and relevant national regulations, develop industry standards, self-discipline, and related standards, strengthen industry self-discipline, and guide all kinds of Internet advertising market subjects to actively practice socialist core values, according to law Engaged in Internet advertising activities, promoting the integrity and moral construction of the advertising industry, and promotes the healthy development of the Internet advertising industry.

Article 6 Laws, administrative regulations Provide services or services provided by production, sales, and banned goods or services that prohibit advertising, any unit or individual may not use Internet design, production, proxy, and publish advertisements. Do not use the Internet to publish and tobacco advertisements.

Article 7 Medical, drugs, special medical use formulas, medical equipment, pesticides, veterinary drugs, health food advertisements and other laws, administrative regulations require advertisements that must be reviewed by advertising reviews, unreasonable, no review . For advertising that must be reviewed, it should be strictly released in accordance with the content adopted by the review, should not be clipped, spliced, modified, and may not increase the link, QR code and other content. If the adopted advertising content needs to be changed, it shall re-apply for an advertising review.

Article 8 Internet advertising shall have identifications that enable consumers to identify their advertisements. Through the Internet media, in the form of bidding, news reports, experience sharing, consumption evaluation, or other forms of contact with shopping links, the "advertisement" should be significantly indicated.

Article 9 By starting play, video insertion, pop-up, etc., the Internet advertisement, which should be significantly indicated, ensuring that a button is closed, and there should be no further:

(1) There is no closure flag or requires a countdown end to close;

(2) Close the logo false, unclear identification or positioning;

(3) Realizing the shutdown of a single advertisement, must be clicked twice;

(4) Continue to pop up advertisements after browsing the same page.

(5) Other behaviors affecting one-button close.

Do not deceive, misleading, to attract users to click on advertising.

Article 10 Do not use the Internet to release an off-campus training advertisement for primary and secondary schools and kindergartens. Do not use Internet media for minors, web, and Internet applications, etc.

Article 11 The advertiser shall be responsible for the authenticity and legality of the content of the Internet advertising. The advertiser issues the principal identity, administrative license, and citation content of Internet advertising, should be true, legal, and effective. The advertiser can publish advertisements by self-helicitting websites or other Internet media with legal use rights, or entrusting Internet advertising operators, advertising publishers issued advertising. The advertiser issues Internet advertising, and should ensure that the issuance of the law, administrative regulations, and performs the account management of the advertising publisher to bear the file management in accordance with the law. The advertisement owner will release Internet advertising to modify the advertising content, and the advertising publisher of the advertising publisher of the advertisement can be notified in writing or other can be confirmed. Overseas advertisers in the territory have no representation or branches, through cross-border e-commerce platforms or entrustment to release cross-border e-commerce retail imported commodity advertising, advertisers should be written to provide declaration, payment, logistics to customs. The domestic market entities of the warehousing should bear the responsibility of the advertiser.

Article 12 Internet advertising operators, publishers should abide by the following provisions:

(1) Established, improve Internet advertising business, review, and archive management system;

(2) Audit check and register information, record, save the information, record, save the advertising activities of information, record, and establish registration files and regularly verify updates, and the relevant file save time is ended from the date of the advertisement. Not less than three years;

(3) Check the advertising documents, check the advertising content, does not match the content, should be made without obtaining an advertisement for administrative licenses or other proof documents, the Internet advertising operator shall not provide design, production, proxy service, and Internet advertising publisher release;

(4) Equipped with advertising auditors who are familiar with advertising laws and regulations, there should be special agencies, responsible for Internet advertising review;

(5) Participate in the advertising industry statistical survey, real, accurate, complete, and timely provisional statistics.

Article 13 Platform operators who provide Internet information services shall take measures to prevent, stop false illegal advertisements, improving discovery, and disposing for illegal criminal activities, providing advertising promotion and implanting malicious code in advertising services or inserting illegal information. And observe the following provisions:

(1) Record, save advertisers, and Internet advertising operators, advertisements, address, contact information, etc.

