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On November 26, the State Administration for Market Regulation issued an announcement on its website stating that in accordance with the “Advertising Law of the People’s Republic of China” and other laws, the State Administration for Market Regulation drafted the “Internet Advertising Management Measures (Public Draft for comments)"
.
In the explanation on the revision of the "Interim Measures for the Administration of Internet Advertising," the State Administration for Market Regulation mentioned that the revised "Measures" have a total of 31 articles
.
In terms of specific content, the "Draft of Opinions" released this time clarified that Internet media such as websites, web pages, and Internet applications aimed at minors shall not be used to publish medical treatment, medicines, health food, medical equipment, cosmetics, alcohol, etc.
Beauty advertisements and online game advertisements that are not conducive to the physical and mental health of minors; the Internet may not be used to publish prescription drug advertisements
.
At the same time, the "Measures" mentioned that Internet live broadcasts must not be used to publish advertisements for medical treatment, medicines, formula foods for special medical purposes, medical equipment or health foods
.
Anyone who violates the provisions of paragraph 2 of Article 6 of these Measures by using the Internet to publish prescription drugs or tobacco advertisements shall be punished in accordance with the provisions of paragraphs 2 and 4 of Article 57 of the Advertising Law
.
Article 57 of the Advertising Law mentions that if one of the following acts is committed, the market supervision and management department shall order the suspension of advertisements and impose a fine of 200,000 yuan up to 1 million yuan on advertisers.
If the circumstances are serious, they may also be fined If the business license is revoked, the advertising review agency will revoke the advertising review approval documents and refuse to accept its advertising review applications within one year; for advertising operators and advertising publishers, the market supervision and management department will confiscate advertising expenses and impose a penalty of more than 200,000 yuan on one million yuan If the circumstances are serious, a fine of less than RMB yuan may revoke the business license and revoke the registration certificate for advertising
.
These include the publication of prescription drug advertisements in violation of Article 15 of the Advertising Law, and the publication of medical treatments, medicines, health foods, medical devices, cosmetics, etc.
on the mass media targeted at minors in violation of Article 40 Paragraph 1 of the Advertising Law Alcohol, beauty advertisements, and online game advertisements that are not conducive to the physical and mental health of minors
.
Measures for the Administration of Internet Advertising (Draft for Public Comment) Article 1 is to regulate Internet advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of the Internet advertising industry, and maintain fair competition in the market economy.
According to the "Advertising Law of the People's Republic of China" ( Hereinafter referred to as the Advertising Law) "The Electronic Commerce Law of the People's Republic of China" (hereinafter referred to as the Electronic Commerce Law) and other laws and administrative regulations formulate these Measures
.
Article 2.
In the territory of the People’s Republic of China, commercial advertising activities that use websites, webpages, Internet applications and other Internet media to directly or indirectly promote goods or services in text, pictures, audio, video or other forms shall be subject to the Advertising Law and The provisions of this approach
.
In commercial exhibitions, in accordance with laws, administrative regulations, rules and relevant national regulations, the name, specification, model, grade, price, use method, production method, precautions and other information of the goods or services that should be provided to consumers shall be in accordance with Its provisions
.
Article 3 Advertisers mentioned in these Measures refer to natural persons, legal persons or other organizations that design, produce, and publish Internet advertisements on their own or by entrusting others to promote goods or services
.
The term "Internet advertising operators" as used in these Measures refers to natural persons, legal persons or other organizations that accept commissions to provide Internet advertising design, production, and agency services
.
The term "Internet advertising publishers" as used in these Measures refers to natural persons, legal persons or other organizations that use Internet media to publish advertisements for advertisers or advertising operators entrusted by advertisers
.
The Internet information service providers mentioned in these Measures refer to natural persons, legal persons or other organizations that provide information services through the Internet and have not participated in activities such as the design, production, agency, and release of Internet advertisements
.
Article 4 Internet advertising should be true and legal, adhere to the correct orientation, express advertising content in a healthy form, and meet the requirements of the construction of socialist spiritual civilization and the promotion of the excellent traditional culture of the Chinese nation
.
Internet advertising market entities should abide by laws, administrative regulations, rules and relevant state regulations, be honest and trustworthy, and compete fairly
.
Article 5 Encourage and support advertising industry organizations to formulate industry norms, self-discipline conventions, and related standards in accordance with laws, regulations, rules, and relevant national regulations, strengthen industry self-discipline, and guide various Internet advertising market entities to actively practice socialist core values, according to law Engage in Internet advertising activities, promote the integrity and ethics of the advertising industry, and promote the healthy development of the Internet advertising industry
.
Article 6 No entity or individual may use the Internet to design, produce, represent, or publish advertisements for products or services that are prohibited from being produced or sold by laws and administrative regulations, and for goods or services for which advertisements are prohibited
.
Do not use the Internet to advertise prescription drugs and tobacco
.
Article 7 Advertisements for special products or services that are subject to review by the advertising review agency as required by laws and administrative regulations such as advertisements for medical treatment, drugs, formula foods for special medical purposes, medical devices, pesticides, veterinary drugs, health foods, etc.
, shall not be published without review
.
For advertisements that are subject to review, they shall be published in strict accordance with the content approved by the review, and shall not be edited, spliced, modified, or added links, QR codes, and other content
.
If the content of an advertisement that has been examined and passed needs to be changed, it shall reapply for advertisement examination
.
Article 8 Internet advertisements should be identifiable, enabling consumers to identify them as advertisements
.
For the promotion of goods and services in the form of bidding rankings, news reports, experience sharing, consumption evaluation, etc.
, or other forms of additional shopping links through the Internet media, the “advertisement” shall be clearly marked
.
Article 9 Internet advertisements published in the form of start-up, video interruption, pop-up, etc.
shall be marked with a close sign to ensure one-click close.
The following circumstances shall not be allowed: (1) There is no close sign or the countdown needs to end to close; (2) The closing logo is false and cannot be clearly identified or positioned; (3) To close a single advertisement requires more than two clicks; (4) During the process of browsing the same page, the advertisement will continue to pop up after closing; (5) Other effects one-click close the behavior of
.
Do not induce users to click on ads in a deceptive or misleading manner
.
