Jiangsu public service short message sending specification document

The Seventh Session of the Standing Committee of the 13th National People's Congress of Jiangsu Province recently passed the Regulations on Advertising in Jiangsu Province. The "Regulations" make detailed provisions on many criticized advertising chaos such as false propaganda, paid search and telephone sales of health products, strengthen the management of advertisements in new media such as the Internet, and clearly protect individual rights from commercial advertisements.

Pop-up ads should be closed with one button.

At present, the proportion of advertisements in the Internet, mobile terminals, Weibo, WeChat and other new media is increasing, and paid search, sales calls and advertisement pop-ups are pervasive, which deeply puzzles the public. Some members of the Standing Committee of the Provincial People's Congress and experts suggested that it is necessary to add some targeted regulations.

The regulations clearly protect individuals' right not to be harassed by commercial advertisements, emphasizing that "without the consent or request of the parties, advertisements shall not be sent to their fixed telephones, mobile phones or personal e-mail boxes by making phone calls or sending electronic messages", and it is clear that the practice of "attaching advertisements or advertising links to electronic messages" is also regarded as sending advertisements.

Pop-up advertisements flying all over the Internet are extremely disgusting. In this regard, it is clearly stipulated that the use of the Internet to publish and send advertisements shall not affect users' normal use of the Internet, nor shall they induce users to click on advertising content by deception. "Advertisements published in the form of pop-ups on Internet pages should be marked with a closing sign to ensure one-click closing". The regulations also stipulate that the "fraudulent click" advertisement shall be ordered to be corrected by the market supervision and management department, and a fine of 1 10,000 yuan but not more than 30,000 yuan shall be imposed.

In recent years, the user search results page of the paid project "Ba Ping" has repeatedly become a news hotspot. In the finally passed regulations, the specification of Internet information search service was specially increased, requiring that "Internet paid search advertisements should be clearly distinguished from natural search results". These regulations also stipulate the obligation of Internet advertisement publishers to check linked advertisements, requiring that "the advertising content directly related to the front-end page advertisements in the linked pages should be checked together".

What should I do if I find illegal advertisements? The regulations clarify the responsibilities of both parties. Internet information service providers and telecom business operators shall take measures such as deleting, shielding, disconnecting links and stopping transmission to stop illegal advertisements. And asked the communication management department to urge two responsibility people to fulfill the regulations.

Prohibit the "soft text" and "soft wide" of health care products

This legislation is very cautious. We fully solicited opinions from the society on the Internet, held symposiums of relevant departments, solicited opinions from the advertising industry, and conducted extensive research in many places in our province.

Some members of the Standing Committee and some localities have suggested that the advertising law has provisions on the illegal situation of typical advertisements, and local legislation does not need to be repeated, so some more targeted and detailed supplements can be made in light of the actual situation. As a result, the Regulations further improve the situation of disguised advertisements, refine the situation that constitutes false advertisements, and increase the guidelines for health food and other food advertisements. The regulations clearly stipulate that food advertisements other than health food shall not promote health care functions, and shall not express or imply that certain ingredients have health care functions by promoting their functions. At the same time, there are many restrictions on advertisements of medicines, medical treatment, medical devices, health food and formula food for special medical purposes. For example, advertisements must not contain assertions or guarantees about efficacy and safety, publicize the cure rate and efficiency, or compare with the efficacy and safety of other drugs and medical devices or other medical institutions.

Members of the Standing Committee of the Provincial People's Congress generally said during the deliberation that newspapers, television and other mainstream media rely on the authority and influence of the mass media, which are highly instructive to consumers and easily mislead the audience. It is necessary to strengthen the supervision and management of mainstream media advertisements, urge mainstream media to actively review, limit advertising time, and carefully put advertisements involving food, medicine, health food and products. In this regard, it is stipulated that "soft text" and "soft text reading" are prohibited, and mass media and audio-visual publishing units are required not to publish advertisements of drugs, medical care, medical devices, health food and formula food for special medical purposes in disguised form in the form of medical information and introduction of health and wellness knowledge. At the same time, these advertisements shall not use the names and images of patients, medical personnel and related professionals or medical research units, academic institutions and medical institutions. As proof of recommendation.

Compulsory apportionment of public service advertisements is not desirable.

Advertising industry is a market-oriented industry, which needs to consider the feelings of consumers and other stakeholders fairly. This consideration is reflected in the absolute terms and the norms of public service advertisements.

The Advertising Law explicitly prohibits the use of such terms as "national level", "highest level" and "best" in advertisements, and sets a legal minimum fine of 200,000 yuan. In this regard, some experts and local governments suggest that the use of absolute terms in advertisements not only misleads consumers, but also belittles peers. It is an unfair commercial means and should be punished, but it should not be expanded. Some departments and many advertising companies have suggested that there is no relatively uniform standard on how to identify absolute terms in the process of law enforcement, and it is urgent to formulate clear operational regulations. As a result, clauses were added to the finally passed regulations, which clearly excluded some situations that should not be regarded as absolute clauses, so as to unify the law enforcement standards. These exceptions are words indicating time and spatial order, awards and titles evaluated according to laws and regulations, classified words recognized according to national standards for specific industries and fields, words indicating advertisers' goals, and factual information such as sales volume, sales volume and market share that can be objectively verified.

Some members of the Standing Committee of the Provincial People's Congress suggested that public service advertisements should be standardized and measures should be taken to promote their sustainable development. In some places, some advertising industry representatives have suggested that public service advertising is necessary, but it should also protect the legitimate rights and interests of market participants. It is required that the release of public service advertisements should be carried out according to law, and "public welfare" should not be turned into "apportionment" to increase the burden on enterprises. Therefore, the regulations finally passed not only point out that the mass media should publish public service advertisements in accordance with the requirements of the layout, time slot and duration stipulated by the state, but also clarify that "if it is required to publish public service advertisements beyond the prescribed scope and agreed obligations, it shall pay advertising fees". The regulations also require local governments at or above the county level to "establish and improve the promotion mechanism for the development of public service advertisements, coordinate the release of public service advertisements, promote the government to purchase public service advertisements, and promote the sustainable development of public service advertisements".