ADVERTISING LAW OF THE PEOPLE’S REPUBLIC OF CHINA

(Adopted at the 10th Meeting of the Standing Committee of the Eighth National People’s Congress on October 27, 1994; revised at the 14th Meeting of the Standing Committee of the Twelfth National People’s Congress on April 24, 2015; and amended in accordance with the Decision on Amending Fifteen Laws including the Advertising Law of the People’s Republic of China adopted at the 6th Meeting of the Standing Committee of the Thirteenth National People’s Congress on October 26, 2018)

Chapter I — General Provisions

Article 1. This Law is enacted for the purposes of regulating advertising activities, protecting the lawful rights and interests of consumers, promoting the sound development of the advertising industry, and maintaining the social and economic order.

Article 2. This Law shall apply to commercial advertising activities carried out within the territory of the People’s Republic of China by commodity operators or service providers, directly or indirectly, through certain media or forms, to introduce the commodities or services that they market.

For purposes of this Law, the term “advertiser” means any natural person, legal person or other organization that designs, produces or publishes advertisements on its own behalf, or procures others to design, produce or publish advertisements, to market its commodities or services.

For purposes of this Law, the term “advertising agent” means any natural person, legal person or other organization that, upon entrustment, provides advertising design, production or agency services.

For purposes of this Law, the term “advertising publisher” means any natural person, legal person or other organization that publishes advertisements for advertisers or for their entrusted advertising agents.

For purposes of this Law, the term “advertising spokesperson” means any natural person, legal person or other organization that, other than an advertiser, makes recommendations or certifications on its own behalf or in its own name with respect to a commodity or service in an advertisement.

Article 3. Advertisements shall be truthful and lawful and shall convey the requirements of socialist cultural and ideological advancement with healthy expressive forms.

Article 4. Advertisements shall not contain false or misleading content; advertisers shall not deceive or mislead consumers.

Advertisers shall be responsible for the veracity of the content of their advertisements.

Article 5. Advertisers, advertising agents and advertising publishers shall, when engaging in advertising activities, observe laws and regulations, be honest and trustworthy, and compete fairly.

Article 6. The market supervision and administration department of the State Council shall be responsible for the supervision and administration of advertising activities nationwide. The relevant departments of the State Council shall be responsible for the supervision and administration of advertising activities within the scope of their respective duties.

The market supervision and administration department of a local people’s government at or above the county level shall be responsible for the supervision and administration of advertising activities within its administrative region. The relevant departments of a local people’s government at or above the county level shall be responsible for the supervision and administration of advertising activities within the scope of their respective duties.

Article 7. Trade associations in the advertising industry shall, in accordance with laws, regulations and their articles of association, formulate industry norms, strengthen self-discipline within the industry, promote the development of the industry, and guide members in engaging in advertising activities in accordance with law, so as to promote the integrity of the advertising industry.

Article 8. Where the performance, function, place of origin, usage, quality, composition, price, manufacturer, term of validity, warranty, or any other information related to a commodity, or the content, form, quality, price, warranty, or any other information related to a service is stated in an advertisement, such information shall be accurate, clear and explicit.

Where an advertisement states that the marketing of a commodity is accompanied by a gift, the variety, specification, quantity, term and manner of such gift shall be explicitly stated.

Where any matter is subject to approval in accordance with laws or administrative regulations, the advertisement shall explicitly state the approval document number.

Article 9. An advertisement shall not contain any of the following:

(1) Use of, or use in disguised form of, the national flag, national emblem, national anthem, military flag, military emblem or military anthem of the People’s Republic of China;

(2) Use of, or use in disguised form of, the name or image of any state organ or state functionary;

(3) Use of words such as “national level,” “highest level” or “best”;

(4) Content that impairs the dignity or interests of the state, divulges state secrets, endangers national security or harms social and public interests;

(5) Content that impedes social stability or causes detriment to public order and good morals;

(6) Content endangering the physical or mental safety of persons, or damaging property, or divulging personal privacy;

(7) Content that interferes with social public order or violates good social customs;

(8) Content carrying obscenity, pornography, gambling, superstition, terror or violence;

(9) Content involving ethnic, racial, religious or gender discrimination;

(10) Content that impairs the environment, natural resources or the protection of cultural heritage;

(11) Other circumstances prohibited by laws or administrative regulations.