Article 10 The Internet may not be used to publish off-campus training advertisements for primary, secondary, and kindergartens
.
It is not allowed to use Internet media such as websites, web pages, and Internet applications aimed at minors to post advertisements for medical treatment, medicine, health food, medical equipment, cosmetics, alcohol, and beauty, as well as online game advertisements that are not conducive to the physical and mental health of minors
.
Article 11 Advertisers shall be responsible for the authenticity and legality of Internet advertising content
.
The identity of the subject, the administrative license, and the content of quotations that advertisers need to have for publishing Internet advertisements shall be true, legal and effective
.
Advertisers can publish advertisements on their own through their own websites or other Internet media with legal use rights, or they can entrust Internet advertising operators and advertisement publishers to publish advertisements
.
Advertisers publishing Internet advertisements on their own shall ensure that the publication channels comply with the requirements of laws and administrative regulations, and perform file management and other responsibilities that the advertisement publisher shall bear in accordance with the law
.
Advertisers who entrust the publication of Internet advertisements shall notify the Internet advertising operators and advertisement publishers that provide services to them in writing or in other ways that can be confirmed when modifying the content of advertisements
.
If an overseas advertiser without a representative office or branch in the country publishes or commissions an advertisement for cross-border e-commerce retail imported goods through a cross-border e-commerce platform, the advertiser shall entrust a company in writing to provide customs declaration, payment, logistics, etc.
Domestic market entities with warehousing and other information bear the responsibility of advertisers
.
Article 12 Internet advertising operators and publishers shall abide by the following provisions: (1) Establish and improve the registration, review, and file management systems for the undertaking of Internet advertising business in accordance with relevant state regulations; (2) Review, check and register the advertiser’s name , Address and effective contact information, record and save the relevant electronic data of advertising activities, establish registration files and regularly verify and update them, and the relevant files shall be kept for no less than three years from the date of termination of advertising; Advertising certification documents, check advertising content, Internet advertising operators shall not provide design, production, agency services, and Internet advertising publishers shall not publish advertisements with inconsistent contents, administrative licenses that should be obtained but not obtained, or other incomplete certification documents; (4) Equipped with advertising reviewers who are familiar with advertising laws and regulations, and where conditions permit, special institutions should be set up to be responsible for Internet advertising review; (5) Participate in statistical surveys of the advertising industry in accordance with the law, and provide statistical data truthfully, accurately, complete, and timely
.
Article 13: Platform operators that provide Internet information services shall take measures to prevent and stop false and illegal advertisements, improve the discovery and disposal of illegal and criminal activities, provide advertising and promotion, and implant malicious code or insert illegal information into technical measures in advertising services.
And abide by the following regulations: (1) Record and save the names, addresses, and contact information of advertisers, Internet advertising operators, and advertisement publishers, and the relevant information records shall be kept for no less than three times from the date of termination of the information service provision.
(2) To monitor and inspect the content of advertisements displayed and published using its information services, and those who know or should know to publish illegal advertisements shall take measures such as notice correction, deletion, blocking, and disconnection to stop them, and keep relevant Record and report to the public security organs in a timely manner if illegal or criminal activities are involved; (3) Establish an effective complaint and report acceptance and handling mechanism, set up a convenient complaint and report portal or publish complaint and report methods, and promptly accept and handle public complaints and reports; (4) Cooperate with the market supervision and management department to carry out advertising monitoring in accordance with the law; (5) Cooperate with the market supervision and management department in investigating illegal Internet advertising activities in accordance with the law, and in accordance with the requirements of the market supervision and management department, promptly adopt technical means to store evidence of suspected illegal advertisements, and provide relevant advertisements truthfully Information such as the name, name, contact information of the main and Internet advertising operators and advertising publishers, relevant records of advertisement modification, and transaction data of the goods or services involved; The responsible entities of illegal advertisements implement measures such as warnings, suspension or termination of services, and publicize them to the public
.
Article 14: Using algorithm recommendation and other methods to publish Internet advertisements, the background data of the delivery program belongs to the Internet advertising business archives
.
Internet advertising business archives and relevant certification documents are kept for no less than three years from the date of termination of advertising; where laws and administrative regulations provide otherwise, follow those provisions
.
Article 15 The use of the Internet to publish and send advertisements shall not affect the normal use of the Internet by users
.
Without the user's consent or request, not additional advertising or advertising links in e-mail or Internet instant messages sent by the user, not send Internet advertising to their vehicles, navigation equipment, intelligent home appliances
.
It is not allowed to insert advertisements when users search government service websites and related applications
.
Article 16 When publishing Internet advertisements that contain links, advertisers, Internet advertising operators, and advertisement publishers shall check the contents of advertisements in the next-level links
.
If Internet advertising operators and advertising publishers can prove that they have fulfilled relevant responsibilities, take measures to prevent the content of linked advertisements from being tampered with, and provide the true name, address and contact information of the subject of illegal advertising activities, they may be lightened, mitigated or not in accordance with the law.
Give administrative penalties
.
Article 17 If the content of the Internet live broadcast constitutes a commercial advertisement, the relevant live broadcast room operator and live broadcast marketer shall perform the responsibilities and obligations of the Internet advertising operator, advertisement publisher or advertising spokesperson
.
It is not allowed to use the Internet to broadcast advertisements for medical treatment, medicines, formula foods for special medical purposes, medical equipment or health foods
.
Article 18 The administrative penalties imposed on illegal acts of Internet advertising shall be under the jurisdiction of the market supervision and management department where the advertisement publisher is located
.
Where the market supervision and administration department in the place where the advertisement publisher has jurisdiction over the off-site advertisers, advertising operators, Internet information service providers, and advertising spokespersons has difficulties, they may transfer the illegal circumstances of the advertisers, advertising operators, or Internet information service providers to the advertisers, The local market supervision and management department of advertising operators and Internet information service providers shall deal with it; where advertising spokespersons are involved, their violations may be transferred to the registration place of the advertising spokesperson’s brokerage company, the place of residence of the advertising spokesperson, or the market supervision and management department of the place of residence for handling
.
The market supervision and management department where the advertiser is located or where the advertising business is located may also exercise jurisdiction if it first discovers clues about illegality or receives complaints or reports
.
