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

CTOnews.com, March 24, according to the State Administration of Market Supervision and Administration, in order to effectively maintain the order of the advertising market, protect the legitimate rights and interests of consumers, and promote the sustained and healthy development of the Internet advertising industry, the General Administration of Market Supervision recently revised and issued the measures for the Administration of Internet Advertising (hereinafter referred to as the "measures"), which will come into effect on May 1, 2023.

According to reports, the "measures" adapt to the new characteristics, new trends, and new requirements of the development of China's Internet advertising industry, revise and improve the original "interim measures for the Administration of Internet Advertising," innovate regulatory rules, further refine the responsibilities of business entities related to Internet advertising, clarify codes of conduct, and strengthen regulatory measures, which are of great significance to maintaining the order of the Internet advertising market under the new situation and promoting the healthy and sustainable development of the digital economy.

The measures further clarify the responsibilities of advertisers, Internet advertising operators and publishers, and Internet information service providers, and actively respond to social concerns. standardize the behaviors of the people, such as pop-up advertisements, open-screen advertisements, and the use of intelligent devices to publish advertisements. It has refined the advertising regulatory rules in key areas such as "soft text advertising", Internet advertising with links, competitive ranking advertising, algorithmic recommendation advertising, Internet live broadcast advertising, and censorship advertising in disguise; new jurisdictional provisions for advertising spokesmen have been added, which not only provides an important institutional guarantee for strengthening the supervision and enforcement of Internet advertising, but also gives new momentum to the standardized and orderly development of the Internet advertising industry.

The General Administration of Market Supervision said that it will strengthen business training for local market regulatory departments, provide administrative guidance to Internet platform enterprises and relevant advertising operators, effectively enhance the ability of Internet advertising supervision and the development level of the industry, and enhance the awareness of all kinds of advertising operators to comply with regulations in accordance with the law, so as to promote the high-quality development of the Internet advertising industry with high-efficiency supervision.

According to the comrade in charge of the Advertising Supervision Department of the General Administration of Market Supervision, in view of the current problem of concentrated consumer response, the "measures" further improve the system and regulations, and strive to create a "sharp sword" for Internet advertising supervision.

First, in view of the problem of "too much and too much" of pop-up advertisements, the "method" further refines the situation of "one-button closure", adds the legal liability of advertising publishers, and strengthens the punishment of illegal acts.

Second, in view of the frequent pop-up advertisements reflected by the masses, such as smart home appliances, navigation devices, and intelligent vehicles, which affect consumer experience and even traffic safety, the "measures" clearly make corresponding regulations and actively respond to social concerns.

Third, in view of the use of webcast to publish Internet advertisements, the measures clearly stipulate that webcast constitutes commercial advertisements, the corresponding participants in advertising activities shall bear the responsibilities and obligations of advertisers, advertising operators, advertising publishers and advertising spokesmen in accordance with the law.

Fourth, in view of the problems of false and illegal endorsements such as well-known artists, entertainment stars and Internet celebrities, the "measures" have further refined the regulatory measures and added provisions on the jurisdiction of advertising spokesmen, laying a solid foundation for effectively standardizing advertising endorsement activities.

Fifth, in view of the accurate delivery of Internet advertisements and the problem of "thousands of people and thousands of faces", the measures stipulate that if Internet advertisements are published by means of algorithm recommendation, the relevant rules of algorithm recommendation service and advertising records shall be recorded in advertising files to provide a basis for standardizing this kind of advertising behavior.

The full text of the measures for the Administration of Internet Advertising is attached to CTOnews.com:

Measures for the Administration of Internet Advertising

(promulgated by order No. 72 of the State Administration of Market Supervision and Administration on February 25, 2023 and effective as of May 1, 2023)

Article 1 in order to regulate Internet advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of the Internet advertising industry, and maintain the market economic order of fair competition, these measures are formulated in accordance with laws and administrative regulations such as the Advertising Law of the people's Republic of China (hereinafter referred to as the Advertising Law) and the Electronic Commerce Law of the people's Republic of China (hereinafter referred to as the Electronic Commerce Law).