Article 10. Advertisements shall not harm the physical and mental health of minors or persons with disabilities.

Chapter II — Advertising Content Guidelines

Article 11. Where an advertisement involves any administrative licensing matter, the scope of such license shall be consistent with the scope of the license.

Where any data, statistical information, survey findings, digest, quotation or any other quoted content is used in an advertisement, the source shall be indicated, and the quoted content shall be truthful, accurate and complete. The quoted content shall have a specific scope and applicable context.

Article 12. Where an advertisement involves a patented product or patented process, the patent number and patent type shall be stated.

Any person who has not obtained a patent right shall not make any false representation in an advertisement that the patent right has been obtained.

No person may use any unexamined patent application, or any terminated, revoked or invalid patent, in an advertisement.

Article 13. An advertisement shall not disparage the commodities or services of any other producer or operator.

Article 14. An advertisement shall be clearly identifiable as such and enable consumers to identify it as an advertisement.

Mass media may not publish advertisements in the form of news coverage. Advertisements published through mass media shall include a distinctive advertising mark to distinguish them from non-advertising information, and consumers shall not be misled.

Article 15. No advertisement may be published for the following commodities:

(1) Narcotic drugs, psychotropic substances, toxic drugs for medical use, radioactive pharmaceuticals, pharmaceutical precursor chemicals and any other special drugs, and drugs, medical devices and treatment methods for drug rehabilitation treatment, as prohibited by laws and administrative regulations; and

(2) Other commodities whose advertising is prohibited by laws or administrative regulations.

Article 16. An advertisement for a medical treatment, pharmaceutical product or medical device shall not contain any of the following:

(1) Assertions or guarantees of efficacy or safety;

(2) Statements of the cure rate or success rate;

(3) Comparisons with the efficacy or safety of other medical treatment methods, pharmaceutical products or medical devices;

(4) Use of advertising spokespersons making recommendations or certifications;

(5) Other content prohibited by laws or administrative regulations.

In a pharmaceutical advertisement, if a product requires, in accordance with the relevant provisions, a warning statement to be stated in the instructions for use, the advertisement shall prominently display such statement.

An advertisement for a pharmaceutical product available only on prescription shall prominently display: “This advertisement is intended only for the reference of medical and pharmaceutical professionals.” An advertisement for a pharmaceutical product available without a prescription shall prominently display: “Please purchase and use according to the instructions for use of the pharmaceutical product or under the guidance of a pharmacist.”

An advertisement for a medical device intended for personal household use shall prominently display: “Please read the product manual carefully or purchase and use under the guidance of medical personnel.” An advertisement for a medical device recommended for use by medical institutions shall prominently display: “This advertisement is intended only for reference by medical and pharmaceutical professionals.”

Article 17. Advertisements shall not involve the treatment of diseases, and shall not use such wording that may cause the advertised commodity to be confused with a pharmaceutical product or medical device, unless the advertisement is for a medical treatment, pharmaceutical product or medical device.

Article 18. Advertisements for health foods shall not contain any of the following:

(1) Assertions or guarantees of efficacy or safety;

(2) Statements involving disease prevention or treatment functions;

(3) Statements or implications that the advertised product is necessary for safeguarding health;

(4) Comparisons with other pharmaceutical products, health foods or other food products;

(5) Use of advertising spokespersons making recommendations or certifications;

(6) Other content prohibited by laws or administrative regulations.

In an advertisement for a health food, it shall be prominently indicated: “This product is not a substitute for pharmaceutical products.”

Article 19. Media such as radio stations, television stations, newspapers, periodicals, audio and video publishers, and internet information service providers may not publish advertisements in disguised forms such as introducing health or health-preservation knowledge.

Media such as radio stations, television stations, newspapers, periodicals, audio and video publishers and internet information service providers, when introducing health or health-preservation knowledge for the purpose of disseminating medical treatment, pharmaceutical products, medical devices or health foods, shall not contain the names or images of the advertisers, agents or publishers of advertisements for such commodities.

