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Interim Measures For Internet Advertising

Original Language Title: 互联网广告管理暂行办法

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Article 1 In order to regulate the Internet campaign to protect the legitimate rights and interests of consumers, and promote the healthy development of the Internet advertising industry, to maintain fair competition in the market economic order, according to "People's Republic of China Advertising Law" (hereinafter referred to as advertising law) and other laws and administrative regulations, development of this approach.

The second use of the Internet campaign, advertising law and provisions of these Measures.

Third term of the Internet advertising, is through the sites, pages, Internet applications and other Internet media, text, images, audio, video or other form, directly or indirectly, to sell goods or services commercials.

The aforesaid Internet advertising include:

(a) contains links to sell goods or services, text, pictures or videos and other forms of advertising;

(b) sell goods or services, e-mail advertising;

(iii) to sell goods or services paid search advertising;

(iv) to promote the commercial display of goods or services in advertising, legal, rules and regulations of the operators should present information to consumers in accordance with its provisions;

(v) other selling commercial goods or services through the Internet medium.

Article advertising industry to encourage and support the organization in accordance with laws, regulations, rules and regulations, the development of industry standards, strengthen self-discipline, and promote the development of the industry, leading members of law in the Internet campaign to promote the Internet advertising industry integrity of the building.

Article laws and administrative regulations prohibit the production, sale of goods or services provided, and the prohibition of advertising of goods or services, and any unit or individual shall on the Internet design, production, agents, advertising .

Prohibit the use of the Internet release of prescription drugs and tobacco advertising.

Article medical, pharmaceutical, food formula for special medical purposes, medical apparatuses, pesticides, veterinary drugs, health food advertising and other laws and administrative regulations shall be subject to ad advertisement examination authority to review specific goods or services, uncensored, do not post.

Article Internet advertising shall be distinguishable, prominently marked "advertisement" to enable consumers to identify it as advertising.

Paid search advertising and organic search results should be clearly differentiated.

Article VIII of using the Internet to publish, send advertisements, shall not affect the normal use of the network users. Internet page in the form of pop-up advertisements, signs should be prominently marked closed to ensure a close bond.

Shall not deceive entice a user clicks on the ad content.

Without permission is prohibited additional advertising or advertising links in e-mail users send.

Article IX Internet advertisers, advertising operators and Internet campaign shall conclude a written contract between the law by advertising.

Article X Internet advertisers should be responsible for the authenticity of the ad content.

Advertisers publish Internet advertising should have, subject identity, administrative license, citing the contents of other documents, shall be authentic, legitimate and effective.

Advertisers through its own website or have the legal right to use their own Internet media advertising, Internet advertising can be entrusted to operators and advertisement publishers advertising.

Internet advertisers commissioned Internet advertising operators and advertisement publishers publish ads, edit your ad content, shall be in writing or otherwise, can be identified to provide a notification service Internet advertising operator, advertising By.

Article 11 Advertisers or advertising operators who push or display Internet advertising, and advertising content can be checked to determine natural persons, legal persons or other organizations of advertising, Internet advertising publisher.

Article XII Internet advertising publishers, advertising agents shall, in accordance with relevant state regulations establish and improve Internet advertising business to undertake the registration, examination and file management system; the identification and registration of audit advertiser's name, address and valid contact information and other information on the subject of identity, establish and periodically verify the registration files updated.

Internet advertising publishers, advertising agents shall examine relevant documents, check the ad content does not match the content of advertising or incomplete documents shall not design, production, agents, publishers.

Internet advertising publishers, advertising agents and advertising regulations should be familiar with the Ad Review staff; conditions should also set up a special body that examines Internet advertising.

Article XIII Internet advertising can buy advertising programmatic manner, through information integration advertising demand-side platform, media-side platforms and advertising information exchange platform provided by the data analysis and other services targeted publish.

Purchase advertising Internet advertising published by procedures, and advertising demand-side platform operators should be clearly marked ad source.

Article XIV advertising demand-side platform is to integrate the needs of advertisers, provide publishing services for advertisers advertisers service platform. Advertising demand-side platform operator Internet advertising publishers, advertising agents.

Party platform media refers to the integration of media resources side, the provider of advertising media assigned to the owner or manager of media services and screening platform.


Advertising information exchange platform to provide data exchange, analysis of data processing platform matching transaction settlement services.

Article XV advertising demand-side platform operators, media party platform operators and advertisement information exchange platform operators and members of the media side of the platform, at the conclusion of the Internet advertising contract, the contract shall examine the main counterpart identity documents, real name, address and valid contact information, establish and periodically verify the registration files updated.