Administrative penalties for illegal Internet advertisements published by advertisers themselves shall be under the jurisdiction of the market supervision and management department where the advertisers are located
.
Article 19 The market supervision and management department may exercise the following powers when investigating and punishing illegal Internet advertisements: (1) Conduct on-site inspections of places suspected of engaging in illegal advertising activities; (2) Inquire the suspected illegal parties or their legal representatives, who are mainly responsible (3) Request the parties suspected of violating the law to provide relevant supporting documents within a time limit; (4) Checking and copying contracts, bills, account books, advertising works and Internet advertisements related to the suspected illegal advertisements Back-end data, using methods such as screenshots, screen recordings, web page preservation, photographs, audio recordings, and video recordings to confirm the content of Internet advertisements; Order to suspend the publication of suspected illegal advertisements that may cause serious consequences; (7) Other functions and powers provided by laws and administrative regulations
.
When the market supervision and management department exercises the functions and powers stipulated in the preceding paragraph in accordance with the law, the parties shall assist and cooperate, and shall not refuse, obstruct or conceal the true information
.
Article 20 The technical monitoring records of Internet advertising by the market supervision and management department may be used as electronic data evidence for administrative penalties or administrative measures for illegal Internet advertising
.
Article 21 In violation of the provisions of Article 6 Paragraph 1 of these Measures, using Internet advertising to promote products or services that are prohibited from being produced or sold, or goods or services for which advertisements are prohibited, shall be in accordance with Article 57 of the Advertising Law.
Penalties are imposed under five provisions
.
Anyone who violates the provisions of paragraph 2 of Article 6 of these Measures by using the Internet to publish prescription drugs or tobacco advertisements shall be punished in accordance with the provisions of paragraphs 2 and 4 of Article 57 of the Advertising Law
.
Article 22 In violation of the provisions of Article 7 of these Measures, those who publish advertisements without review or publish Internet advertisements without review and approval documents shall be punished in accordance with the provisions of Article 58 Paragraph 1, Item 14 of the Advertising Law
.
Article 23 Violation of Article 8 of these Measures and Internet advertisements that are not identifiable shall be punished in accordance with Article 59 Paragraph 3 of the Advertising Law
.
Article 24 Those who violate the provisions of Article 9 Paragraph 1 of these Measures by using the Internet to publish advertisements without clearly marking the shutdown sign to ensure one-click closure shall be punished in accordance with the provisions of Article 62 Paragraph 2 of the Advertising Law
.
Violation of the second paragraph of Article 9 of these Measures by deceiving or misleading users to induce users to click on advertisements shall be ordered by the market supervision and management department at or above the county level to make corrections, and the responsible advertisers, advertising operators, and advertisement publishers shall be punished A fine of less than three times the illegal income, but the maximum is not more than 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed
.
Article 25 Anyone who violates the provisions of Article 10, Paragraph 1 of these Measures and uses the Internet to publish off-campus training advertisements shall be ordered by the market supervision and management department at or above the county level to make corrections.
A fine of less than three times the illegal income, but the maximum is not more than 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed.
If laws and administrative regulations have other provisions on law enforcement agencies and legal responsibilities, follow those provisions
.
Violation of the second paragraph of Article 10 of these Measures shall be punished in accordance with the provisions of paragraph 6 of Article 57 of the Advertising Law
.
Article 26 In violation of Article 12, Paragraph 1, 2, 3, and Article 14 of these Measures, Internet advertising operators and advertisement publishers fail to establish and improve advertising business management systems in accordance with the regulations, Or if the content of the advertisement is not checked, it shall be punished in accordance with the provisions of paragraph 1 of Article 60 of the Advertising Law
.
Violation of Article 12, Item 5 of these Measures and failing to provide statistical survey data of the advertising industry as required shall be ordered by the market supervision and management department at or above the county level to make corrections and impose a fine of less than 10,000 yuan
.
Article 27: Internet platform operators who violate Article 13 Paragraph 1 of these Measures shall be punished in accordance with the relevant provisions of the Electronic Commerce Law and other laws and administrative regulations
.
In violation of the second paragraph of Article 13 of these Measures, Internet platform operators who knowingly or should know that Internet advertising activities are not stopped shall be punished in accordance with the provisions of Article 63 of the Advertising Law
.
Internet platform operators who violate the third, fourth, fifth, and sixth provisions of Article 13 of these Measures shall be ordered by the market supervision and management department at or above the county level to make corrections and impose illegal gains on the Internet information service provider.
A fine of not more than 10,000 yuan shall be imposed, but the maximum shall not exceed 30,000 yuan; if there is no illegal income, a fine of not more than 10,000 yuan shall be imposed
.
Article 28.
Anyone who violates the provisions of paragraphs 1 and 3 of Article 15 of these Measures and affects the normal use of the network by users shall be ordered by the market supervision and management department at or above the county level to make corrections, and to the responsible advertisers and advertising operators , Advertising publishers shall be fined less than three times the illegal income, but the maximum shall not exceed 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed
.
Violation of Article 15 Paragraph 2 of these Measures by sending advertisements without consent shall be punished by advertisers in accordance with Article 62 Paragraph 1 of the Advertising Law, and responsible advertising operators and advertisement publishers shall be punished A fine of three times or less of the illegal income shall be imposed, but the maximum shall not exceed 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed
.
Article 29 Anyone who violates the provisions of these Measures and fails to cooperate with the market supervision and management department in the supervision and inspection or the market supervision and management department in carrying out Internet advertising monitoring in accordance with the law shall be ordered by the market supervision and management department at or above the county level to make corrections, and the responsible advertisers Internet advertising operators and advertisement publishers shall impose a fine of less than three times the illegal income, but the maximum is not more than 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed
.
Article 30 The administrative penalty decisions made by the market supervision and management department in accordance with the Advertising Law and these Measures shall be publicized to the public through the national enterprise credit information disclosure system in accordance with the law; if the conditions are met, it shall be published in accordance with the "Market Supervision and Administration Measures for the Management of the List of Serious Illegal and Untrustworthy "Relevant regulations are included in the list of serious violations of untrustworthiness
.
Article 31 These Measures shall come into force on X month X day of X year
.
The "Interim Measures for the Administration of Internet Advertising" promulgated by Order No.