Article 2 the provisions of the Advertising Law and these measures shall apply to commercial advertising activities within the territory of the people's Republic of China that directly or indirectly promote commodities or services by using Internet media such as websites, web pages, Internet applications and other forms of text, pictures, audio, video or other forms.

The information required by laws, administrative regulations, departmental rules, compulsory national standards and other relevant provisions of the State that should be displayed, marked or informed shall be in accordance with its provisions.

Article 3 Internet advertisements shall be true and legal, adhere to correct orientation, and express the contents of advertisements in a healthy form of expression, which meets the requirements of the construction of socialist spiritual civilization and the promotion of excellent Chinese traditional culture.

Those who use the Internet to engage in advertising activities shall abide by laws and regulations, be honest and trustworthy and compete fairly.

The state encourages and supports Internet public service advertising activities to spread socialist core values and excellent Chinese traditional culture, and to promote civilization and fashion.

Article 4 the provisions of the Advertising Law and these measures on advertising publishers shall apply to natural persons, legal persons or other organizations that use the Internet to publish advertisements for advertisers or advertising agents entrusted by advertisers.

Natural persons, legal persons or other organizations that use the Internet to provide information services shall apply the provisions of the Advertising Law and these measures on Internet information service providers; those engaged in the design, production, agency, distribution and other activities of Internet advertisements, the provisions of the Advertising Law and these measures on advertising operators, advertising publishers and other subjects shall apply.

Article 5 Advertising industry organizations shall, in accordance with the provisions of laws, regulations, departmental rules and articles of association, formulate industry norms, self-discipline conventions and group standards, strengthen industry self-discipline, guide members to actively practice socialist core values, engage in Internet advertising activities in accordance with the law, promote the construction of integrity, and promote the healthy development of the industry.

Article 6 No unit or individual may make use of the Internet to design, produce, represent or publish advertisements for products or services that are prohibited from production or sale or services provided by laws and administrative regulations, as well as commodities or services for which advertising is prohibited.

It is forbidden to use the Internet to publish tobacco (including e-cigarette) advertisements.

It is forbidden to use the Internet to publish advertisements for prescription drugs. If there are other provisions in laws or administrative regulations, such provisions shall prevail.

Article 7 advertisements that should be examined as prescribed by laws and administrative regulations such as medical treatment, drugs, medical devices, pesticides, veterinary drugs, health food, formula food for special medical use, shall be examined by the advertising examination organ before publication; they shall not be published without examination.

Internet advertisements subject to censorship shall be published in strict accordance with the contents approved by the examination, and shall not be edited, spliced or modified. If the contents of advertisements that have been examined and approved need to be changed, they shall re-apply for advertising examination.

Article 8 it is prohibited to publish advertisements for medical treatment, pharmaceuticals, medical devices, health foods and formula foods for special medical purposes in disguised form in the form of introducing health and health-preserving knowledge.

For those who introduce the knowledge of health and health preservation, the address, contact information, shopping links and other contents of commodity operators or service providers of relevant medical treatment, drugs, medical devices, health food, special medical formula food, etc. shall not appear on the same page or at the same time.

Article 9 Internet advertisements shall be identifiable so that consumers can identify them as advertisements.

For goods or services ranked by competitive prices, advertising publishers shall clearly mark "advertising", which is clearly different from natural search results.

Except in cases where the publication of advertisements is prohibited by laws or administrative regulations or published in a disguised form, where goods or services are promoted by means of knowledge introduction, experience sharing, consumption evaluation, etc., and purchase methods such as shopping links are attached, the advertisement publisher shall clearly mark "advertisement".

Article 10 when Internet advertisements are published in the form of pop-ups and other forms, advertisers and advertisement publishers shall clearly mark the closing signs to ensure that they are closed with one button and shall not be subject to the following circumstances:

(1) Advertising can be closed only if there is no closing sign or the timing is over.

(2) the closing signs are false, unidentifiable or difficult to locate, so as to set up obstacles for closing advertisements.

(3) two or more clicks are required to close an advertisement.

(4) in the process of browsing the same page and the same document, the advertisement will continue to pop up after closing, thus affecting the normal use of the network by users.