Article 20. An advertisement shall not contain any content prohibited by laws or administrative regulations with respect to commodities or services, or content that falls outside the permitted business scope or product specifications.

Article 21. Where relevant laws or administrative regulations contain specific provisions on the content to be expressed in advertisements, the advertisements shall be published in compliance with such provisions.

Article 22. It is prohibited to set up outdoor advertisements at the following places or on the following structures:

(1) Places or structures that impede the use of traffic safety facilities or traffic signs;

(2) Places or structures that affect the use of municipal public facilities, traffic safety facilities, traffic signs or fire-fighting facilities;

(3) Places or structures that impede the passage of pedestrians or vehicles or threaten safety;

(4) Buildings within the scope of protection of cultural relics or historical sites;

(5) Other places or structures where outdoor advertisements are prohibited by the local people’s government at or above the county level.

Article 23. No tobacco advertisement may be published through mass media, in public places, on public transportation vehicles or outdoors. It is prohibited to publish any tobacco advertisement targeting minors.

It is prohibited to use any other commodity or service advertisement or public service advertisement to promote the name, trademark, packaging, decoration or any similar content of a tobacco product.

Where a tobacco manufacturer or seller publishes a social announcement concerning a change of address, recruitment or any other advertisement without solicitation, the name or trademark of the tobacco product shall not be used.

No tobacco product promotion or sponsorship event in disguised form shall be conducted.

Article 24. Other than those required by laws or administrative regulations, an advertisement shall not contain any content that is produced or distributed without the consent of the person concerned, or that involves the personal privacy, right of name, portrait or any other lawful rights and interests of any other person.

Article 25. Where an advertisement solicits business or investment, the advertiser shall give a warning to consumers with respect to the possible risks and the responsibilities to be assumed in respect thereof, and shall make reasonable representations or guarantees.

An advertisement soliciting business or investment shall not contain any of the following:

(1) Guarantees of value preservation or value addition, or unconditional risk-free commitments with respect to future effects, returns or any other circumstances related thereto;

(2) Express or implied warranty of guaranteed return of principal, or absence of risk;

(3) Use of any academic institution, trade association, professional person, beneficiary or other person as a recommender or certifier; or

(4) Other content prohibited by laws or administrative regulations.

Article 26. A real estate advertisement shall state the source, location and size of the real estate, and shall not contain any of the following:

(1) Guarantees of value preservation or value increase, or commitment of investment return;

(2) Description of the location of the project by reference to the time required to reach a specific landmark;

(3) Statements that violate the relevant state provisions on pricing administration;

(4) Misleading publicity about planning or construction of transportation, commerce, cultural or educational facilities, or other municipal public facilities.

Article 27. Crop seeds, breeding livestock and poultry, aquatic fry and fingerlings, as well as plant variety rights and new plant variety rights advertisements, shall not contain any of the following:

(1) Scientific assertions such as assurances of increased production or value addition;

(2) Express or implied warranties with respect to economic benefits;

(3) Use of the name or image of any scientific research institution, academic institution, technology promotion institution, trade association, professional person or user as a recommendation or certification.

Article 28. An advertisement shall be deemed a false advertisement if it involves any of the following circumstances that deceive or mislead consumers:

(1) The commodity does not exist or the service is unavailable;

(2) Information about a commodity or service — such as performance, function, place of origin, usage, quality, specifications, composition, price, manufacturer, term of validity, sales status or honors received — is inconsistent with the actual situation and has a material impact on the purchase decision, or the advertised commodity or service has never received any of the honors or awards stated in the advertisement;

(3) The advertised commodity or service does not meet the actual quality, specification or composition stated in the advertisement; or

(4) Fictitious use of any fabricated information or any other content that is inconsistent with the actual situation, thereby deceiving or misleading consumers.

Chapter III — Advertising Activities

Article 29. A radio station, television station, newspaper, periodical, audio and video publisher or internet information service provider engaged in advertising publishing business shall establish specialized departments and designate specialized persons to be responsible for advertising examination, and shall not publish advertisements in violation of this Law.