87 of the State Administration for Industry and Commerce on July 4, 2016 shall be repealed at the same time
.
Regarding the amendments to the "Interim Measures for the Administration of Internet Advertising", in order to further regulate Internet advertising activities, protect the legitimate rights and interests of consumers, and promote the healthy development of the Internet advertising industry, the State Administration for Market Regulation organized the implementation of the "Interim Measures for the Administration of Internet Advertising" (hereinafter referred to as the "Interim Measures" ") Revision work, the "Interim Measures" was renamed "Internet Advertising Management Measures", and the "Internet Advertising Management Measures (Draft for Public Comment)" (hereinafter referred to as the "Measures") was drafted
.
The relevant situation is explained as follows
.
1.
The necessity of revising the "Interim Measures" (1) Amending the "Interim Measures" is an inevitable requirement to adapt to the new situation and new tasks of the current Internet advertising supervision work
.
In 2016, the former State Administration for Industry and Commerce formulated the Interim Measures to provide legal support for maintaining fair competition and a regulated and orderly advertising market environment
.
In recent years, with the continuous development and change of Internet advertising in terms of advertising forms, business models, and delivery methods, especially in the era of new media and self-media, Internet advertising has further expanded from the computer side to the mobile side.
It is diverse, diverse, and extensive.
The characteristics of sex are becoming more obvious, and the “Interim Measures” can no longer fully adapt to the new situation and requirements of the current Internet advertising supervision
.
(2) Revising the "Interim Measures" is an objective need to improve the Internet advertising supervision system
.
The "Interim Measures" has been promulgated and implemented for a long time.
The relevant higher-level laws such as the "Advertising Law of the People's Republic of China" on which they are based have been revised and adjusted, and the responsibilities of relevant departments such as market supervision, publicity, radio and television have also undergone major adjustments
.
The promulgation and implementation of the "E-Commerce Law" in 2019 clarified the relevant regulatory principles and methods in the field of e-commerce, and provided a new legal basis and legislative reference for the supervision of Internet advertising
.
In 2019, the “Anti-Unfair Competition Law” was revised and implemented, which clearly stipulated the conduct of unfair competition in the Internet field.
The relevant provisions in the “Interim Measures” need to be adjusted
.
At the same time, with the rapid development of the platform economy, Internet advertising has many links, long chains, complex subjects, and difficulty in law enforcement.
The leading effect of various large mainstream Internet platform companies is very obvious, and objectively requires further consolidation of various platform operations The relevant provisions of the “Interim Measures” have not fully adapted to the current laws and regulations and the situation of Internet advertising supervision, and urgently need to be further revised and improved
.
(3) The revision of the "Interim Measures" is an important basis for guiding local governments to do a good job in Internet advertising supervision and law enforcement
.
Since the institutional reform of the State Council in 2018, major adjustments have been made to the advertising supervision responsibilities of the market supervision department.
Similar responsibilities have been integrated in accordance with the principle of “seven unifications”.
The General Administration of Supervision was responsible for achieving unified advertising management
.
With institutional reforms and functional adjustments, the personnel of local market supervision departments have changed greatly, and some of them have relatively lacked advertising supervision work experience and professional knowledge
.
During the survey, all localities reported that the SAIC needs to further strengthen its guidance to better carry out Internet advertising supervision and law enforcement
.
2.
Drafting process Since the State Administration of Market Supervision initiated the revision of the Interim Measures, it has held several special meetings to listen to the opinions and suggestions of local market supervision departments on the supervision of Internet advertising and the revision of the Interim Measures; The tripartite organization organized research on the revision of the Interim Measures; solicited opinions and suggestions from relevant Internet companies on the revision of the Interim Measures and the supervision of Internet advertising in writing
.
Based on feedback from local market supervision departments and the Internet industry, many revisions have been made
.
Since 2021, the State Administration of Market Supervision has solicited written opinions from local market supervision departments and 12 ministries and commissions including the Central Propaganda Department, Central Cyberspace Affairs Office, Ministry of Education, Ministry of Industry and Information Technology, and Ministry of Public Security.
During this period, they organized several seminars Meeting, discuss, revise and improve one by one
.
After fully absorbing and adopting opinions and suggestions from all parties, the current "Measures" (public solicitation = draft for comments) has been formed
.
3.
The main contents of the amendments There are 31 articles in the revised "Measures", and the main amendments are as follows: (1) The name of the regulations has been revised
.
This time, there are many amendments to the original "Interim Measures", in which 5 articles have been directly deleted, 24 articles have been revised, and 7 articles have been added
.
Considering that the "Interim Measures" has been promulgated and implemented for more than five years, and the Internet advertising supervision system has been relatively mature, it is not appropriate to continue to retain the word "interim", so the "Interim Measures for the Administration of Internet Advertising" was revised to the "Interim Measures for the Administration of Internet Advertising
.
" (2) Adjusted the scope of application
.
In response to the current new developments and new formats of Internet advertising, it is clear that commercial advertisements and cross-border e-commerce advertisements that directly or indirectly promote goods or services through Internet live broadcasts will be included in the adjustment scope of the "Measures"; further strengthen the "one-click" pop-up advertising Institutional regulations in areas such as "closure" and placement of advertisements have responded to social concerns
.
(3) Relevant definitions are clarified
.
According to the regulations of the "Advertising Law" for advertisement publishers, “publishing and displaying” is clearly defined as the condition for advertisement publishers, and the conditions for “checking content” and “deciding on advertisement publication” are deleted to ensure that the definition of Internet advertisement publishers is consistent with traditional advertising media.
Consistent
.
At the same time, try to clarify the definition of Internet information service providers
.
(4) The relevant regulations on programmatic purchase have been deleted
.
Programmatic buying is a business model of the Internet advertising industry.
At the legal level, a new market entity that is different from "advertising operators" has not been created.
It has no essential impact on advertising content, and the current "Interim Measures" related to programmatic purchases The regulations have led to too light responsibilities for Internet platforms and are not conducive to regulating advertising activities on Internet platforms
.
(5) Strengthen the responsibilities of related entities
.