(5) other behaviors that affect one-click shutdown.

The open-screen advertisements displayed and published when starting Internet applications shall be subject to the provisions of the preceding paragraph.

Article 11 it is not allowed to deceive or mislead users into clicking or browsing advertisements in the following ways:

(1) false hints such as system or software update, error reporting, cleaning up, notification, etc.

(2) false signs such as playing, starting, pausing, stopping, returning, etc.

(3) false promise of reward

(4) other ways of deceiving or misleading users into clicking and browsing advertisements.

Article 12 advertisements for medical treatment, medicine, health food, formula food for special medical purposes, medical devices, cosmetics, alcohol and beauty shall not be published on Internet media such as websites, web pages, Internet applications, official accounts and other Internet media aimed at minors, as well as online game advertisements that are not conducive to the physical and mental health of minors.

Article 13 advertisers shall be responsible for the authenticity of the contents of Internet advertisements.

When an advertiser publishes an Internet advertisement, the subject qualification, administrative license and citation content shall meet the requirements of laws and regulations, and the relevant certification documents shall be true, legal and effective.

Advertisers can publish their own advertisements through self-built websites, as well as their own clients, Internet applications, official accounts, online store pages and other Internet media, or they can entrust advertisers and advertising publishers to publish advertisements.

Where advertisers publish Internet advertisements on their own, the act of advertising shall comply with the requirements of laws and regulations, establish advertising files and update them in a timely manner. The preservation time of the relevant files shall not be less than three years from the date of the end of the advertising act.

When an advertiser entrusts to publish an Internet advertisement, when modifying the content of the advertisement, it shall promptly notify the advertising operator or advertisement publisher who provides the service in writing or other means that can be confirmed.

Article 14 Advertising operators and publishers shall, in accordance with the following provisions, establish, improve and implement the registration, examination and file management system for Internet advertising business:

(1) to examine and register the true identity, address and effective contact information of the advertiser, establish advertising files and regularly check and update them, and record and preserve the relevant electronic data of advertising activities; the relevant files shall be kept for not less than three years from the date of the end of the advertising act.

(2) to examine the relevant supporting documents and check the contents of the advertisements. For advertisements with inconsistent contents or incomplete supporting documents, advertising agents shall not provide design, production or agency services, and advertising publishers shall not publish them.

(3) to equip advertising examiners who are familiar with advertising laws and regulations or to set up advertising examination institutions.

The identity information referred to in these measures includes name (name), unified social credit code (identity document number), etc.

Advertising operators and advertising publishers shall cooperate with the investigation of the Internet advertising industry carried out by the market supervision and administration department in accordance with the law and provide true, accurate and complete materials in a timely manner.

Article 15 where Internet advertisements are published by means of algorithmic recommendation, the relevant rules of algorithmic recommendation service and the records of advertising shall be recorded in the advertising files.

Article 16 Internet platform operators shall, in the process of providing Internet information services, take measures to prevent and stop illegal advertisements and abide by the following provisions:

(1) to record and preserve the true identity information of users who publish advertisements using their information services, and the time for keeping the information records shall not be less than three years from the date of the end of the provision of information services

(2) if the contents of advertisements published by its information services are monitored and investigated, and illegal advertisements are found, necessary measures such as notification, correction, deletion, blocking, disconnection and other necessary measures shall be taken to stop them, and relevant records shall be kept.

(3) to establish an effective mechanism for accepting and handling complaints and reports, to set up convenient entry points for complaints and reports, or to announce the ways of complaints and reports, and to accept and handle complaints in a timely manner.

(4) No technical or other means shall be used to obstruct or hinder the market supervision and administration departments from carrying out advertising monitoring

(5) to cooperate with the market supervision and administration department to investigate the illegal behavior of Internet advertising, and in accordance with the requirements of the market supervision and administration department, timely take technical measures to preserve the evidence materials of suspected illegal advertisements, truthfully provide the true identity information of the relevant advertising publishers, advertising modification records and transaction information of related goods or services, etc.

(6) to take measures such as warning, suspending or terminating services to users who publish illegal advertisements using their information services in accordance with service agreements and platform rules.

