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.
In short, in order to ensure the safety of drug use and protect the rights and interests of patients, it is necessary to further strictly regulate drug advertisements.
Aspect 2: Non-pharmaceutical advertisements of health food should not involve disease prevention and treatment.
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 care, and shall clearly state that "this product cannot replace medicines".
In short, health food, like ordinary food, does not have the effect of treating diseases, and in practice, the illegal situation of health food advertisements is more serious. For this reason, the third review draft has made a separate clause on the advertising criteria of health food, and made more targeted and strict norms.
Aspect 3: advertisements for drugs and health foods are prohibited in the health column.
Radio stations, television stations, audio-visual publishing units of newspapers and periodicals, and Internet information service providers shall not publish advertisements for medical treatment, medicines, medical devices and health food in disguised form by introducing health knowledge.
In short, some media publish advertisements of drugs and health foods in disguised form, such as health lectures and health programs, which sometimes do harm to consumers' rights and interests. The establishment of special provisions in the law will effectively prevent unscrupulous businesses from "fooling" consumers.
Aspect 4: advertisements for breast milk substitutes cannot be "posted" in public places.
It is forbidden to publish advertisements for baby dairy products, drinks and other foods that claim to replace breast milk in whole or in part in mass media or public places.
In short, breast milk is the most natural, safe and complete natural food in the baby's growth process, and breast-feeding should be encouraged and promoted.
Aspect 5: Tobacco advertisements are prohibited in mass media and public places.
It is forbidden to publish tobacco advertisements 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 of other commodities or services or public service advertisements to publicize the names, trademarks, packaging, decoration and similar contents of tobacco products.
Want to publish tobacco advertisements in disguise through advertisements of other commodities or public service advertisements? This kind of behavior is not good either.
Aspect 6: Those who endorse false advertisements will be banned for three years.
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.
Interpret advertisements in one sentence, and you can't answer them at will. In order to protect the legitimate rights and interests of consumers, we should further strengthen the responsibility of advertising spokespersons and standardize the endorsement activities more strictly.
Aspect 7: illegal advertising, the practice license of medical institutions may be revoked.
If the circumstances of illegal advertisements in medical institutions are serious, the administrative department for industry and commerce may, in addition to punishment according to this law, revoke the medical treatment subjects or revoke the practice license of medical institutions.
In fact, China's "Measures for the Administration of Medical Advertising" has made relevant provisions on the advertising behavior of medical institutions; This rise to the legal level to increase the punishment 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 and publication, radio, film and television and other relevant departments fail to deal with the radio stations, television stations, newspapers and audio-visual publishing units with advertising violations according to law, the responsible persons in charge and the persons directly responsible shall be punished according to law.
In a word, the governance of illegal advertisements needs the joint efforts of all departments. In addition to strengthening the supervision of the industrial and commercial departments, the competent media departments such as press, publication, radio, film and television also need to earnestly perform their supervisory duties on media activities.
How to ensure the execution and social recognition of the new advertising law? How to improve the level of advertising supervision and enforcement according to the new advertising law? How will the new advertising law help mass entrepreneurship and innovation? How to cooperate with increasing 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? 201April 30th, 5 10, Zhang Guohua, Director of Advertising Supervision and Management Department of State Administration for Industry and Commerce, and Liu, Vice President and Professor of Law School of Central University of Finance and Economics, visited the Chinese government website, exchanged views with netizens on the new advertising law and answered their concerns.
Although the new "Advertising Law" is large, it is not easy to systematize it for 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 20 years ago was adapted to the situation of the advertising market at that time. Today, from more than 20 billion to more than 500 billion, from traditional media to various media, various forms and technologies of advertising promotion, the existing advertising law has been unable to maintain the existing market order. Based on this background, SAIC and the State Council Legislative Affairs Office began to revise the advertising law ten years ago. Because the advertising market and advertising technology have developed rapidly in the past decade, there is always a feeling that they cannot keep up with the situation. However, the people's call for maintaining the order of the advertising market and the need to protect the interests of consumers 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, deputy dean of the School of Law of the Central University of Finance and Economics, mentioned that in fact, the revision of the advertising law began in 2004, but because the law needs to be stable in implementation, it is impossible for the law to be completed overnight. It was just passed in 1995, and it was not changed well. 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 rise to the legal level, so the advertising law has been greatly and systematically revised. It is not easy to sharpen a sword in ten years. Of the original 49, only 8 remained untouched, and 33 were added. At present, the total number of articles has reached 75, which should be revised in an all-round way, with or without amendments.
