Measures of Hubei Province for the Implementation of the Advertising Law of the People's Republic of China (2001 Amendment)

Article 1 is for the purpose of regulating advertising activities, promoting the healthy development of the advertising industry, giving full play to the positive role of advertising in the socialist market economy, and protecting the legitimate rights and interests of consumers and advertisers, advertising operators, and advertising publishers. , These measures are formulated in accordance with the "Advertising Law of the People's Republic of China" and relevant laws and regulations, and based on the actual conditions of our province. Article 2 These Measures apply to units and individuals engaged in advertising business and management activities within the administrative region of this province.

The term "advertisement" as mentioned in these Measures refers to the direct or indirect introduction of the goods that the commodity operators or service providers are promoting through newspapers, periodicals, radio, television, movies, printed matter, neon lights and other media or forms at their own expense. or commercial advertising of services provided. Article 3 The industrial and commercial administrative department of the Provincial People's Government is the provincial advertising supervision and management agency. The industrial and commercial administrative departments of the people's governments of cities, states, and counties (districts) are responsible for the supervision and management of advertising activities within their respective administrative regions. Article 4 People's governments at or above the county level and their industrial and commercial administrative departments shall actively create conditions to gradually implement the advertising agency system and create a good external environment for the development of the advertising industry. Article 5 The administrative departments for industry and commerce at or above the county level shall work with relevant departments to formulate plans for public service advertisements: advertising operators and advertising publishers shall design, produce, and publish a certain number of public service advertisements every year. Article 6 Advertisement content should be true and legal. In line with the requirements of the construction of socialist spiritual civilization, consumers must not be deceived or misled. Article 7 The images, language, Chinese pinyin, measurement units, etc. used in advertisements shall comply with relevant national regulations.

Advertisements must not imitate others’ advertisements in terms of overall design, text, slogans, commentary, music, etc. misunderstand consumers. Article 8 In addition to complying with the provisions of laws and regulations, the following advertisements shall also clearly, unambiguously and completely state relevant matters:

(1) Advertisements that promote goods or provide services to provide preferential treatment and profit-sharing shall indicate the implementation of The time limit, range and amount of discounts and profits;

(2) Advertisements that promote goods or provide services with gifts, and if they are limited or limited-time gifts, the total amount and duration of the gifts should be indicated;

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(3) Advertisements that promote equipment with special accessories should also indicate the accessories that must be purchased for the equipment and their prices;

(4) Advertisements that promote seeds and seedlings should indicate the appropriate The geographical scope and conditions for planting and cultivating;

(5) Advertisements to promote technology. The name of the technical appraisal department and the time of appraisal shall be indicated;

(6) Mail order product advertisements, information advertisements, and technology transfer advertisements shall indicate the advertiser’s real name, detailed address, and contact time in a prominent position . Advertisements for mail-order goods should also indicate the time limit for sending the mail-order goods after receiving the remittance;

(7) Advertisements that use scientific inventions and other scientific research results must be accurate and appropriate, and the source must be indicated. Article 9 Advertisements promoting equipment, seeds, seedlings and technologies shall not contain analysis or prediction of the market supply and demand and economic effects of products produced using the equipment, seeds, seedlings and technologies. and deceptive package acquisitions with promises of manufactured products.

Design, production and advertising of goods and services that are prohibited from advertising by laws and regulations are prohibited. Article 10 Mass media shall not publish advertisements in the form of news reports or investigative interviews. Advertisements published through mass media should have advertising marks. Distinguish it from other non-advertising information. Do not mislead consumers. Article 11 Medical advertisements shall not contain the following content:

(1) Containing unscientific assertions or guarantees indicating efficacy;

(2) Promoting cure rates, effectiveness, etc. Diagnosis and treatment results;

(3) Using the names and images of medical research units, academic institutions, medical institutions or experts, doctors, and patients as proof;

(4) Involving drugs , preparations.

Article 12 Units and individuals engaged in the following advertising activities. Advertising business registration must be carried out at the industrial and commercial administration department in accordance with relevant national regulations;

(1) Engaging in advertising business activities or organizing arts, sports, exhibitions, selections and other activities involving temporary advertising business;

(2) Setting up and publishing outdoor advertisements, or setting up advertising display screens;

(3) Engaging in printed advertising activities;

(4) Legal, Laws and regulations stipulate that other advertising registration procedures should be completed. Article 13 Advertising operators and advertising publishers shall apply to the industrial and commercial administration department for annual inspection of advertising business qualifications from January 1 to April 20 of each year. The industrial and commercial administration department shall announce those that pass the annual inspection. Article 14 When entering into a written contract for advertising activities between advertisers, advertising operators and advertising publishers, they must use the advertising contract model text uniformly produced by the industrial and commercial administrative department. Article 15 Advertising operators and advertising publishers shall have advertising reviewers responsible for reviewing advertising content.

Advertising examiners must hold the "Advertising Examiner Qualification Certificate" issued by the provincial industrial and commercial administration department before they can engage in advertising examination work. Article 16 For advertisements that have been approved for publication, except for broadcasts which do not need to broadcast the advertisement approval number, other advertisements shall also publish the approval number: printed advertisements shall have the approval number, name and address of the printer printed in a conspicuous position. Article 17 Advertising operators and advertising publishers shall establish an advertising archives management system. Set up separate advertising accounting books and use special invoices for the advertising industry.