Article 30. An advertiser shall, when designing, producing or publishing an advertisement, provide truthful, lawful and valid documentary evidence for the following items in accordance with the law:

(1) Business license and other qualification certificates for production and operation;

(2) Where the content of the advertisement involves matters that require administrative licensing, the approval document of the relevant administrative authority; and

(3) Other documentary evidence as required by laws or administrative regulations.

Where an advertising agent or advertising publisher has reason to suspect that the advertiser has not provided true, lawful or valid documentary evidence, the advertising agent or advertising publisher may require the advertiser to provide supplementary evidence.

Article 31. Advertising agents and advertising publishers shall, in accordance with the relevant state provisions, establish and improve systems for undertaking registration, review and archive management of advertising operations. They shall check relevant documentary evidence in accordance with the law and verify the content of advertisements. Advertising agents and advertising publishers shall not design, produce, act as agents for or publish advertisements that do not comply with the provisions of laws or administrative regulations.

Article 32. Advertising agents and advertising publishers shall publish their fee-charging standards and methods in accordance with the relevant state provisions.

Article 33. Where an advertisement is published outdoors, the provisions of the local regulations on outdoor advertising shall be complied with.

Article 34. Advertisements shall be clearly identifiable as such and shall not mislead consumers.

Article 35. Where any advertisement is published by means of radio, television, film, newspapers, periodicals, internet or any other mass media, the advertising agent or advertising publisher shall obtain and examine the relevant documentary evidence provided by the advertiser in accordance with the relevant state provisions and shall verify the content of the advertisement.

Article 36. No advertisement shall be published by any means that disrupts the normal order of public life, traffic order or the management of public places.

Article 37. Advertisers, advertising agents and advertising publishers shall not engage in any form of unfair competition in advertising activities.

Article 38. Advertising agents and advertising publishers may not charge any fees beyond the published fee-charging standards.

Article 39. Where the content of an advertisement requires examination and approval by the relevant administrative authority in accordance with laws or administrative regulations, the advertisement shall be submitted for examination as required. Without examination and approval, the advertisement shall not be published.

Article 40. The following advertisements shall be submitted to the relevant administrative authority for examination before publication; without examination, the advertisement shall not be published:

(1) Advertisements for pharmaceutical products, medical devices, health foods and formula foods for special medical purposes as required by laws and administrative regulations to be examined; and

(2) Other advertisements required by laws or administrative regulations to be examined.

Article 41. Where an advertiser applies for examination of an advertisement, it shall submit the application and the relevant certification materials to the advertisement examination authority in accordance with the law. The advertisement examination authority shall, in accordance with the provisions of laws and administrative regulations, make a decision on the examination and send a copy of the examination approval document to the market supervision and administration department at the same level. The advertisement examination authority shall promptly publish the approved advertisements to the public.

Article 42. No entity or individual may forge, alter or transfer an advertisement examination approval document.

Article 43. No entity or individual may, without the consent or request of the party concerned, send advertisements to a residence, transportation vehicle or other location in a form that interferes with personal life.

No entity or individual may send advertisements by electronic means without the consent or request of the party concerned.

Where advertisements are sent by electronic means, the sender’s true identity shall be stated, contact information shall be provided, and a method shall be provided enabling the recipient to refuse further receipt of such advertisements in a convenient manner.

Article 44. An advertisement published or sent via the internet shall not affect the normal use of the internet by users. Pop-up advertisements and other similar advertisements published on internet pages shall be prominently marked with a close sign to ensure one-click closure.

Article 45. Where an internet information service platform or telecommunications operator, as an advertising publisher, publishes or sends advertisements, it shall not obstruct users’ normal use of the internet and may not publish or send advertisements by fraud or deception.

Chapter IV — Supervision and Administration

Article 46. The market supervision and administration departments shall perform the following duties in advertising supervision and administration:

(1) Formulate specific systems and measures for advertising supervision and administration;

(2) Supervise and inspect the implementation of laws and administrative regulations concerning advertising;

(3) Investigate and handle illegal advertising activities; and

(4) Other duties as prescribed by laws or administrative regulations.

