People’s Republic of China (PRC) Advertising Law (Revised Draft)

?Chapter I General Principles

????Article 1 This Law is formulated with a view to standardizing advertising activities, promoting the healthy development of the advertising industry, protecting the legitimate rights and interests of consumers, maintaining social and economic order, and giving full play to the positive role of advertising in the socialist market economy.

????Article 2 Advertisers, advertising agents, advertisement publishers and advertisement referees shall abide by this Law when engaging in advertising activities in People’s Republic of China (PRC).

????The term "advertisement" as mentioned in this Law refers to commercial advertisements in which commodity operators or service providers directly or indirectly introduce the commodities they sell or the services they provide through certain media and forms at their expense.

????Advertisers mentioned in this Law refer to natural persons, legal persons or other organizations that design, produce and publish advertisements by themselves or by entrusting others for the purpose of promoting goods or services.

????Advertising agents mentioned in this Law refer to natural persons, legal persons or other organizations entrusted to provide advertising design, production and agency services.

????Advertisers mentioned in this Law refer to natural persons, legal persons or other organizations that publish advertisements for advertisers or advertising agents entrusted by advertisers.

????Advertisers referred to in this Law refer to natural persons, legal persons or other organizations other than advertisers who recommend and certify commodities and services in advertisements.

????Article 3 The State encourages and supports the development of the advertising industry, and the relevant authorities in the State Council shall formulate and implement policies and measures conducive to the healthy development of the advertising industry.

????Article 4 Advertisements shall be truthful and lawful, and meet the requirements of building socialist spiritual civilization and promoting the excellent traditional culture of the Chinese nation.

????Article 5 Advertisements shall not contain false contents, and shall not deceive or mislead consumers.

????Article 6 Advertisers, advertising agents, advertisement publishers and advertisement referees shall abide by laws and administrative regulations and follow the principles of fairness, honesty and credibility when engaging in advertising activities.

????Article 7 The administrative department for industry and commerce in the State Council shall be in charge of the supervision and administration of advertisements throughout the country, and the relevant departments in the State Council shall be responsible for the relevant work of advertising management within their respective functions and duties.

????The local administrative departments for industry and commerce at or above the county level shall be in charge of the supervision and administration of advertisements in their respective administrative areas, and the relevant departments of the local people’s governments at or above the county level shall be responsible for the relevant work of advertising management within their respective functions and duties.

????Eighth advertising industry organizations should strengthen industry self-discipline, guide advertisers, advertising agents, advertising publishers, advertising referees to engage in advertising activities according to law, and promote the integrity construction of the advertising industry.

????Chapter II Advertising Guidelines

????Article 9 An advertisement shall meet the following requirements:

????(1) If the advertisements indicate the performance, function, origin, use, quality, ingredients, price, producer, expiration date, promise, etc. of the goods or the content, provider, form, quality, price, promise, etc. of the services, they should be clear and clear;

????(2) If it is indicated in the advertisement that the promoted goods or services are accompanied by gifts, the variety, specification, quantity, effective period and method of the gifts shall be clearly stated;

????(3) The contents that should be clearly stated in an advertisement as stipulated by laws and administrative regulations should be prominently and clearly expressed.

????Article 10 An advertisement shall not be under any of the following circumstances:

????(a) the use or disguised use of the National Flag of the People’s Republic of China, the national emblem and the national anthem;

????(2) using or using in disguised form the name or image of a state organ or a functionary of a state organ;

????(3) using terms such as "national level", "highest level" and "best", except those obtained according to law;

????(4) damaging the dignity or interests of the state and revealing state secrets;

????(5) Obstructing social stability and harming social public interests;

????(6) endangering personal and property safety and revealing personal privacy;

????(7) Obstructing public order or violating good social customs;

????(8) Content containing obscenity, pornography, gambling, superstition, terror and violence;

????(9) Content that contains ethnic, racial, religious and gender discrimination;

????(ten) hinder the protection of the environment, natural resources or cultural heritage;

????(eleven) other circumstances prohibited by laws and administrative regulations.

????Eleventh advertising shall not harm the physical and mental health of minors and disabled people.

????Article 12 Where an administrative license is required for the matters involved in an advertisement, it shall be consistent with the contents of the license.

????Advertisements using data, statistics, survey results, abstracts, quotations and other citations shall be true and accurate, and the source shall be indicated. If the cited content has the scope of application and the validity period, it shall be clearly stated.

