广告法英文版

Advertising Law of the People's Republic of China

[¶16-495]

Adopted 27 October 1994 by the Tenth Session of the Standing Committee of the Eighth National People Congress of the People's Republic of China to take effect from 1 February 1995.

CHAPTER I — GENERAL PRINCIPLES

Article_1

This Law is formulated in order to standardise advertising business activities, promote the healthy development of the advertising industry, protect the legal rights and interests of consumers, safeguard the social and economic order and promote the positive role of advertising in the socialist market economy.

Article_2

Advertisers, advertising agents and advertisement publishers shall abide by this Law when engaging in advertising business within the territory of the People's Republic

of China.

The term "advertisement" mentioned in this Law shall refer to commercial advertisements which publicise, directly or indirectly through certain media or means, at the expense of the suppliers of commodities or services, those types of commodities of services.

The term "advertiser" mentioned in this Law shall refer to a legal person, economic organisation or individual who designs, produces and publishes advertisements by their own effort, or through commission, in order to promote the sales of goods and services.

The term "advertising agent" mentioned in this Law shall refer to a legal person, economic organisation or individual who provides services in designing and producing advertisements or related services on a commission basis.

The term "advertisement publisher" mentioned in this Law shall refer to a legal person or economic organisation which publishes advertisements on behalf of advertisers or on behalf of advertising agents commissioned by advertisers.

Article_3

The contents of an advertisement shall be true and lawful, and shall confirm with socialist spiritual values.

Article_4

An advertisement shall not contain false information and shall not cheat or mislead consumers in any way.

Article_5

Advertisers, advertising agents and advertisement publishers shall abide by laws and statutory regulations and by the principles of fairness, honesty and trustworthiness in the conduct of advertising activities.

Article_6

The industrial and commercial administrative departments of the people's governments at county level and above shall administer and supervise advertising activities.

CHAPTER II — GUIDING PRINCIPLES FOR ADVERTISING

Article_7

The contents of an advertisement shall not be detrimental to the mental and physical health of the people, shall promote the improvement in quality of goods or services, protect the rights and interests of consumers, conform to social, public and professional ethics and safeguard the dignity and interests of the State.

An advertisement shall not contain any of the following:

(1) the national flag, national emblem or national anthem of the People's Republic of China;

(2) the names of government organs or government functionaries;

(3) words such as "State level", "highest level", or "the best", etc;

(4) contents which may be injurious to social stability, present a danger to person or property or harm the public interest;

(5) contents which may jeopardise social and public order or violate good social conventions;

(6) contents which are obscene, superstitious, of a terrorist nature, violent or evil;

(7) contents which discriminate on the basis of nationality, race, religion or sex;

(8) contents which are harmful to the protection of the environment and natural