Article 17 the use of the Internet to publish or send advertisements shall not affect the normal use of the network by users, and may not insert competitive ranking advertisements in the results of searching for government service websites, web pages, Internet applications, official accounts, etc.

Without the consent, request or express refusal of the user, Internet advertisements shall not be sent to their means of transportation, navigation devices, smart home appliances, etc., and advertisements or advertising links shall not be added to the e-mail or Internet instant messaging messages sent by users.

Article 18 when publishing Internet advertisements with links, advertisers, advertising agents and advertising publishers shall check the advertising contents related to the front-end advertisements in the next link.

Article 19 where a commodity seller or service provider promotes a commodity or service through live broadcast on the Internet, which constitutes a commercial advertisement, he shall bear the responsibilities and obligations of the advertiser in accordance with the law.

If the studio operator accepts the entrustment to provide advertising design, production, agency and publishing services, he shall bear the responsibilities and obligations of advertising operators and advertising publishers in accordance with the law.

Live broadcast marketing personnel who are entrusted to provide advertising design, production, agency and publishing services shall bear the responsibilities and obligations of advertising operators and advertising publishers in accordance with the law.

Live broadcast marketing personnel who recommend or certify commodities or services in their own name or image, which constitute advertising endorsements, shall bear the responsibilities and obligations of advertising spokesmen in accordance with the law.

Article 20 Administrative penalties for illegal Internet advertisements shall be under the jurisdiction of the market supervision and administration department in the place where the advertisement publishers are located. If it is difficult for the market supervision and administration department of the place where the advertisement publisher is located to have jurisdiction over advertisers, advertising agents, advertising spokesmen and Internet information service providers in other places, the illegal situation may be transferred to the local market supervision and administration department for handling. Where the advertising spokesman is a natural person, the location of the agency providing brokerage services for the advertising spokesman, the place of domicile or habitual residence of the advertising spokesman shall be his place of residence.

If the market supervision and administration department of the place where the advertiser is located or the place where the advertising operator is located first discovers illegal clues or receives complaints or reports, it may also exercise jurisdiction.

Administrative penalties shall be imposed on advertisers who publish illegal advertisements on their own, which shall be under the jurisdiction of the market supervision and administration department where the advertisers are located.

Article 21 when investigating and dealing with illegal Internet advertisements, the market supervision and administration departments may exercise the following functions and powers according to law:

(1) to conduct on-the-spot inspection of places suspected of engaging in illegal advertising activities

(2) to question the parties suspected of violating the law or their legal representatives, principal responsible persons and other relevant personnel to investigate the relevant units or individuals

(3) to require the parties suspected of violating the law to provide relevant supporting documents within a time limit

(4) to consult and copy the data related to contracts, bills, account books, advertising works and Internet advertisements related to suspected illegal advertisements, including saving the contents of Internet advertisements by means of screenshots, screenshots, web pages, photos, audio recordings, video recordings, etc.

(5) to seal up or detain advertising articles, business tools, equipment and other property directly related to suspected illegal advertisements

(6) to order the suspension of the publication of suspected illegal advertisements that may cause serious consequences

(7) other functions and powers as prescribed by laws and administrative regulations.

When the market supervision and administration department exercises the functions and powers prescribed in the preceding paragraph in accordance with the law, the parties concerned shall assist and cooperate, and shall not refuse, obstruct or conceal the true situation.

Article 22 the technical monitoring records of Internet advertisements by the market supervision and administration departments may be used as evidence for imposing administrative penalties or administrative measures on illegal advertisements.

Article 23 whoever violates the provisions of articles 6 and 12 of these measures shall be punished in accordance with the provisions of Article 57 of the Advertising Law.

Article 24 whoever, in violation of the provisions of Article 7 of these measures, publishes Internet advertisements without examination or according to the contents approved by advertising examination shall be punished in accordance with the provisions of Article 58 of the Advertising Law.

Article 25 whoever, in violation of the provisions of articles 8 and 9 of these measures, publishes advertisements for medical treatment, drugs, medical devices, health foods, formula foods for special medical purposes, or Internet advertisements that are not identifiable, shall be punished in accordance with the provisions of paragraph 3 of Article 59 of the Advertising Law.