(II) Monitoring, inspecting, known or known to publish illegal advertisements using their information service display, publishing, should be made to correct, delete, shield, disconnect links, and retain relevant records, In the case of illegal crimes, it is reported to the public security organs in time;

(3) Establish an effective complaint, report acceptance and disposal mechanism, and set up a convenient complaint report or publish a complaint report method, timely accept and dispose of public complaints;

(4) Cooperating with the market supervision and administration department to carry out advertising monitoring according to law;

(5) Cooperate with the market supervision and management department to investigate and deal with the illegal act of Internet advertising according to the law, and in accordance with the requirements of the market supervision and management department, the technical means to save the evidence of illegal advertisements in time, and provide relevant advertisers and Internet advertising operators, advertising publishers Name, name, contact information, advertisement related records and information such as goods or services involved;

(6) Measures such as aware of the responsibility subjects that use their information services to release false illegal advertisements in accordance with the service agreements and rules, and publicize them to the public.

Article 14 Release Internet advertising using algorithm recommendations, and the background data of its launch procedure belongs to Internet advertising business files. Internet advertising business files and related certification documents have no less than three years from the date of termination of advertising publishing behavior; laws and administrative regulations, according to their provisions.

Article 15 Use the Internet to release, send advertisements, and must not affect the user's normal use of the network. Do not add an advertisement or advertisement link to the email or advertisement information sent by the user or the Internet instant messaging information, and may not be sent to its vehicle, navigation equipment, smart home appliances. Do not insert an advertisement when the user searches for a government service website and related applications.

Article 16 Releases Internet advertising, advertisers and Internet advertising operators with links, and advertising publishers should check the advertisements in the next level. Internet advertising operators, advertising publishers can prove that they have fulfilled their relevant responsibilities, take measures to prevent links from being tampered with, and provide the real name, address and contact information of the illegal discipline body, can be light, mitigated or not Administrative punishment. Article 17 The Internet live content constitutes commercial advertisements, and the live broadcast of operators, live marketing staff should fulfill the responsibility and obligation of Internet advertising operators, advertising publishers or advertising spokespersons. Do not use Internet live broadcasts, medical, drugs, special medical use formulas, medical equipment, or health food advertisements.

Article 18 Administrative penalties for Internet advertising violations, governed by the market supervision and administration of advertising publishers. The market supervision and administration department of advertising publisher has difficulties in the off-site advertisers, advertising operators, Internet information service providers, and advertising spokespersons, and the advertisers, advertising operators, and Internet information service providers can transfer advertisers. Advertising operators, Internet information service providers deal with the market supervision and management department; involving advertising spokespersons, they can transfer their illegal situations to the advertising spokesperson brokerage company registration, advertising spokesperson's household registration or residential market supervision and management department. The advertiser is located, the market supervision and management department of advertising operators will discover illegal clues or receive complaints, reporting, and can be judged. The act of administrative penalties for the illegal Internet advertising issued by the advertisers, and is governed by the market supervision and management department of the advertiser.

Article 19 The market supervision and management department can exercise the following powers when investigating the illegal Internet advertising:

(1) Implement on-site inspection on places suspected of engaging in illegal advertising activities;

(2) Inquiry, suspected of illegal or legal representatives, main person in charge, and other relevant personnel, conduct investigations for relevant units or individuals;

(3) Requirements suspected of illegal parties provide relevant certificates within a time limit;

(4) Review, copying contracts, bills, books, advertising works, and Internet advertising background data, using screen capture, recording screen, web page save, taking pictures, recording, recording, etc. to confirm the Internet advertising content;

(5) Sealing, seizing, seizures, advertising items, business tools, equipment, etc. related to alleged illegal advertisements;

(6) Order the suspected illegal advertisement that may cause serious consequences;

(7) Other functions required by law and administrative regulations.

When the market supervision and management department exercises the powers set by the previous paragraph, the parties should assist, cooperate, and must not refuse, obstruct or conceal the real situation.

Article 20 Market Supervision and Administration Department's technical monitoring and record of Internet advertising, it can be used as an electronic data evidence for administrative punishment or administrative measures to illegal Internet advertising.

Article 11 Specifications of Article 6 of these Measures Provisions, using Internet advertising to market products or services provided by producing, selling, or prohibiting publishing advertising goods or services, in accordance with the Adventitudes Article 57 The five provisions shall be punished. In violation of the provisions of Article 2 of these Measures, use the Internet to release office drugs, tobacco advertising, and in accordance with Article 57 of the Advertising Law, the provisions of the fourth item shall be punished.