Article 47. Market supervision and administration departments may exercise the following powers when investigating suspected illegal advertising activities:

(1) Conduct on-site inspections of the places where the persons suspected of engaging in illegal advertising activities are located;

(2) Question the persons suspected of illegal advertising activities, interested parties, witnesses or any other relevant persons, and require them to provide explanations on matters related to the suspected illegal activities, or other relevant materials and information;

(3) Examine and copy contracts, invoices, account books and other materials related to the suspected illegal advertising activities;

(4) Seal up or seize property related to the suspected illegal advertising activities; and

(5) Order the persons suspected of illegal advertising activities to temporarily cease the suspected illegal advertising activities.

Article 48. The relevant departments of the State Council shall, within the scope of their respective duties, be responsible for the administration of advertising activities involving specific industries.

Article 49. Market supervision and administration departments shall strengthen the daily supervision and inspection of advertising activities and promptly investigate and handle illegal advertising activities.

Article 50. Market supervision and administration departments shall establish a credit archive for advertisers, advertising agents and advertising publishers, which shall be made public in accordance with the law.

Article 51. Market supervision and administration departments shall establish a monitoring system for advertising release and improve the monitoring measures for advertising activities.

Article 52. Any entity or individual shall have the right to report or complain about illegal advertising activities to the market supervision and administration departments or the relevant departments. The relevant departments shall handle such reports and complaints in accordance with the law.

Article 53. Market supervision and administration departments shall, in conjunction with the relevant departments, establish and improve a mechanism for mutual reporting of advertising supervision and administration information and a mechanism for information sharing among relevant departments.

Article 54. Advertising industry organizations shall, in accordance with laws, regulations and their articles of association, formulate industry norms and standards, strengthen industry self-discipline, guide members to engage in advertising activities in accordance with the law and promote the integrity of the industry.

Chapter V — Legal Liability

Article 55. Where an advertiser publishes a false advertisement in violation of the provisions of this Law, the market supervision and administration department shall order it to cease publishing the advertisement, order it to eliminate the effects within the corresponding scope, and impose a fine of not less than three times but not more than five times the advertising expenses. If the advertising expenses cannot be calculated or are obviously too low, a fine of not less than 200,000 yuan but not more than 1,000,000 yuan shall be imposed. If there are three or more violations within two years or there are other serious circumstances, a fine of not less than five times but not more than ten times the advertising expenses shall be imposed; if the advertising expenses cannot be calculated or are obviously too low, a fine of not less than 1,000,000 yuan but not more than 2,000,000 yuan shall be imposed, and the business license may be revoked, and the approval document for examination of the advertisement shall be revoked by the advertisement examination authority, and its application for examination of advertisements shall not be accepted within one year.

Where a medical institution commits any of the illegal acts set forth in the preceding paragraph and the circumstances are serious, in addition to the punishment by the market supervision and administration department in accordance with this Law, the health administrative department may revoke the diagnosis and treatment subjects or the practice license of the medical institution.

Where an advertising agent or advertising publisher, knowing or having reason to know that an advertisement is false, still designs, produces, acts as an agent for or publishes the advertisement, the market supervision and administration department shall confiscate the advertising expenses and impose a fine of not less than three times but not more than five times the advertising expenses; if the advertising expenses cannot be calculated or are obviously too low, a fine of not less than 200,000 yuan but not more than 1,000,000 yuan shall be imposed; if there are three or more violations within two years or there are other serious circumstances, a fine of not less than five times but not more than ten times the advertising expenses shall be imposed; if the advertising expenses cannot be calculated or are obviously too low, a fine of not less than 1,000,000 yuan but not more than 2,000,000 yuan shall be imposed, and the relevant department may suspend the advertising publishing business, revoke the business license or revoke the advertising registration certificate.

Where an advertising spokesperson recommends or certifies commodities or services in a false advertisement, knowing or having reason to know that the advertisement is false, the market supervision and administration department shall confiscate the illegal gains and impose a fine of not less than one time but not more than two times the illegal gains.