Article 26 whoever, in violation of the provisions of Article 10 of these measures, publishes an Internet advertisement in the form of pop-up, etc., without significantly indicating the closing sign and ensuring that it is closed with one button, shall be punished in accordance with the provisions of paragraph 2 of Article 62 of the Advertising Law.

If an advertisement publisher commits the act specified in the preceding paragraph, it shall be ordered by the market supervision and administration department at or above the county level to make corrections, and if he refuses to do so, a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed.

Article 27 whoever, in violation of the provisions of Article 11 of these measures, deceives or misleads users into clicking or browsing advertisements shall, if there are provisions in laws or administrative regulations; if there are no provisions in laws or administrative regulations, shall be ordered by the market supervision and administration department at or above the county level to make corrections, and a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed on advertisers, advertising operators and advertisement publishers.

Article 28 whoever, in violation of the provisions of paragraph 1 of Article 14, Article 15 or Article 18 of these measures, fails to establish and improve the management system of advertising business in accordance with the provisions, or fails to check the contents of advertisements, shall be punished in accordance with the provisions of paragraph 1 of Article 60 of the Advertising Law.

If an advertiser, in violation of the provisions of paragraph 4, 15 or 18 of Article 13 of these measures, fails to establish advertising files in accordance with the provisions, or fails to check the contents of the advertisement, the market supervision and administration department at or above the county level shall order it to make corrections and may impose a fine of not more than 50,000 yuan.

If advertisers, advertising agents or advertising publishers can prove that they have fulfilled their relevant responsibilities, take measures to prevent the advertising content of the link from being tampered with, and provide the true name, address and effective contact information of the subject of illegal advertising activities, may be given a lighter or mitigated administrative punishment according to law.

If an advertising operator or advertisement publisher, in violation of paragraph 3 of Article 14 of these measures, refuses to cooperate with the investigation of the Internet advertising industry carried out by the market supervision and administration department, or provides false materials, the market supervision and administration department at or above the county level shall order it to make corrections and may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.

Article 29 where an Internet platform operator violates the provisions of subparagraphs 1, 3 to 5 of Article 16 of these measures and there are provisions in laws or administrative regulations, such provisions shall be followed; if there are no provisions in laws or administrative regulations, the market supervision and administration department at or above the county level shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.

If an Internet platform operator violates the provisions of paragraph 2 of Article 16 of these measures and knows or should know that Internet advertising activities are illegal, he shall be punished in accordance with the provisions of Article 63 of the Advertising Law.

Article 30 if there are provisions in laws or administrative regulations in violation of the provisions of paragraph 1 of Article 17 of these measures, such provisions shall be followed; if there are no provisions in laws or administrative regulations, the market supervision and administration department at or above the county level shall order them to make corrections. Advertisers, advertising agents and advertising publishers shall be fined not less than 5,000 yuan but not more than 30,000 yuan.

Whoever, in violation of the provisions of paragraph 2 of Article 17 of these measures, sends Internet advertisements to his means of transportation, navigation equipment, smart home appliances, etc. without the consent, request or express refusal of the user, shall be punished in accordance with the provisions of paragraph 1 of Article 62 of the Advertising Law. Whoever appends advertisements or advertising links to e-mails or Internet instant messaging messages sent by users shall be ordered by the market supervision and administration department at or above the county level to make corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.

Article 31 decisions on administrative penalties made by market supervision and administration departments in accordance with the provisions of the Advertising Law and these measures shall be publicized to the public through the national enterprise credit information publicity system in accordance with the law; those of a bad nature, serious circumstances and great harm to society shall be included in the list of serious violations of laws and trustworthiness in accordance with the relevant provisions of the measures for the Administration of Market Supervision and Administration of serious violations of laws and broken promises.

Article 32 these measures shall enter into force as of May 1, 2023. On July 4, 2016, the former State Administration for Industry and Commerce ordered the interim measures for the Administration of Internet Advertising promulgated on No. 87 to be repealed at the same time.

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