Press "Enter" to skip to content

Internet Advertising Breakdown

Content Prohibitions
Format Prohibitions and Requirements
Livestream Marketing
Archiving and Recording Requirements
Other Duties and Responsibilities of Parties
Investigative Measures 
The Full Text of the Rules Can be Found Here:

Content Prohibitions

  1. Total Prohibition on Tobacco ads, including for e-cigarettes (art. 6), building on Adlaw article 22.
  2. Total prohibition on Prescription Medicine ads (art. 6) following Adlaw article 15.
  3. Advance review is required for other medical ads (medical care, pharmaceuticals, medical devices, pesticides, veterinary medicine, health foods/supplements, and special foods for medical purposes) (art. 12)
    1. Health product ads cannot be disguised as articles on health and fitness information. 8 【Punishable under Adlaw 59p3 by a fine of up to 100,000 RMB】
    2. Advertisements for health products cannot be placed near articles on health and fitness information. 8
  4. Minors: Internet media (including sites, apps, and official accounts) aimed at minors must not contain ads for health products, cosmetics, alcohol, beauty supplies, and potentially harmful online games. (art. 12) building on Adlaw article 40.

Format Prohibitions and Requirements

  1. Ads must be distinguishable and identifiable (Art. 9).  【Punishable under Adlaw 59p3 by a fine of up to 100,000 RMB】
    1. paid listings in search results must be separated.
    2. Even ads in the form of articles, explainers, experience sharing, and consumer reviews with means of purchasing including must be identified.
  2. Pop-up ads must be closable by a single click on a clearly labeled ‘close symbol’ (art.10). Building on Adlaw art. 44, and punishable under Adlaw art. 62 by a fine of between 5,000 and 30,000 RMB.
    1. No wait periods before closing is allowed.
    2. No fake, unclear, or hard-to-locate close symbols
    3. No requiring multiple clicks to close.
    4. No repeat pop-ups on the same page after closure.
    5. See also
  3. No tricky means to encourage ad viewing, such as fake system messages, mislabeled controls (play or pause buttons etc.), or false promises of prizes. (art. 11) 【Punishable by fines of 5,000 to 30,000 RMB】
  4. No ads sent to vehicles, navigation equipment, or smart home electronics, absent express consent or request. (art. 17p2) 【punishable by fines of 5,000 to 30,000 RMB】
  5. No attaching ads to emails or instant messages sent by users (art. 17p2) 【punishable by fines of 5,000- 30,000 RMB】
  6. Government affairs sites and media accounts, etc, must not have ads or paid listings in search results. art 17p1) 【Punishable by 5,000 to 30,000 RMB】
  7. Advertisers (publishers and agents) must ensure that linked content relates to front-end content.【 punishable by a fine of up to 5,000 RMB】

Livestream Marketing (art. 19)

  1. Livestreaming can constitute an advertisement, and all responsibilities of advertisers apply, where others produce, design, or publish the content, they can bear responsibility as advertising agents and publishers.
  2. Livestreamers endorsing goods and services in their own name can be considered spokespersons.
    1. See also

       

Archiving and Recording Requirements

  1. Advertisers, Agents, Publishers
    1. Ads published directly by the advertiser on their own media are to be archived for 3 years from the final publication date. (art.13) 【Punishable by a fine of up to 5,000 RMB】
    2. Advertising agents and publishers are to archive advertisers’ identity information, contact information, and advertising activity for three years from the final publication date. (art. 14) 【Punishable under Adlaw art. 60 by a fine of up to 50,000 RMB】
    3. Rules for algorithmic placement of ads, and records of placement are to be included in archives. (art 15) 【Agents and Publishers punishable under Adlaw art. 60 by a fine of up to 50,000 RMB, Advertisers punished by a fine of up to 5,000 RMB for self-published ads】
  2. Internet Platforms (article 16)
    1. Record information of users who publish ads for at least 3 years following publication. 【Punishable by a fine of between 10,000 and 50,000 RMB】
    2. Keep records of illegal advertising and measures used to address it.
    3. Keep records of revisions to advertisements. 【Punishable by a fine of between 10,000 and 50,000 RMB】

Other Duties and Responsibilities of Parties

  1. Advertisers (art. 13)
    1. responsible for the truth of advertisements
  2. Agents and publishers (art. 14)
    1. not support unqualified advertisers 【punishable under Adlaw art. 60 by a fine of up to 50,000 RMB】
    2. appoint personnel familiar with relevant laws to review ads 【punishable under Adlaw art. 60 by a fine of up to 50,000 RMB】
    3. Cooperate with investigations and provide materials. 【Punishable by fines of between 10,000 and 50,000 RMB】
  3. Internet Platforms (art. 16)
    1. Monitor and screen advertising content published using their services, and take action to address illegal content. 【Punishable under Adlaw art. 63 based on unlawful gains from allowing illegal content】
    2. Establish mechanisms for addressing complaints and reports. 【Punishable by a fine of between 10,000 to 50,000】
    3. Must not technically impede market administration authorities’ monitoring of advertisements 【Punishable by a fine of between 10,000 to 50,000】
    4. Address users who publish illegal advertising, through warnings or stopping services.
    5. Cooperate with investigations and provide materials. 【Punishable by fines of between 10,000 and 50,000 RMB】

Investigative Measures (art. 21) by Market Regulation depts (SAMR)

  1. On-site investigations
  2. Question parties, personnel, and leadership of units.
  3. Request that documents be provided within a certain time period
  4. Reproduce contracts, receipts, account books, advertisements, ad data, and make screen captures, saved pages, photos, and recordings.
  5. Seize or seal ads, tools, equipment, and other property.
  6. Suspend the publication of illegal ads that might cause serious consequences.
  7. Other Means
  8. Parties must cooperate. [Failure punishable by
  9. Market regulation departments’ technically monitoring internet advertising mentioned in art. 22, 16(4)
Click to rate this post!
[Total: 0 Average: 0]

Print this entry

Jeremy Daum is a Senior Fellow of the Yale Law School Paul Tsai China Center, based in Beijing, with over a decade of experience working in China on collaborative legal reform projects. His principal research focus is criminal procedure law, with a particular emphasis on protections of vulnerable populations such as juveniles and the mentally ill in the criminal justice system, and is also an authority on China’s ‘Social Credit System’. Jeremy has spoken about these issues at universities throughout China and in the U.S.; and has co-authored a book on U.S. Capital Punishment Jurisprudence for Chinese readers. He is also the founder and contributing editor of the collaborative translation and commentary site Chinalawtranslate.com, dedicated to improving mutual understanding between legal professionals in China and abroad.
He translates, writes, edits, does web-design, graphic design, billing, tech support, and social media outreach for China Law Translate.

Be First to Comment

    Leave a Reply

    Your email address will not be published. Required fields are marked *

    Translate