Article 56. Where any advertisement published in violation of the provisions of this Law contains content prohibited by Articles 9 through 12, 15, 16, 18, 22, 23, 25, 26, 27, 43, 44 or 45 or any other provision of this Law, the market supervision and administration department shall order the cessation of the publication of the advertisement, order the advertiser to eliminate the effects within the corresponding scope, and impose a fine of not less than 200,000 yuan but not more than 1,000,000 yuan on the advertiser; if the circumstances are serious, a fine of not less than 1,000,000 yuan but not more than 2,000,000 yuan shall be imposed, and the business license may be revoked, and the approval document for examination of the advertisement shall be revoked by the advertisement examination authority, and its application for examination of advertisements shall not be accepted within one year. The illegal gains of the advertising agent or advertising publisher shall be confiscated, and a fine of not less than 200,000 yuan but not more than 1,000,000 yuan shall be imposed on the advertising agent or advertising publisher; if the circumstances are serious, a fine of not less than 1,000,000 yuan but not more than 2,000,000 yuan shall be imposed, and the relevant department may suspend the advertising publishing business, revoke the business license or revoke the advertising registration certificate.

Article 57. The market supervision and administration department shall order the cessation of publishing an advertisement that contains any of the following content, and impose a fine of not less than 200,000 yuan but not more than 1,000,000 yuan on the advertiser; if the circumstances are serious, a fine of not less than 1,000,000 yuan but not more than 2,000,000 yuan shall be imposed, and the business license may be revoked; and the approval document for examination of the advertisement shall be revoked by the advertisement examination authority, and its application for examination of advertisements shall not be accepted within one year:

(1) Content that impairs the dignity or interests of the state;

(2) Content that impedes social stability;

(3) Content related to obscenity, pornography, gambling, superstition, terror or violence;

(4) Content involving ethnic, racial, religious or gender discrimination; or

(5) Other content prohibited by laws or administrative regulations.

Article 58. Where an advertisement published in violation of the provisions of this Law contains content prohibited by Article 14, 17, 19, 20 or 21 of this Law, the market supervision and administration department shall order the cessation of the publication of the advertisement and impose a fine of not more than 100,000 yuan on the advertiser.

Where a radio station, television station, newspaper, periodical, audio and video publisher or internet information service provider publishes an advertisement in disguised form in violation of the provisions of Article 19 of this Law, the market supervision and administration department shall order it to make corrections and impose a fine of not more than 100,000 yuan on the advertising publisher.

Article 59. Where an advertiser publishes an advertisement in violation of the provisions of Article 13 of this Law by disparaging the commodities or services of any other producer or operator, the market supervision and administration department shall order the cessation of the publication of the advertisement, order the advertiser to eliminate the effects within the corresponding scope, and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan.

Article 60. Where a mass media publishes an advertisement in the form of news coverage in violation of the provisions of Article 14 of this Law, the market supervision and administration department shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan on the advertising publisher.

Article 61. Where an advertiser publishes an advertisement in violation of the provisions of Article 15 of this Law for a commodity whose advertising is prohibited by law, the market supervision and administration department shall order the cessation of the publication of the advertisement and impose a fine of not less than 200,000 yuan but not more than 1,000,000 yuan on the advertiser; if the circumstances are serious, a fine of not less than 1,000,000 yuan but not more than 2,000,000 yuan shall be imposed, and the business license may be revoked, and the approval document for examination of the advertisement shall be revoked by the advertisement examination authority, and its application for examination of advertisements shall not be accepted within one year.

Article 62. Where an advertiser provides false documentary evidence in violation of the provisions of Article 30 of this Law, the market supervision and administration department shall impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.

Article 63. Where an advertisement is published by way of distributing advertising materials or circulars without indicating the name and address of the advertiser, the market supervision and administration department shall order the relevant party to make corrections and may impose a fine of not more than 5,000 yuan.

Article 64. Where an advertiser publishes an advertisement in violation of the provisions of Article 43 or 44 of this Law, the market supervision and administration department shall order it to cease the illegal act and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan on the advertiser.

Where an internet information service platform or telecommunications operator publishes any advertisement in violation of the provisions of Article 45 of this Law, it shall be punished in accordance with the provisions of the preceding paragraph.

Article 65. Where any entity or individual commits an illegal act in respect of advertising, it shall be recorded in its credit archive and publicized in accordance with the provisions of relevant laws and administrative regulations.