For example, special regulations on advertisements with links, pre-school education, and primary and secondary education advertisements have been added to strengthen the responsibilities of Internet platform operators; further refine the responsibilities of advertisers, Internet advertising operators, Internet advertising publishers and Internet information service providers The regulations clarify the obligations of Internet platform operators to cooperate with advertising monitoring, assist in supervision, and provide statistical data
.
(6) Relevant content has been adjusted
.
The relevant content of the "Interim Measures" has been adjusted in accordance with the relevant provisions of the "Electronic Commerce Law", "Anti-Unfair Competition Law", "Administrative Penalty Law" and the "Regulations on Administrative Penalty Procedures for Market Supervision and Administration" of the State Administration of Market Supervision
.
In order to strengthen the supervision of advertising spokespersons, the "Measures" also make special provisions on the jurisdiction of advertising spokespersons
.
The above situation is hereby explained
.
.
In the explanation on the revision of the "Interim Measures for the Administration of Internet Advertising," the State Administration for Market Regulation mentioned that the revised "Measures" have a total of 31 articles
.
In terms of specific content, the "Draft of Opinions" released this time clarified that Internet media such as websites, web pages, and Internet applications aimed at minors shall not be used to publish medical treatment, medicines, health food, medical equipment, cosmetics, alcohol, etc.
Beauty advertisements and online game advertisements that are not conducive to the physical and mental health of minors; the Internet may not be used to publish prescription drug advertisements
.
At the same time, the "Measures" mentioned that Internet live broadcasts must not be used to publish advertisements for medical treatment, medicines, formula foods for special medical purposes, medical equipment or health foods
.
Anyone who violates the provisions of paragraph 2 of Article 6 of these Measures by using the Internet to publish prescription drugs or tobacco advertisements shall be punished in accordance with the provisions of paragraphs 2 and 4 of Article 57 of the Advertising Law
.
Article 57 of the Advertising Law mentions that if one of the following acts is committed, the market supervision and management department shall order the suspension of advertisements and impose a fine of 200,000 yuan up to 1 million yuan on advertisers.
If the circumstances are serious, they may also be fined If the business license is revoked, the advertising review agency will revoke the advertising review approval documents and refuse to accept its advertising review applications within one year; for advertising operators and advertising publishers, the market supervision and management department will confiscate advertising expenses and impose a penalty of more than 200,000 yuan on one million yuan If the circumstances are serious, a fine of less than RMB yuan may revoke the business license and revoke the registration certificate for advertising
.
These include the publication of prescription drug advertisements in violation of Article 15 of the Advertising Law, and the publication of medical treatments, medicines, health foods, medical devices, cosmetics, etc.
on the mass media targeted at minors in violation of Article 40 Paragraph 1 of the Advertising Law Alcohol, beauty advertisements, and online game advertisements that are not conducive to the physical and mental health of minors
.
Measures for the Administration of Internet Advertising (Draft for Public Comment) Article 1 is to regulate Internet advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of the Internet advertising industry, and maintain fair competition in the market economy.
According to the "Advertising Law of the People's Republic of China" ( Hereinafter referred to as the Advertising Law) "The Electronic Commerce Law of the People's Republic of China" (hereinafter referred to as the Electronic Commerce Law) and other laws and administrative regulations formulate these Measures
.
Article 2.
In the territory of the People’s Republic of China, commercial advertising activities that use websites, webpages, Internet applications and other Internet media to directly or indirectly promote goods or services in text, pictures, audio, video or other forms shall be subject to the Advertising Law and The provisions of this approach
.
In commercial exhibitions, in accordance with laws, administrative regulations, rules and relevant national regulations, the name, specification, model, grade, price, use method, production method, precautions and other information of the goods or services that should be provided to consumers shall be in accordance with Its provisions
.
Article 3 Advertisers mentioned in these Measures refer to natural persons, legal persons or other organizations that design, produce, and publish Internet advertisements on their own or by entrusting others to promote goods or services
.
The term "Internet advertising operators" as used in these Measures refers to natural persons, legal persons or other organizations that accept commissions to provide Internet advertising design, production, and agency services
.
The term "Internet advertising publishers" as used in these Measures refers to natural persons, legal persons or other organizations that use Internet media to publish advertisements for advertisers or advertising operators entrusted by advertisers
.
The Internet information service providers mentioned in these Measures refer to natural persons, legal persons or other organizations that provide information services through the Internet and have not participated in activities such as the design, production, agency, and release of Internet advertisements
.
Article 4 Internet advertising should be true and legal, adhere to the correct orientation, express advertising content in a healthy form, and meet the requirements of the construction of socialist spiritual civilization and the promotion of the excellent traditional culture of the Chinese nation
.
Internet advertising market entities should abide by laws, administrative regulations, rules and relevant state regulations, be honest and trustworthy, and compete fairly
.
Article 5 Encourage and support advertising industry organizations to formulate industry norms, self-discipline conventions, and related standards in accordance with laws, regulations, rules, and relevant national regulations, strengthen industry self-discipline, and guide various Internet advertising market entities to actively practice socialist core values, according to law Engage in Internet advertising activities, promote the integrity and ethics of the advertising industry, and promote the healthy development of the Internet advertising industry
.
Article 6 No entity or individual may use the Internet to design, produce, represent, or publish advertisements for products or services that are prohibited from being produced or sold by laws and administrative regulations, and for goods or services for which advertisements are prohibited
.
Do not use the Internet to advertise prescription drugs and tobacco
.
Article 7 Advertisements for special products or services that are subject to review by the advertising review agency as required by laws and administrative regulations such as advertisements for medical treatment, drugs, formula foods for special medical purposes, medical devices, pesticides, veterinary drugs, health foods, etc.
, shall not be published without review
.
For advertisements that are subject to review, they shall be published in strict accordance with the content approved by the review, and shall not be edited, spliced, modified, or added links, QR codes, and other content
.
If the content of an advertisement that has been examined and passed needs to be changed, it shall reapply for advertisement examination
.
Article 8 Internet advertisements should be identifiable, enabling consumers to identify them as advertisements
.
For the promotion of goods and services in the form of bidding rankings, news reports, experience sharing, consumption evaluation, etc.
, or other forms of additional shopping links through the Internet media, the “advertisement” shall be clearly marked
.