????Article 13 Where an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated.

????Those who have not obtained the patent right shall not falsely claim to have obtained the patent right in the advertisement.

????It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising.

????Article 14 Advertisements shall not belittle other producers and business operators and their commodities or services.

????Article 15 An advertisement should be identifiable so that consumers can identify it as an advertisement.

????The mass media shall not publish advertisements in the form of news reports. Advertisements published through the mass media should be marked with advertisements, which are different from other non-advertising information and must not mislead consumers.

????Article 16 It is forbidden to publish prescription drug advertisements in media other than pharmaceutical and medical professional journals determined in accordance with drug administration laws and administrative regulations. Prescription drug advertisements should be marked with the words "This advertisement is only for medical and pharmaceutical professionals to read" in a prominent position, and non-prescription drug advertisements should be marked with the words "Please purchase and use according to the drug instructions or under the guidance of pharmacists" in a prominent position.

????Advertisements for medical devices recommended for personal use should be marked with the words "Please read the product manual carefully or purchase and use under the guidance of medical personnel". If there are taboo contents and precautions in the registration certificate of medical device products, the words "see the instructions for details of taboo contents or precautions" shall be marked in the advertisement.

????Article 17 Drugs, health foods, medical devices and medical advertisements shall meet the following requirements:

????(1) It shall not contain unscientific assertions or guarantees indicating efficacy;

????(2) The cure rate or effective rate shall not be stated;

????(3) It shall not be compared with the efficacy and safety of other drugs and medical devices or other medical institutions;

????(four) shall not use the name of medical research units, academic institutions, medical institutions, trade associations or professionals or patients for recommendation and proof;

????(five) shall not contain other contents prohibited by laws and administrative regulations.

????Eighteenth narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs and other special drugs, as well as drugs, medical devices and treatment methods for drug rehabilitation, shall not be advertised.

????Article 19 Advertisements for pesticides, veterinary drugs, feeds and feed additives shall meet the following requirements:

????(1) It shall not contain absolute assertions indicating safety;

????(2) It shall not contain unscientific assertions or guarantees indicating efficacy;

????(three) shall not use scientific research institutions, academic institutions, technology promotion agencies, industry associations or professionals, users in the name of recommendation, proof;

????(four) shall not explain the efficiency;

????(five) shall not contain words, language or pictures that violate the rules for safe use;

????(six) shall not contain other contents prohibited by laws and administrative regulations.

????Twentieth prohibit the use of radio, film, television, newspapers, periodicals, books, audio-visual products, electronic publications, mobile communication networks, the Internet and other mass media and forms to publish or publish tobacco advertisements in disguise.

????It is forbidden to set up tobacco advertisements in various waiting rooms, theaters, conference halls, sports venues, libraries, cultural centers, museums, parks and other public places, as well as building control zones of hospitals and schools and public transport. It is forbidden to set up outdoor tobacco advertisements.

????Twenty-first tobacco and alcohol advertisements shall meet the following requirements:

????(1) No images of smoking or drinking may appear;

????(two) shall not use the name or image of minors;

????(three) shall not induce or encourage smoking, drinking or promoting excessive drinking;

????(4) It is forbidden to express or imply that smoking and drinking can eliminate tension and anxiety and increase physical strength.

????The release of tobacco advertisements shall be approved by the local administrative department for industry and commerce at or above the county level. The words "smoking is harmful to health" should be marked in the tobacco advertisements approved for release.

????Article 22 Education and training advertisements shall meet the following requirements:

????(a) not to enter a higher school, pass the exam, obtain a degree or certificate of qualification, or make a guarantee commitment to the effect of education and training;

????(two) shall not publicize the examination institutions or their staff, examination proposition personnel to participate in education and training;

????(three) shall not use the name of scientific research institutions, academic institutions, industry associations, professionals, beneficiaries for recommendation and certification.

????Article 23 Advertisements for commodities or services with expected return on investment, such as investment promotion, shall meet the following requirements:

????(a) there are reasonable tips or warnings about possible risks and risk liability;

????(2) No guarantee commitment shall be made to the future effects, benefits or related circumstances, and no capital preservation, risk-free or guaranteed benefits shall be expressed or implied, unless otherwise stipulated by the state;

????(three) shall not use the name of academic institutions, industry associations, professionals, beneficiaries for recommendation and proof.