Article 66. Where any administrative organ fails to perform its advertising supervision and administration duties in accordance with the law, or commits any illegal act in the course of supervision and administration, the directly responsible person in charge and other directly responsible persons shall be subject to administrative sanctions in accordance with the law.

Article 67. Where an advertiser, advertising agent or advertising publisher violates the provisions of this Law by committing any of the following acts, the market supervision and administration department shall order it to make corrections and may impose a fine of not more than 50,000 yuan:

(1) Failing to indicate the matters required by law in the advertisement;

(2) Failing to submit the advertisement for examination as required;

(3) Failing to establish and improve the advertising business undertaking registration, review or archive management system, or failing to publish the fee-charging standards and methods, in violation of the relevant state provisions;

(4) Using an unexamined patent application in the advertisement, or using a terminated, revoked or invalid patent in the advertisement; or

(5) Other acts in violation of the provisions of this Law.

Article 68. Where the violation of this Law constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 69. Where an advertisement infringes upon the civil rights and interests of any other person, the advertiser, advertising agent, advertising publisher or advertising spokesperson shall bear civil liability in accordance with the law.

Where an advertiser, advertising agent, advertising publisher or advertising spokesperson engages in any of the following acts in a false advertisement, thereby causing damage to the lawful rights and interests of consumers, the advertiser shall bear civil liability in accordance with the law; if the advertising agent or advertising publisher is unable to provide the true name, address and valid contact information of the advertiser, the advertising agent or advertising publisher shall pay compensation in advance:

(1) Advertising a commodity or service that does not exist;

(2) The performance, function, place of origin, usage, quality, specifications, composition, price, manufacturer, term of validity, sales status, honors received or any other information about a commodity, or the content, form, quality, price, warranty or any other information about a service, is inconsistent with the actual situation and has a material impact on the purchase decision; or

(3) Using any other false or misleading content to deceive or mislead consumers.

Article 70. Where a personal advertisement published in violation of the provisions of this Law causes damage to consumers, the advertiser shall bear civil liability in accordance with the law; if the advertising publisher or any other organization or individual that publishes the personal advertisement is unable to provide the true name, address and valid contact information of the advertiser, the advertising publisher or the organization or individual shall pay compensation in advance.

Where an advertisement in relation to commodities or services concerning the life and health of consumers is a false advertisement, thereby causing damage to consumers, the advertising agent, advertising publisher and advertising spokesperson shall bear joint and several liability with the advertiser.

Where any advertisement other than those set forth in the preceding paragraph is a false advertisement, thereby causing damage to consumers, and the advertising agent, advertising publisher or advertising spokesperson knew or should have known that the advertisement was false and still designed, produced, acted as agent for, published or made recommendations or certifications in respect of the advertisement, the advertising agent, advertising publisher or advertising spokesperson shall bear joint and several liability with the advertiser.

Article 71. Where any entity or individual forges, alters or transfers an advertisement examination approval document, the market supervision and administration department shall confiscate the illegal gains and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Article 72. The state encourages and supports public interest litigation with respect to advertisements. Where any entity or individual publishes a false advertisement in violation of the provisions of this Law, thereby damaging the lawful rights and interests of consumers or the public interest, the consumer association and other relevant organizations may bring public interest litigation in accordance with the law.

Article 73. Where an advertiser, advertising agent, advertising publisher or advertising spokesperson is subject to an administrative penalty imposed by the market supervision and administration department for violating the provisions of this Law, if the advertiser, advertising agent, advertising publisher or advertising spokesperson refuses to accept the penalty decision, it may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.

Chapter VI — Supplementary Provisions

Article 74. The state encourages and supports the conduct of public service advertising activities and shall promote the dissemination of socialist core values through public service advertisements.

The content of public service advertisements shall comply with the provisions of laws and regulations and the requirements of socialist cultural and ideological advancement.

No public service advertisement shall contain any commercial content or the name, image, logo or any other content with commercial overtones of any enterprise or commodity, except as otherwise provided by the state.

Specific measures for the administration of public service advertisements shall be formulated by the market supervision and administration department of the State Council in conjunction with the relevant departments.

Article 75. This Law shall come into effect on September 1, 2015.