Article 9 Internet advertisements published in the form of start-up, video interruption, pop-up, etc.
shall be marked with a close sign to ensure one-click close.
The following circumstances shall not be allowed: (1) There is no close sign or the countdown needs to end to close; (2) The closing logo is false and cannot be clearly identified or positioned; (3) To close a single advertisement requires more than two clicks; (4) During the process of browsing the same page, the advertisement will continue to pop up after closing; (5) Other effects one-click close the behavior of
.
Do not induce users to click on ads in a deceptive or misleading manner
.
Article 10 The Internet may not be used to publish off-campus training advertisements for primary, secondary, and kindergartens
.
It is not allowed to use Internet media such as websites, web pages, and Internet applications aimed at minors to post advertisements for medical treatment, medicine, health food, medical equipment, cosmetics, alcohol, and beauty, as well as online game advertisements that are not conducive to the physical and mental health of minors
.
Article 11 Advertisers shall be responsible for the authenticity and legality of Internet advertising content
.
The identity of the subject, the administrative license, and the content of quotations that advertisers need to have for publishing Internet advertisements shall be true, legal and effective
.
Advertisers can publish advertisements on their own through their own websites or other Internet media with legal use rights, or they can entrust Internet advertising operators and advertisement publishers to publish advertisements
.
Advertisers publishing Internet advertisements on their own shall ensure that the publication channels comply with the requirements of laws and administrative regulations, and perform file management and other responsibilities that the advertisement publisher shall bear in accordance with the law
.
Advertisers who entrust the publication of Internet advertisements shall notify the Internet advertising operators and advertisement publishers that provide services to them in writing or in other ways that can be confirmed when modifying the content of advertisements
.
If an overseas advertiser without a representative office or branch in the country publishes or commissions an advertisement for cross-border e-commerce retail imported goods through a cross-border e-commerce platform, the advertiser shall entrust a company in writing to provide customs declaration, payment, logistics, etc.
Domestic market entities with warehousing and other information bear the responsibility of advertisers
.
Article 12 Internet advertising operators and publishers shall abide by the following provisions: (1) Establish and improve the registration, review, and file management systems for the undertaking of Internet advertising business in accordance with relevant state regulations; (2) Review, check and register the advertiser’s name , Address and effective contact information, record and save the relevant electronic data of advertising activities, establish registration files and regularly verify and update them, and the relevant files shall be kept for no less than three years from the date of termination of advertising; Advertising certification documents, check advertising content, Internet advertising operators shall not provide design, production, agency services, and Internet advertising publishers shall not publish advertisements with inconsistent contents, administrative licenses that should be obtained but not obtained, or other incomplete certification documents; (4) Equipped with advertising reviewers who are familiar with advertising laws and regulations, and where conditions permit, special institutions should be set up to be responsible for Internet advertising review; (5) Participate in statistical surveys of the advertising industry in accordance with the law, and provide statistical data truthfully, accurately, complete, and timely
.
Article 13: Platform operators that provide Internet information services shall take measures to prevent and stop false and illegal advertisements, improve the discovery and disposal of illegal and criminal activities, provide advertising and promotion, and implant malicious code or insert illegal information into technical measures in advertising services.
And abide by the following regulations: (1) Record and save the names, addresses, and contact information of advertisers, Internet advertising operators, and advertisement publishers, and the relevant information records shall be kept for no less than three times from the date of termination of the information service provision.
(2) To monitor and inspect the content of advertisements displayed and published using its information services, and those who know or should know to publish illegal advertisements shall take measures such as notice correction, deletion, blocking, and disconnection to stop them, and keep relevant Record and report to the public security organs in a timely manner if illegal or criminal activities are involved; (3) Establish an effective complaint and report acceptance and handling mechanism, set up a convenient complaint and report portal or publish complaint and report methods, and promptly accept and handle public complaints and reports; (4) Cooperate with the market supervision and management department to carry out advertising monitoring in accordance with the law; (5) Cooperate with the market supervision and management department in investigating illegal Internet advertising activities in accordance with the law, and in accordance with the requirements of the market supervision and management department, promptly adopt technical means to store evidence of suspected illegal advertisements, and provide relevant advertisements truthfully Information such as the name, name, contact information of the main and Internet advertising operators and advertising publishers, relevant records of advertisement modification, and transaction data of the goods or services involved; The responsible entities of illegal advertisements implement measures such as warnings, suspension or termination of services, and publicize them to the public
.
Article 14: Using algorithm recommendation and other methods to publish Internet advertisements, the background data of the delivery program belongs to the Internet advertising business archives
.
Internet advertising business archives and relevant certification documents are kept for no less than three years from the date of termination of advertising; where laws and administrative regulations provide otherwise, follow those provisions
.
Article 15 The use of the Internet to publish and send advertisements shall not affect the normal use of the Internet by users
.
Without the user's consent or request, not additional advertising or advertising links in e-mail or Internet instant messages sent by the user, not send Internet advertising to their vehicles, navigation equipment, intelligent home appliances
.
It is not allowed to insert advertisements when users search government service websites and related applications
.
Article 16 When publishing Internet advertisements that contain links, advertisers, Internet advertising operators, and advertisement publishers shall check the contents of advertisements in the next-level links
.
If Internet advertising operators and advertising publishers can prove that they have fulfilled relevant responsibilities, take measures to prevent the content of linked advertisements from being tampered with, and provide the true name, address and contact information of the subject of illegal advertising activities, they may be lightened, mitigated or not in accordance with the law.
Give administrative penalties
.
Article 17 If the content of the Internet live broadcast constitutes a commercial advertisement, the relevant live broadcast room operator and live broadcast marketer shall perform the responsibilities and obligations of the Internet advertising operator, advertisement publisher or advertising spokesperson
.
It is not allowed to use the Internet to broadcast advertisements for medical treatment, medicines, formula foods for special medical purposes, medical equipment or health foods
.
Article 18 The administrative penalties imposed on illegal acts of Internet advertising shall be under the jurisdiction of the market supervision and management department where the advertisement publisher is located
.