????Article 24 A real estate advertisement shall meet the following requirements:

????(1) There shall be no financing or disguised financing, and there shall be no commitment of appreciation or return on investment;

????(two) the location of the project should be expressed by the actual distance of the project to the existing traffic trunk road of a specific reference, and not by the required time;

????(three) involving the price shall comply with the relevant provisions of the state, and clearly indicate the validity period of the price;

????(four) involving transportation, commerce, cultural and educational facilities and other municipal conditions under planning or construction, it shall be clearly stated;

????(five) the area should be indicated as the construction area or the interior construction area;

????(six) housing information should be true.

????Article 25 The expression of crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic fingerlings and breeding advertisements in terms of variety name, production performance, growth or yield, quality, resistance, special use value, economic value, scope and conditions suitable for planting or breeding shall be true, clear and understandable, and shall meet the following requirements:

????(1) Never make an assertion that cannot be verified scientifically;

????(2) It shall not contain unscientific assertions or guarantees indicating efficacy;

????(three) shall not analyze and predict the economic benefits or make a guarantee commitment;

????(four) shall not use the name of scientific research institutions, academic institutions, technology promotion agencies, industry associations or professionals or users for recommendation and certification.

????Article 26 Except for drugs, medical devices and medical advertisements, it is forbidden to use any other advertisements that involve the function of disease treatment, and medical terms or terms that easily confuse the marketed goods with drugs and medical devices are not allowed.

????Article 27 An advertisement that deceives or misleads consumers with false or misleading contents constitutes a false advertisement.

????An advertisement is a false advertisement in any of the following circumstances:

????(1) The goods or services promoted do not exist;

????(2) Information such as the performance, function, origin, use, quality, specifications, ingredients, price, producer, expiration date, sales status and honors of the promoted goods, or information such as the content, form, quality, price, sales status and honors of the services, as well as promises related to the goods or services, are inconsistent with the actual situation and have a substantial impact on the purchase behavior;

????(3) using fictitious, forged or unverifiable scientific research achievements, statistical data, survey results, abstracts, quotations and other information as supporting materials;

????(4) Fictitiously using goods or receiving services.

????Article 28 The administrative department for industry and commerce of the State Council shall, in accordance with this Law, independently or jointly with the relevant departments of the State Council, formulate specific specifications for advertising standards.

????Chapter III Advertising Activities

????Article 29 A radio station, television station, newspaper publishing unit that engages in advertising business shall set up an agency specializing in advertising business, be equipped with necessary personnel, have a place and equipment suitable for advertising, and register advertising with the local administrative department for industry and commerce at or above the county level.

????Article 30 Advertisers, advertising agents, advertisement publishers and advertisement referees shall conclude written contracts in advertising activities according to law.

????Article 31 Advertisers, advertising agents, advertisement publishers and advertisement referees shall not engage in any form of unfair competition in advertising activities.

????Article 32 When an advertiser entrusts the design, production and publication of an advertisement, it shall entrust an advertising agent or publisher with legal business qualifications.

????Article 33 Advertisers shall be responsible for the authenticity of the contents of advertisements.

????Article 34 Where an advertiser or advertising agent uses another person’s name or image in an advertisement, it shall obtain his prior written consent; Anyone who uses the name or image of a person with no capacity for civil conduct or a person with limited capacity for civil conduct shall obtain the written consent of his guardian in advance.

????Thirty-fifth advertising agents and publishers shall, in accordance with the relevant provisions of the state, establish and improve the registration, examination and file management system for advertising business.

????Thirty-sixth advertising agents and publishers shall publish their charging standards and methods.

????Article 37 The coverage, audience rating, click-through rate, circulation and other information provided by advertising publishers to advertisers and advertising operators shall be true.

????Article 38 No unit or individual may design, produce or publish advertisements for commodities or services whose production and sale are prohibited by laws and administrative regulations, or for commodities or services whose advertising is prohibited.

????Article 39 Advertisers who recommend and certify commodities and services in advertisements shall be based on facts and comply with the provisions of this Law and relevant laws and administrative regulations.

????An advertising recommender may not prove his unused goods or services.

????Fortieth, advertising activities shall not be carried out in primary and secondary schools and kindergartens, and advertisements shall not be published by using textbooks, teaching AIDS, workbooks, school uniforms and school buses of primary and secondary school students and children.

