Administrative Measures for Online Advertising
Administrative Measures for Online Advertising
Administrative Measures for Online Advertising
Order of the State Administration for Market Regulation No.72
February 25, 2023
Article 1 These Measures are formulated in accordance with the Advertising Law of the People's Republic of China (the "Advertising Law") and other laws and regulations to regulate online advertising activities, protect the lawful rights and interests of consumers, promote a healthy development of the online advertising industry, and maintain an orderly market economy with fair competition.
Article 2 Commercial advertising activities conducted within the territory of the People's Republic of China to directly or indirectly promote a product or service through text, images, audio, video, or any other form, using any website, web page, web application, or other online media, shall be governed by the Advertising Law and these Measures.
Where information shall be displayed, indicated, or informed as required by any laws, administrative regulations, departmental rules, mandatory national standards, or other relevant national regulations, such laws, administrative regulations, ministerial rules, mandatory national standards, or other relevant national regulations shall apply.
Article 3 Online advertisements (“ads”) shall be truthful and lawful, maintain a correct orientation, express ad content in a healthy way, and meet the requirements for building a socialist society with an advanced culture and ideology as well as promoting good traditional Chinese culture.
Compliance with laws and regulations, honesty and integrity, and fair competition shall be observed in the conduct of advertising activities through the Internet.
The State encourages and supports the conduct of online public service advertising activities to disseminate core socialist values and good Chinese traditional culture, and to advocate civilized trends.
Article 4 The provisions of the Advertising Law and these Measures relating to advertising publishers shall apply to any natural person, legal person, or other organization who publishes any ad through the Internet for an advertiser or advertising agent appointed by an advertiser.
The provisions of the Advertising Law and these Measures relating to online information service providers shall apply to any natural person, legal person, or other organization who provides information services through the Internet; the provisions of the Advertising Law and these Measures relating to advertising agents and advertising publishers shall apply to anyone engaged in activities such as online advertising design, production, publication, or agency services.
Article 5 Advertising industry associations shall formulate industry standards, self-regulatory protocols, and group standards in accordance with laws, regulations, ministerial rules, and their articles of association, to strengthen self-regulation of the industry, guide their members to proactively apply core socialist values and legally conduct online advertising activities, advance the building of credit, and promote a healthy development of the industry.
Article 6 No organization or individual shall design, produce, provide agency services for, or publish through the Internet, any ad for a product that is prohibited from being produced or sold or any service that is prohibited from being provided, or any product or service that is prohibited from being advertised.
It is prohibited to publish ads for tobacco (including e-cigarettes) through the Internet.
It is prohibited to publish ads for prescription drugs through the Internet, unless otherwise stipulated in any laws or administrative regulations, in which case, such laws or administration regulations shall prevail.
Article 7 Before publishing an ad for any medical, pharmaceutical, medical equipment, pesticide, veterinary drug, health food, or food for speical medical purposes (FSMP) product, or any other ad that is subject to review according to any laws or administrative regulations, the ad content shall be reviewed by the advertising review authority; an ad that has not undergone review must not be published.
An online ad that is subject to review shall be published in strict accordance with the content that has passed review, and must not be edited, spliced, or modified. If the content of an ad that has passed review needs to be changed, a new advertising review application shall be submitted.
Article 8 It is prohibited to publish an ad for any medical, pharmaceutical, medical equipment, health food, FSMP product in a disguised form, such as the provision of health or wellness knowledge.
When providing health or wellness knowledge, any address, contact information, or shopping link of a distributor or service provider of any related medical care, pharmaceutical, medical equipment, health food, or FSMP product, must not appear on the same page or at the same time.
Article 9 An online ad shall be identifiable so that it can be clearly identified by consumers as an advertisement.
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Order of the State Administration for Market Regulation No.72
February 25, 2023
Article 1 These Measures are formulated in accordance with the Advertising Law of the People's Republic of China (the "Advertising Law") and other laws and regulations to regulate online advertising activities, protect the lawful rights and interests of consumers, promote a healthy development of the online advertising industry, and maintain an orderly market economy with fair competition.
Article 2 Commercial advertising activities conducted within the territory of the People's Republic of China to directly or indirectly promote a product or service through text, images, audio, video, or any other form, using any website, web page, web application, or other online media, shall be governed by the Advertising Law and these Measures.
Where information shall be displayed, indicated, or informed as required by any laws, administrative regulations, departmental rules, mandatory national standards, or other relevant national regulations, such laws, administrative regulations, ministerial rules, mandatory national standards, or other relevant national regulations shall apply.
Article 3 Online advertisements (“ads”) shall be truthful and lawful, maintain a correct orientation, express ad content in a healthy way, and meet the requirements for building a socialist society with an advanced culture and ideology as well as promoting good traditional Chinese culture.
Compliance with laws and regulations, honesty and integrity, and fair competition shall be observed in the conduct of advertising activities through the Internet.
The State encourages and supports the conduct of online public service advertising activities to disseminate core socialist values and good Chinese traditional culture, and to advocate civilized trends.
Article 4 The provisions of the Advertising Law and these Measures relating to advertising publishers shall apply to any natural person, legal person, or other organization who publishes any ad through the Internet for an advertiser or advertising agent appointed by an advertiser.
The provisions of the Advertising Law and these Measures relating to online information service providers shall apply to any natural person, legal person, or other organization who provides information services through the Internet; the provisions of the Advertising Law and these Measures relating to advertising agents and advertising publishers shall apply to anyone engaged in activities such as online advertising design, production, publication, or agency services.
Article 5 Advertising industry associations shall formulate industry standards, self-regulatory protocols, and group standards in accordance with laws, regulations, ministerial rules, and their articles of association, to strengthen self-regulation of the industry, guide their members to proactively apply core socialist values and legally conduct online advertising activities, advance the building of credit, and promote a healthy development of the industry.
Article 6 No organization or individual shall design, produce, provide agency services for, or publish through the Internet, any ad for a product that is prohibited from being produced or sold or any service that is prohibited from being provided, or any product or service that is prohibited from being advertised.
It is prohibited to publish ads for tobacco (including e-cigarettes) through the Internet.
It is prohibited to publish ads for prescription drugs through the Internet, unless otherwise stipulated in any laws or administrative regulations, in which case, such laws or administration regulations shall prevail.
Article 7 Before publishing an ad for any medical, pharmaceutical, medical equipment, pesticide, veterinary drug, health food, or food for speical medical purposes (FSMP) product, or any other ad that is subject to review according to any laws or administrative regulations, the ad content shall be reviewed by the advertising review authority; an ad that has not undergone review must not be published.
An online ad that is subject to review shall be published in strict accordance with the content that has passed review, and must not be edited, spliced, or modified. If the content of an ad that has passed review needs to be changed, a new advertising review application shall be submitted.
Article 8 It is prohibited to publish an ad for any medical, pharmaceutical, medical equipment, health food, FSMP product in a disguised form, such as the provision of health or wellness knowledge.
When providing health or wellness knowledge, any address, contact information, or shopping link of a distributor or service provider of any related medical care, pharmaceutical, medical equipment, health food, or FSMP product, must not appear on the same page or at the same time.
Article 9 An online ad shall be identifiable so that it can be clearly identified by consumers as an advertisement.
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