Where the market supervision and administration department in the place where the advertisement publisher has jurisdiction over the off-site advertisers, advertising operators, Internet information service providers, and advertising spokespersons has difficulties, they may transfer the illegal circumstances of the advertisers, advertising operators, or Internet information service providers to the advertisers, The local market supervision and management department of advertising operators and Internet information service providers shall deal with it; where advertising spokespersons are involved, their violations may be transferred to the registration place of the advertising spokesperson’s brokerage company, the place of residence of the advertising spokesperson, or the market supervision and management department of the place of residence for handling
.
The market supervision and management department where the advertiser is located or where the advertising business is located may also exercise jurisdiction if it first discovers clues about illegality or receives complaints or reports
.
Administrative penalties for illegal Internet advertisements published by advertisers themselves shall be under the jurisdiction of the market supervision and management department where the advertisers are located
.
Article 19 The market supervision and management department may exercise the following powers when investigating and punishing illegal Internet advertisements: (1) Conduct on-site inspections of places suspected of engaging in illegal advertising activities; (2) Inquire the suspected illegal parties or their legal representatives, who are mainly responsible (3) Request the parties suspected of violating the law to provide relevant supporting documents within a time limit; (4) Checking and copying contracts, bills, account books, advertising works and Internet advertisements related to the suspected illegal advertisements Back-end data, using methods such as screenshots, screen recordings, web page preservation, photographs, audio recordings, and video recordings to confirm the content of Internet advertisements; Order to suspend the publication of suspected illegal advertisements that may cause serious consequences; (7) Other functions and powers provided by laws and administrative regulations
.
When the market supervision and management department exercises the functions and powers stipulated in the preceding paragraph in accordance with the law, the parties shall assist and cooperate, and shall not refuse, obstruct or conceal the true information
.
Article 20 The technical monitoring records of Internet advertising by the market supervision and management department may be used as electronic data evidence for administrative penalties or administrative measures for illegal Internet advertising
.
Article 21 In violation of the provisions of Article 6 Paragraph 1 of these Measures, using Internet advertising to promote products or services that are prohibited from being produced or sold, or goods or services for which advertisements are prohibited, shall be in accordance with Article 57 of the Advertising Law.
Penalties are imposed under five provisions
.
Anyone who violates the provisions of paragraph 2 of Article 6 of these Measures by using the Internet to publish prescription drugs or tobacco advertisements shall be punished in accordance with the provisions of paragraphs 2 and 4 of Article 57 of the Advertising Law
.
Article 22 In violation of the provisions of Article 7 of these Measures, those who publish advertisements without review or publish Internet advertisements without review and approval documents shall be punished in accordance with the provisions of Article 58 Paragraph 1, Item 14 of the Advertising Law
.
Article 23 Violation of Article 8 of these Measures and Internet advertisements that are not identifiable shall be punished in accordance with Article 59 Paragraph 3 of the Advertising Law
.
Article 24 Those who violate the provisions of Article 9 Paragraph 1 of these Measures by using the Internet to publish advertisements without clearly marking the shutdown sign to ensure one-click closure shall be punished in accordance with the provisions of Article 62 Paragraph 2 of the Advertising Law
.
Violation of the second paragraph of Article 9 of these Measures by deceiving or misleading users to induce users to click on advertisements shall be ordered by the market supervision and management department at or above the county level to make corrections, and the responsible advertisers, advertising operators, and advertisement publishers shall be punished A fine of less than three times the illegal income, but the maximum is not more than 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed
.
Article 25 Anyone who violates the provisions of Article 10, Paragraph 1 of these Measures and uses the Internet to publish off-campus training advertisements shall be ordered by the market supervision and management department at or above the county level to make corrections.
A fine of less than three times the illegal income, but the maximum is not more than 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed.
If laws and administrative regulations have other provisions on law enforcement agencies and legal responsibilities, follow those provisions
.
Violation of the second paragraph of Article 10 of these Measures shall be punished in accordance with the provisions of paragraph 6 of Article 57 of the Advertising Law
.
Article 26 In violation of Article 12, Paragraph 1, 2, 3, and Article 14 of these Measures, Internet advertising operators and advertisement publishers fail to establish and improve advertising business management systems in accordance with the regulations, Or if the content of the advertisement is not checked, it shall be punished in accordance with the provisions of paragraph 1 of Article 60 of the Advertising Law
.
Violation of Article 12, Item 5 of these Measures and failing to provide statistical survey data of the advertising industry as required shall be ordered by the market supervision and management department at or above the county level to make corrections and impose a fine of less than 10,000 yuan
.
Article 27: Internet platform operators who violate Article 13 Paragraph 1 of these Measures shall be punished in accordance with the relevant provisions of the Electronic Commerce Law and other laws and administrative regulations
.
In violation of the second paragraph of Article 13 of these Measures, Internet platform operators who knowingly or should know that Internet advertising activities are not stopped shall be punished in accordance with the provisions of Article 63 of the Advertising Law
.
Internet platform operators who violate the third, fourth, fifth, and sixth provisions of Article 13 of these Measures shall be ordered by the market supervision and management department at or above the county level to make corrections and impose illegal gains on the Internet information service provider.
A fine of not more than 10,000 yuan shall be imposed, but the maximum shall not exceed 30,000 yuan; if there is no illegal income, a fine of not more than 10,000 yuan shall be imposed
.
Article 28.
Anyone who violates the provisions of paragraphs 1 and 3 of Article 15 of these Measures and affects the normal use of the network by users shall be ordered by the market supervision and management department at or above the county level to make corrections, and to the responsible advertisers and advertising operators , Advertising publishers shall be fined less than three times the illegal income, but the maximum shall not exceed 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed
.
Violation of Article 15 Paragraph 2 of these Measures by sending advertisements without consent shall be punished by advertisers in accordance with Article 62 Paragraph 1 of the Advertising Law, and responsible advertising operators and advertisement publishers shall be punished A fine of three times or less of the illegal income shall be imposed, but the maximum shall not exceed 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed
.
Article 29 Anyone who violates the provisions of these Measures and fails to cooperate with the market supervision and management department in the supervision and inspection or the market supervision and management department in carrying out Internet advertising monitoring in accordance with the law shall be ordered by the market supervision and management department at or above the county level to make corrections, and the responsible advertisers Internet advertising operators and advertisement publishers shall impose a fine of less than three times the illegal income, but the maximum is not more than 30,000 yuan; if there is no illegal income, a fine of less than 10,000 yuan shall be imposed
.