The new advertising law has been greatly revised. Zhang Guohua summed up 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. There are only eight articles that keep one word in the original text. This revision can be summarized as follows: First, it enriches and refines the advertising content standards. The second is to clarify the definition and typical forms of false advertising. Thirdly, the legal obligations and responsibilities of new advertising spokespersons are stipulated. The fourth is to strictly control the release of tobacco advertisements. The fifth is to add regulations on the administration of advertising for minors. Sixth, new regulations on Internet advertising have been added. Seventh, the supervision of mass media advertising behavior has been strengthened. Eighth, increase public service advertisements and expand the adjustment scope of advertising law. Nine is to clarify and strengthen the responsibility and power of industrial and commercial organs and relevant departments to supervise the advertising market. The tenth is to further improve the deterrence of legal responsibility.
Celebrity endorsement of illegal advertisements cancels three-year speech qualification
The media can be disqualified from publishing false advertisements.
Zhang Guohua explained the punishment of the new advertising law to netizens with examples. For publishing false advertisements to the media, in addition to fines, the advertising business can be suspended, and the qualification for publishing advertisements can be revoked if the circumstances are serious. This penalty is very heavy for a media. As we all know, the media make a living by advertising. Revoking his advertising license is equivalent to losing his job, so this punishment is very strong.
The star has endorsed illegal advertisements and is not qualified 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 was no specific regulation and body double was used instead, there was no legal investigation and no civil investigation, so the damage to his honor was not great. This time, if he speaks for illegal advertisements, it will definitely become a hot spot in the news, and his qualification to speak for advertisements will be suspended for three years, which will also cost the star himself a great price. Generally speaking, some stars are good, but some are irresponsible.
Zhang Guohua: The new problems that can be identified are all stated in the Measures for the Administration of Internet Advertising.
In response to the host's main grasp and thinking on Internet advertising supervision, Zhang Guohua replied: "We revealed a message at the party on March15 this year, and we are entrusting Zhejiang Industrial and Commercial Bureau to build an Internet advertising data center, which can also be called an Internet advertising monitoring center. At present, it is initially designated as 1000 major monitoring websites, which can account for more than 95% of the current Internet advertising market and can basically cover it. Some small ones have a small amount of media. We will distribute the monitored illegal Internet advertisements to local industrial and commercial enterprises according to their IP addresses and registration places, so that they can investigate and deal with them. But as you said, Internet advertising is a complicated new thing. It's virtual. Unlike TV and newspaper advertisements, the TV station is there, and the publishing unit of the newspaper is there. Sometimes it may not be found 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 subject 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 link advertising, which has a crawler technology. You click on the keyword or search, and it will come out soon. 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 stated. "
The mass media cannot advertise products such as tobacco and breast milk substitutes.
Liu stressed that this advertising law has made detailed provisions on the advertising behavior of the mass media. From the details of the regulations, there are obvious regulations in at least eight aspects. First, the mass media can't rely on news to advertise 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 advertisements, that is, when and how many minutes, and how many minutes can be advertised between programs, with clear duration and clear identification of how many minutes are in advertisements. Drugs, medical devices and health food cannot be publicized in disguised form by introducing health and health preservation.
Advertisements for dairy products, food or drinks 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. What's more, as Director Zhang said, it is clear that the release of public service advertisements is a legal obligation of mass media, and there should be special provisions on the specific layout, time slot and duration of the release. In addition, this advertising law authorizes the the State Council Administration for Industry and Commerce to work with other relevant departments in the State Council to formulate a code of conduct for advertising specifically for the mass media, and grants this right to the State Administration for Industry and Commerce. It should be said that this regulation is very comprehensive, and many of them are new.
The new Advertising Law rectifies the market order and ensures the healthy development of the industry.
Finally, Zhang Guohua concluded that China has now become the second largest advertising market in the world besides the United States. The state also actively supports the advertising industry. The "Document on Supporting Cultural and Creative Industries" issued by the State Council also brought the advertising industry into the cultural and creative industries. At the same time, in the past two years, the central government has supported the establishment of 32 national advertising parks and national pilot advertising parks, and the state has also given corresponding financial support. He also said that from the state's 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 strong guarantee for the development of the advertising industry. Only when an industry is healthy can it develop rapidly. If an industry does not do well, there will be problems. The state also supports the healthy development of the advertising industry. Through the promulgation and implementation of this law, we can better rectify the advertising market order, eliminate the weeds in the current mixed aspects, make the advertising industry develop more healthily and rapidly, and at the same time, make the advertising industry establish a better image among the people and consumers.
Liu finally added: "I very much agree with Director Zhang's analysis. On the surface, this advertising law has greater obligations and responsibilities for the industry, but from another perspective, the new advertising law actually protects 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 also one of the purposes of legislation. This time, there is also a regulation on industry self-discipline to promote the development of the advertising industry. "