Media party platform operators and advertisement information exchange platform operators and members of the media party platform, it knows or should know of the illegal ads should be taken to remove, screen, broken links and other technical measures and management measures, be stopped.

Article XVI Internet campaign following acts are prohibited:

(a) to provide or use applications, hardware, and other advertising to others doing business taking intercept, filter, cover, fast Jin and other restrictive measures;

(ii) use of network access, network devices, applications, and the disruption of normal advertising data, tampering with or blocking others doing business ads, unauthorized ad is loaded;

( c) the use of false statistics, dissemination of results or the value of the Internet medium, inducing error quote, to seek illegitimate interests or harm the interests of others. Internet information service providers

Article XVII was not involved in business activities of Internet advertising, Internet advertising is only to provide information services, it knows or should know to use its information services publishing illegal advertisements, should be stopped.

Article XVIII Internet advertising illegal imposition of administrative penalties under the jurisdiction of advertising by local industrial and commercial administrative departments. Advertising by local industrial and commercial administrative department under the jurisdiction of different places advertisers, advertising operators have difficulties, advertisers, advertising agents illegal situation can be transferred advertisers, advertising agents and local industrial and commercial administrative department.

Advertiser location, advertising agents local industrial and commercial administrative department first found clues or illegal receipt of complaints and reports can also be carried jurisdiction.

Advertisers themselves illegal advertisements published administrative punishment, governed by the advertiser local industrial and commercial administrative departments.

Article XIX industry and commerce administration departments in the investigation of illegal advertising, you can exercise the following powers:

(a) of suspected illegal campaign places on-site inspection;
| || (b) ask the alleged illegal party concerned, the relevant entity or individual investigations;

(c) requires the parties alleged illegal deadline to provide the relevant supporting documents;

(4) Consulting, copy and suspected illegal advertising-related contracts, bills, books, and Internet advertising creative background data, the use of screen shots, save pages, pictures and other methods confirmed that Internet advertising content;

(e) ordered to suspend publication may cause serious the consequences of alleged illegal advertising.

When the administrative department for industry and commerce according to law to exercise powers prescribed in the preceding paragraph, the parties shall assist and cooperate and shall not refuse, obstruct or conceal the truth.

Diershitiao industrial and commercial administrative department for technical monitoring Internet advertising recorded data can be used as electronic data evidence on illegal Internet advertising take impose administrative penalties or administrative measures.

Article XXI in violation of the provisions of Article 5, using the Internet to sell advertising ban on the production, the sale of products or services, or prohibit advertising of goods or services, in accordance with the Advertising Law the provisions of Article 57 of the fifth item be punished; violation of the rules of Article 2, using the Internet to publish prescription drugs, tobacco advertising, advertising in accordance with Article 57 of the second law, the provisions of the fourth be punished.

Article 22 violates the provisions of Article VI, uncensored advertising shall be punished in accordance with the provisions of the Advertising Law Article 58, paragraph XIV item.

Article 23 Internet advertising in violation of the provisions of Article 7, do not be distinguishable shall be punished in accordance with the provisions of the Advertising Law Article 59, paragraph 3.

Article 24 violates the provisions of Article VIII of the first paragraph, using the Internet to publish a classified, indicated no significant signs and to ensure a close button is off, in accordance with the second paragraph of Article 63 of the Advertising Law the provisions of punishment; breach of the second paragraph, third paragraph, in order to deceive entice a user clicks on the ad content, or without permission, additional advertising or advertising links in an email sent by the user, and ordered to make corrections at a yuan fine of 30,000 yuan.

Article 25 violates the provisions of Article 12 paragraphs of this article, Internet advertising publishers, advertising agents has not been established in accordance with relevant state regulations, improve advertising management system, or No advertising content be checked shall be punished in accordance with the provisions of Article 61.1 of the Advertising law.

Article 26 of the following circumstances shall be ordered to make corrections and a fine of one million yuan 30,000 yuan:

(a) advertising demand-side platform operator violates the Article 13 second paragraph, programmatic way to buy advertisements not indicated sources;


(Ii) as an intermediary party platform operators and advertisement information exchange platform operators and media platform party members, in violation of the first paragraph of Article 15, second paragraph, does not fulfill the relevant obligations.

Article 27 violates the provisions of Article XVII, Internet information service provider knows or should know not to stop illegal Internet advertising activity, shall be punished in accordance with the provisions of Article 64 of the Advertising Law. Administrative penalties Article 28

industrial and commercial administration departments in accordance with the Advertisement Law and the provisions made by decision, it shall publicize through business credit information publicity system.

Article 29 These Measures shall go into effect September 1, 2016.