Article 22 If the provisions of Article 7 of these Measures shall, the publication of Internet advertising without reviewing the advertising documents shall be issued in accordance with the provisions of Article 58 of the Advertising Law. .

Article 23: Article 8 of these Measures stipulates that Internet advertising does not have identifiable, and shall be punished according to the provisions of Article 59, paragraph 3, of the advertising law.

Article 24 Specifications in accordance with Article 9 of these Measures, use the Internet to publish advertisements, not significantly indicate that the closing mark is not significantly displayed, and the one-button close shall be punished according to the provisions of Article 62 of the Advertising Law. Violation of the provisions of Article 9 of these Measures, in deception, misleading method, to order the user to click on the advertisement, ordered the market supervision and administration department of the county level or above, and the advertiser, advertising operator, advertising publisher Three times the illegal basis, but the highest is not more than 30,000 yuan; there is no illegal income, and the following fine shall be imposed under 10,000 yuan.

Article 15 These paragraphs of paragraph 1 of these Measures shall be issued by the Internet to issue an off-campus training advertisement. If the market supervision and management department of county level is ordered, the advertiser, advertising operator, advertising publisher Three times the penalty of less than three times, it is not more than 30,000 yuan; there is no illegal income, and the law and administrative regulations shall be provided with respect to law enforcement agencies and legal responsibilities, according to their provisions. In violation of Article 5, paragraph 2, according to Article 57 of the Advertising Law, in accordance with the provisions of Article 57 of the Advertising Law.

Article 26 In violation of Article 12, two, third terms, and Article 14 of these Measures, the Internet advertising operators, advertising publishers have not established according to regulations, and improve the advertising business management system. Or do not check the content of the advertising, punishment in accordance with Article 60 of the Advertising Law. In violation of Article 12 of these Measures, the advertising industry statistical survey information is not provided as required, and the county-level market supervision and management department shall order correct, and a fine of not less than 10,000 yuan. Article 27 The Internet platform operators violate the relevant provisions of the first provisions of Article 13 of these Measures shall be punished according to the relevant regulations of the Administrative Regulations. Violation of Article 13 of these Measures, the Internet platform operators know or should know that the Internet advertising activities shall be punished according to the provisions of Article 63 of the Advertising Law. The Internet platform operators violate these Article 13, the fourth, fifth items, and the sixth provisions of the fourth item, ordered by the market supervision and administration department of the county level or above, and the Internet information service provider is illegally income. The following fine, but the highest is not more than 30,000 yuan; there is no illegal income, and the following fine is less than 10,000 yuan.

Article 28 Speakers Article 15, paragraph 1, paragraph 1, and the third paragraph of these Measures, affect the user's normal use of the network, ordered the county-level market supervision and management department to correct, the responsible advertiser, advertising operator Advertising publishers fined three times below the illegal, but the highest is not more than 30,000 yuan; there is no illegal income, and the following is fine below 10,000 yuan. In violation of the provisions of Article 2 of these Measures, the advertisers shall punish the advertisers in accordance with the provisions of Article 62 of the Advertising Law, and the advertisement publisher on the advertising operators, advertising publishers. Three times the penalty of illegal, but no more than 30,000 yuan; there is no illegal income, a fine of less than 10,000 yuan.

Article 29 It is contrary to these Measures, it does not cooperate with the market supervision and management department to supervise and inspect or not cooperate with the market supervision and management department. The market supervision and management department of the county level shall order the county-level market supervision and management department ordered the owner of the responsible advertiser. And Internet advertising operators, advertising publishers are imposed three times the illegal basis, but the maximum is not more than 30,000 yuan; there is no illegal income, and the following is fine below 10,000 yuan.

Article 30 The Market Supervision and Administration Department shall, according to the administrative penalties made by the advertising law and these Measures, the administrative penalties made by these Measures shall be publicized to the public through the national corporate credit information publicity system; if the conditions, according to the "Market Supervision and Management of Market Supervision] Management Measures "The relevant provisions are included in the list of serious illegal default.

Article 31 These Measures shall be implemented from the X-month x month. On July 4, 2016, the Interim Measures for Internet Advertising Management, which announced the Administration of Industry and Commerce, will be abolished at the same time.