????Drugs, medical devices, medical treatment, online games and alcohol advertisements shall not be published in the mass media aimed at minors or on the frequencies, channels, programs and columns aimed at minors.

????Forty-first in any of the following circumstances, outdoor advertising shall not be set up:

????(a) using traffic safety facilities and traffic signs;

????(2) Affecting the use of municipal public facilities, traffic safety facilities and traffic signs;

????(three) hinder the production or people’s life, damage the appearance of the city;

????(four) in the state organs, cultural relics protection units, scenic spots and other building control zones, or in areas where the local people’s governments at or above the county level prohibit the installation of outdoor advertisements.

????Article 42 The local people’s governments at or above the county level shall organize the relevant departments of industry and commerce administration, urban and rural planning, urban construction, environmental protection, public security, transportation and other departments to formulate the planning and management measures for outdoor advertising.

????Article 43 No unit or individual may send advertisements to his residence, means of transport, fixed telephone, mobile phone or personal e-mail address without the consent or request of the party concerned, or if the party concerned expressly refuses.

????Forty-fourth managers of public places or telecom operators and Internet information service providers should stop them from using their places or information transmission platforms to publish illegal advertisements that they know or should know.

????Chapter IV Supervision and Administration

????Article 45 Before publishing advertisements for drugs, medical devices, pesticides, veterinary drugs and other commodities and services, and other advertisements that should be examined according to laws and administrative regulations, the relevant departments (hereinafter referred to as the advertisement examination organs) shall examine the contents of advertisements in accordance with relevant laws and administrative regulations. Without review, it shall not be published.

????Article 46 When applying for advertisement examination, advertisers shall submit relevant supporting documents to the advertisement examination organ in accordance with laws and administrative regulations.

????The advertising examination organ shall make an examination decision in accordance with the provisions of laws and administrative regulations. The advertising examination organ shall timely announce the approved advertisements to the public through the government website.

????Article 47 No unit or individual may forge, alter or transfer the decision document of advertisement examination.

????Article 48 The administrative department for industry and commerce may exercise the following functions and powers when performing the duties of advertising supervision and management:

????(a) to conduct on-site inspection of places and property suspected of engaging in illegal advertising activities;

????(2) Asking the party suspected of violating the law or its legal representative, principal responsible person and other relevant personnel, and investigating the relevant units or individuals;

????(three) require the parties suspected of violating the law to provide relevant documents within a time limit;

????(4) consulting and copying contracts, bills, account books, advertising works and other relevant materials related to suspected illegal advertisements;

????(5) sealing up and detaining advertising articles, business tools, equipment and other property related to suspected illegal advertisements;

????(six) ordered to suspend the publication of suspected illegal advertisements that may cause serious consequences;

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

????The relevant departments shall perform the duties of advertising management and exercise their functions and powers in accordance with relevant laws and administrative regulations.

????Article 49 The administrative department for industry and commerce of the State Council shall, jointly with the departments in charge of press, publication, radio, film and telecommunications of the State Council, formulate a code of conduct for advertising through mass media such as radio, film, television, newspapers, periodicals, mobile communication networks and the Internet.

????Article 50 When the administrative department for industry and commerce exercises its functions and powers in accordance with the provisions of this Law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct it.

????Article 51 The administrative department for industry and commerce of the State Council shall establish an advertising supervision and management information system, record the illegal advertising behaviors of advertisers, advertising agents, advertisement publishers and advertisement referees in credit files, and publicize them in accordance with relevant laws and administrative regulations.

????Article 52 The administrative department for industry and commerce, relevant departments and their staff have the obligation to keep confidential the business secrets they know in the advertising supervision and management activities.

????Article 53 Any unit or individual has the right to complain and report violations of this Law to the administrative department for industry and commerce and relevant departments. The administrative department for industry and commerce shall disclose to the public the telephone number, mail box or e-mail address for accepting complaints and reports, and shall deal with them according to law after receiving them, and inform the complainants and informants of the results in a timely manner.

