Shulou(Shulou.com)11/24 Report--

CTOnews.com, March 20, according to the website of the State Administration of Market Supervision, in order to further standardize the law enforcement of absolute terms in advertising, protect the legitimate rights and interests of natural persons, legal persons and other organizations, and maintain the order of the advertising market, the General Administration of Market Supervision recently issued the guidelines for the Law Enforcement of absolute terms in Advertising (hereinafter referred to as "the Guide"), which provides guidance for market regulatory departments to carry out the supervision and enforcement of absolute terms in advertising.

The absolute term of advertisement usually refers to the situation stipulated in paragraph 3 of Article 9 of the Advertising Law, including "national", "highest level", "best" and other terms with the same or similar meaning. Combined with the practice of advertising supervision and law enforcement, the Guide responds to the difficulties and hot issues related to the enforcement of absolute advertising terms.

First, to further clarify the boundaries of the application of the law. The Guide combines the original legislative intention of the Advertising Law and the practice of supervision and law enforcement to refine the situation in which the absolute language of advertising does not apply to item 3 of Article 9 of the Advertising Law, so as to avoid mechanized "one-size-fits-all" law enforcement.

The second is to further clarify the general principles of law enforcement and supervision. The Guide requires market regulatory departments at all levels to grasp and judge as a whole in the light of advertising content and specific context in the enforcement of advertising absolute terms, so as to achieve the unity of political, social and legal effects.

The third is to further standardize discretion. The Guide is in accordance with the Law on Administrative punishment and other laws, regulations, rules, and relevant provisions such as the "guiding opinions on standardizing the discretion of Market Supervision and Administration of Administrative punishment" and other relevant provisions, to refine the situation of no punishment and mitigated, lighter and heavier punishment in accordance with the law, so that advertising supervision and law enforcement has both strength and temperature.

The full text of the Guide to Enforcement of absolute terms in Advertising is attached to CTOnews.com:

In order to standardize and strengthen the supervision and enforcement of absolute advertising terms, effectively maintain the order of the advertising market, and protect the legitimate rights and interests of natural persons, legal persons and other organizations, this guide is formulated in accordance with laws, regulations, rules and relevant state provisions such as the Advertising Law of the people's Republic of China (hereinafter referred to as the Advertising Law) and the Administrative punishment Law of the people's Republic of China.

1. The purpose of this guide is to provide guidance for market regulatory departments to carry out the supervision and enforcement of absolute advertising terms, so as to provide reference and application for local market regulatory departments in their work.

2. The term "absolute terms for advertising" as mentioned in this guide refers to the circumstances stipulated in paragraph 3 of Article 9 of the Advertising Law, including "national", "highest level", "best" and other terms with the same or similar meaning.

3. In supervising and enforcing the law on commercial advertisements containing absolute terms, market regulatory departments shall adhere to the principles of equal excessive punishment, fairness and justice, combination of punishment and education, and comprehensive discretion, so as to achieve the unity of political, social and legal effects.

4. Commodity operators (including service providers, the same below) publish information about their own names (names), abbreviations, logos, time of establishment, business scope, etc., on their business premises, their own websites or other media that have the legal right of use, and do not directly or indirectly promote commodities (including services, the same below) shall not be regarded as advertisements.

If absolute terms are used in the information specified in the preceding paragraph, commodity operators are unable to prove their authenticity, which may affect consumers' right to know or damage the legitimate rights and interests of other business operators, they shall be investigated and dealt with in accordance with other laws and regulations.

5. Under any of the following circumstances, the use of absolute terms in advertisements does not refer to the commodities promoted by commodity operators, and the provisions of the Advertising Law on absolute terms shall not apply:

(1) only indicating the service attitude or business philosophy, enterprise culture or subjective wishes of commodity operators

(2) those who only express the goals pursued by commodity operators

(3) other situations where the content pointed to by absolute terms is not directly related to the performance and quality of the goods promoted in the advertisement and will not mislead consumers.

6. Under any of the following circumstances, the absolute terms used in advertisements refer to the commodities promoted by commodity operators, but do not have the objective consequences of misleading consumers or belittling other business operators, the provisions of the Advertising Law on absolute terms shall not apply:

(1) only for self-comparison of goods of the same brand or the same enterprise

(2) it is only used to publicize consumption tips such as the use method, use time, preservation period and other consumption tips of the goods.

(3) the classified terms of commodities determined according to national standards, industry standards, local standards, etc., contain absolute terms and can explain the basis

(4) the commodity name, specification and model, registered trademark or patent contains absolute terms, and the advertisement uses the commodity name, specification and model, registered trademark or patent to refer to the goods in order to distinguish other commodities.

(5) the awards and titles assessed in accordance with the relevant provisions of the State contain absolute terms

(6) to express the objective situation of time and space sequence or publicize factual information such as product sales volume, sales volume, market share, etc., when specific time, region and other conditions are limited.

7. Absolute terms in advertisements shall be investigated and dealt with in accordance with the relevant provisions of the Advertising Law if they fall within the circumstances specified in articles 5 and 6 of this Guide, but the advertisers are unable to prove their authenticity.

8. The market supervision department shall impose administrative penalties on the absolute language of advertisements in accordance with laws and regulations such as the Advertising Law, in the light of the content and specific context of the advertisement, as well as the facts, nature, circumstances, degree of social harm and subjective faults of the illegal acts, accurately grasp the yardstick of law enforcement and reasonably exercise the discretion of administrative punishment.

9. Except for the circumstances specified in articles 5 and 6 of this Guide, administrative penalties may not be imposed if absolute terms are used in advertisements for the first time and the consequences are minor and corrected in a timely manner.

10. Commodity operators who use absolute language in advertisements published by their business premises, their own websites or other media that have the legal right to use, if the duration is short or the number of visitors is small, without causing harmful consequences and correcting them in a timely manner, shall not be subject to administrative punishment in accordance with the law; if the harmful consequences are minor, the administrative punishment may be given a lighter or mitigated punishment in accordance with the law.

Others who are lighter, mitigated or not given administrative punishment according to law shall comply with the laws and regulations such as the Law of the people's Republic of China on Administrative punishment and the provisions of the guiding opinions on standardizing the discretion of Market Supervision and Administration of Administrative punishment.

11. In any of the following circumstances, it is generally not considered that the illegal act is minor or less harmful to society:

(1) absolute terms related to curative effect, cure rate, efficiency, etc. appear in advertisements for medical treatment, medical beauty, medicine, medical devices, health food and formula food for special medical use

(2) absolute terms related to the rate of return on investment, investment security, etc. appear in advertisements for commodities with expected return on investment, such as investment promotion.

(3) absolute terms related to education or training institutions or the effects of education or training appear in education and training advertisements.

12. The market supervision department may, in accordance with the relevant provisions, formulate a list of minor violations of absolute advertising terms that will be exempted from punishment according to law and make dynamic adjustments.

Welcome to subscribe "Shulou Technology Information " to get latest news, interesting things and hot topics in the IT industry, and controls the hottest and latest Internet news, technology news and IT industry trends.