????Chapter V Legal Liability

????Article 54 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, ordered by advertisers or responsible advertising agents and publishers to eliminate the influence within the corresponding scope, confiscated the advertising expenses, and imposed a fine of more than 3 times and less than 5 times the advertising expenses. If the advertising expenses cannot be calculated, a fine of more than 200,000 yuan and less than 1 million yuan shall be imposed:

????(1) publishing false advertisements;

????(2) publishing advertisements in circumstances prohibited by Article 10 of this Law;

????(three) in violation of the provisions of this law, publishing advertisements for drugs, health food, medical devices, medical treatment, pesticides and veterinary drugs;

????(4) Publishing advertisements in violation of the provisions of Articles 20, 21 and 26 of this Law;

????(five) in violation of the provisions of laws and administrative regulations, the use of advertising to promote the production and sale of prohibited goods or services, or prohibit the publication of advertising goods or services.

????If there are more than three illegal acts as mentioned in the preceding paragraph or there are other serious circumstances within two years, the advertising expenses shall be fined 5 times to 10 times, and the advertising business shall be stopped according to law, and the license shall be revoked by the relevant licensing department until the business license is revoked. If the advertising expenses cannot be calculated, a fine of not less than 1 million yuan but not more than 2 million yuan shall be imposed.

????Article 55 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, and the advertising expenses shall be confiscated, and a fine of more than one time and less than three times shall be imposed. If the advertising expenses cannot be calculated, a fine of more than 100,000 yuan and less than 200,000 yuan shall be imposed. If the circumstances are serious, a fine of more than 3 times and less than 5 times the advertising expenses shall be imposed, and the advertising business shall be stopped according to law, and the license shall be revoked by the relevant licensing department until the business license is revoked. If the advertising expenses cannot be calculated, a fine of more than 200,000 yuan and less than 1 million yuan shall be imposed:

????(1) The advertisement does not conform to the provisions of Article 9 of this Law;

????(2) The contents quoted in advertisements do not conform to the provisions of Article 12 of this Law;

????(3) Advertisements involving patents do not conform to the provisions of Article 13 of this Law;

????(4) In violation of the provisions of Article 14 of this Law, advertisements belittle other producers and operators or their commodities and services;

????(5) The advertisement does not conform to the provisions of Article 15 of this Law and is not recognizable;

????(6) publishing advertisements for feed and feed additives in violation of the provisions of Article 19 of this Law;

????(7) Publishing advertisements in violation of the provisions of Articles 22 to 25 and Article 40 of this Law;

????(eight) without approval, publishing advertisements that should be reviewed according to law.

????Where there are illegal acts as mentioned in the preceding paragraph, the administrative department for industry and commerce shall order advertisers or responsible advertising agents and publishers to eliminate the influence within the corresponding scope when necessary.

????Article 56 If a radio station, television station or newspaper publishing unit, in violation of the provisions of Article 29 of this Law, engages in advertising business without going through the registration of advertising, the administrative department for industry and commerce shall order it to make corrections, confiscate its illegal income, and impose a fine of more than one time and less than three times its illegal income; If the illegal income is less than 10,000 yuan, a fine ranging from 5,000 yuan to 30,000 yuan shall be imposed.

????Article 57 Where an advertising agent or publisher violates the provisions of Articles 35 and 36 of this Law, the administrative department for industry and commerce shall order it to make corrections and may impose a fine of less than 50,000 yuan; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed.

????Article 58 Where, in violation of the provisions of this Law, the recommender of an advertisement recommends or certifies goods and services in an advertisement knowing or should know that the advertisement is false, the administrative department for industry and commerce shall confiscate the illegal income and impose a fine of not less than 1 time but not more than 2 times the illegal income; Those who harm the legitimate rights and interests of consumers shall bear joint liability according to law.

????Article 59 Whoever, in violation of the provisions of Article 43 of this Law, sends advertisements to houses, means of transport, fixed telephones, mobile phones or personal e-mails shall be investigated and dealt with by the relevant departments in accordance with relevant laws and administrative regulations.

????Article 60 In violation of the provisions of Article 44 of this Law, managers of public places, telecom operators and Internet information service providers, knowing or should know that advertising activities are illegal and will not be stopped, shall be confiscated by the administrative department for industry and commerce. If the illegal income is more than 50,000 yuan, they shall be fined between 1 and 3 times the illegal income, and if the illegal income is less than 50,000 yuan, they shall be fined between 10,000 yuan and 50,000 yuan. If the circumstances are serious, the relevant departments shall stop the relevant business according to law.

????Article 61 If anyone, in violation of the provisions of this Law, conceals the real situation or provides false materials to apply for advertisement examination, the advertisement examination organ shall not accept or issue an advertisement approval number, give a warning and refuse to accept the applicant’s application for advertisement examination of the commodity or service within one year; Where an advertisement approval number is obtained by cheating, bribery or other improper means, the advertisement examination organ shall revoke the advertisement approval number, impose a fine of not less than 100,000 yuan but not more than 200,000 yuan, and refuse to accept the applicant’s application for advertisement examination of the commodity or service within three years.

????Article 62 Anyone who, in violation of the provisions of this Law, forges, alters or transfers the decision document of advertisement examination shall be confiscated by the administrative department for industry and commerce, and shall be fined between 10,000 yuan and 100,000 yuan.

????Article 63 Whoever, in violation of the provisions of this Law, refuses or obstructs the supervision and inspection by the administrative department for industry and commerce shall be ordered by the administrative department for industry and commerce to make corrections, and may be fined not more than 20,000 yuan for individuals and not more than 100,000 yuan for units.

????Article 64 If a radio station, television station, newspaper publishing unit publishes illegal advertisements in violation of the provisions of this Law, and the administrative department for industry and commerce makes a decision on administrative punishment, it shall notify the press, publication, radio, film and television department; If the circumstances are serious, the press, publication, radio, film and television departments shall stop the relevant business of the media, and punish the responsible leaders and persons directly responsible according to law.

????Article 65 Advertisers who, in violation of the provisions of this Law, publish false advertisements to deceive and mislead consumers, thus damaging the legitimate rights and interests of consumers who purchase goods or receive services, shall bear civil liability according to law; Advertising agents and publishers who design, produce and publish advertisements knowing or should know that they are false shall bear joint liability according to law.

????Advertising agents and publishers who cannot provide the real name and address of advertisers shall bear all civil liabilities.

????Article 66 Advertisers, advertising agents and publishers who violate the provisions of this Law and commit any of the following torts shall bear civil liability according to law:

????(1) damaging the physical and mental health of minors or disabled people in advertisements;

????(two) counterfeiting the patent of others;

????(three) demeaning other producers and operators and their goods and services;

????(4) Using another person’s name or image in an advertisement without consent;

????(five) other violations of the legitimate civil rights and interests of others.

????If advertisers, advertising agents, advertisement publishers and advertisement recommenders violate other laws and administrative regulations and damage the legitimate rights and interests of consumers, consumers have the right to require them to bear corresponding legal responsibilities in accordance with laws and administrative regulations on product quality, protection of consumers’ rights and interests, contract, tort liability and food safety.

????Article 67 The administrative department for industry and commerce and its staff shall exercise the power of administrative punishment in strict accordance with the types and ranges of punishment prescribed by this Law and according to the nature and specific circumstances of the illegal act. The specific measures shall be formulated by the administrative department for industry and commerce of the State Council.

????Article 68 If the advertising expenses are obviously low due to the administrative penalties stipulated in Articles 54 and 55 of this Law, the administrative department for industry and commerce shall determine the advertising expenses according to the charging standards announced by the advertisement publishers.

????Article 69 If the legal representative of a company or enterprise whose business license has been revoked due to violation of the provisions of this Law is personally responsible for the illegal act, he shall not serve as a director, supervisor or senior manager of the company or enterprise within three years from the date when the business license of the company or enterprise is revoked.

????Article 70 Whoever violates the provisions of this Law and constitutes a violation of public security administration shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

????Article 71 Where an advertising examination organ makes a decision on examination and approval of illegal advertising content, the responsible leaders and persons directly responsible shall be punished by the appointment and removal organ and the supervisory organ according to law.

????Article 72 Any staff member of the administrative department for industry and commerce and the advertising examination organ who neglects his duty, abuses his power or engages in malpractices for personal gain shall be punished according to law.

????Chapter VI Supplementary Provisions

????Article 73 The administration of non-commercial advertisements shall be implemented with reference to the relevant provisions of this Law.

????The state encourages and supports public service advertising activities, and advertisement publishers have the obligation to publish and broadcast public service advertisements, spread socialist core values and advocate civilized fashion. The relevant units and individuals shall abide by the provisions of the state on public service advertisements and undertake the duties of publishing and broadcasting public service advertisements. Measures for the administration of public service advertisements shall be formulated by the administrative department for industry and commerce of the State Council jointly with relevant departments.

????Article 74 This Law shall come into force as of.

????Attachment:Comparison table before and after the revision of People’s Republic of China (PRC) Advertising Law