Article 30 The administrative penalty decisions made by the market supervision and management department in accordance with the Advertising Law and these Measures shall be publicized to the public through the national enterprise credit information disclosure system in accordance with the law; if the conditions are met, it shall be published in accordance with the "Market Supervision and Administration Measures for the Management of the List of Serious Illegal and Untrustworthy "Relevant regulations are included in the list of serious violations of untrustworthiness
.
Article 31 These Measures shall come into force on X month X day of X year
.
The "Interim Measures for the Administration of Internet Advertising" promulgated by Order No.
87 of the State Administration for Industry and Commerce on July 4, 2016 shall be repealed at the same time
.
Regarding the amendments to the "Interim Measures for the Administration of Internet Advertising", in order to further regulate Internet advertising activities, protect the legitimate rights and interests of consumers, and promote the healthy development of the Internet advertising industry, the State Administration for Market Regulation organized the implementation of the "Interim Measures for the Administration of Internet Advertising" (hereinafter referred to as the "Interim Measures" ") Revision work, the "Interim Measures" was renamed "Internet Advertising Management Measures", and the "Internet Advertising Management Measures (Draft for Public Comment)" (hereinafter referred to as the "Measures") was drafted
.
The relevant situation is explained as follows
.
1.
The necessity of revising the "Interim Measures" (1) Amending the "Interim Measures" is an inevitable requirement to adapt to the new situation and new tasks of the current Internet advertising supervision work
.
In 2016, the former State Administration for Industry and Commerce formulated the Interim Measures to provide legal support for maintaining fair competition and a regulated and orderly advertising market environment
.
In recent years, with the continuous development and change of Internet advertising in terms of advertising forms, business models, and delivery methods, especially in the era of new media and self-media, Internet advertising has further expanded from the computer side to the mobile side.
It is diverse, diverse, and extensive.
The characteristics of sex are becoming more obvious, and the “Interim Measures” can no longer fully adapt to the new situation and requirements of the current Internet advertising supervision
.
(2) Revising the "Interim Measures" is an objective need to improve the Internet advertising supervision system
.
The "Interim Measures" has been promulgated and implemented for a long time.
The relevant higher-level laws such as the "Advertising Law of the People's Republic of China" on which they are based have been revised and adjusted, and the responsibilities of relevant departments such as market supervision, publicity, radio and television have also undergone major adjustments
.
The promulgation and implementation of the "E-Commerce Law" in 2019 clarified the relevant regulatory principles and methods in the field of e-commerce, and provided a new legal basis and legislative reference for the supervision of Internet advertising
.
In 2019, the “Anti-Unfair Competition Law” was revised and implemented, which clearly stipulated the conduct of unfair competition in the Internet field.
The relevant provisions in the “Interim Measures” need to be adjusted
.
At the same time, with the rapid development of the platform economy, Internet advertising has many links, long chains, complex subjects, and difficulty in law enforcement.
The leading effect of various large mainstream Internet platform companies is very obvious, and objectively requires further consolidation of various platform operations The relevant provisions of the “Interim Measures” have not fully adapted to the current laws and regulations and the situation of Internet advertising supervision, and urgently need to be further revised and improved
.
(3) The revision of the "Interim Measures" is an important basis for guiding local governments to do a good job in Internet advertising supervision and law enforcement
.
Since the institutional reform of the State Council in 2018, major adjustments have been made to the advertising supervision responsibilities of the market supervision department.
Similar responsibilities have been integrated in accordance with the principle of “seven unifications”.
The General Administration of Supervision was responsible for achieving unified advertising management
.
With institutional reforms and functional adjustments, the personnel of local market supervision departments have changed greatly, and some of them have relatively lacked advertising supervision work experience and professional knowledge
.
During the survey, all localities reported that the SAIC needs to further strengthen its guidance to better carry out Internet advertising supervision and law enforcement
.
2.
Drafting process Since the State Administration of Market Supervision initiated the revision of the Interim Measures, it has held several special meetings to listen to the opinions and suggestions of local market supervision departments on the supervision of Internet advertising and the revision of the Interim Measures; The tripartite organization organized research on the revision of the Interim Measures; solicited opinions and suggestions from relevant Internet companies on the revision of the Interim Measures and the supervision of Internet advertising in writing
.
Based on feedback from local market supervision departments and the Internet industry, many revisions have been made
.
Since 2021, the State Administration of Market Supervision has solicited written opinions from local market supervision departments and 12 ministries and commissions including the Central Propaganda Department, Central Cyberspace Affairs Office, Ministry of Education, Ministry of Industry and Information Technology, and Ministry of Public Security.
During this period, they organized several seminars Meeting, discuss, revise and improve one by one
.
After fully absorbing and adopting opinions and suggestions from all parties, the current "Measures" (public solicitation = draft for comments) has been formed
.
3.
The main contents of the amendments There are 31 articles in the revised "Measures", and the main amendments are as follows: (1) The name of the regulations has been revised
.
This time, there are many amendments to the original "Interim Measures", in which 5 articles have been directly deleted, 24 articles have been revised, and 7 articles have been added
.
Considering that the "Interim Measures" has been promulgated and implemented for more than five years, and the Internet advertising supervision system has been relatively mature, it is not appropriate to continue to retain the word "interim", so the "Interim Measures for the Administration of Internet Advertising" was revised to the "Interim Measures for the Administration of Internet Advertising
.
" (2) Adjusted the scope of application
.
In response to the current new developments and new formats of Internet advertising, it is clear that commercial advertisements and cross-border e-commerce advertisements that directly or indirectly promote goods or services through Internet live broadcasts will be included in the adjustment scope of the "Measures"; further strengthen the "one-click" pop-up advertising Institutional regulations in areas such as "closure" and placement of advertisements have responded to social concerns
.
(3) Relevant definitions are clarified
.
According to the regulations of the "Advertising Law" for advertisement publishers, “publishing and displaying” is clearly defined as the condition for advertisement publishers, and the conditions for “checking content” and “deciding on advertisement publication” are deleted to ensure that the definition of Internet advertisement publishers is consistent with traditional advertising media.
Consistent
.
At the same time, try to clarify the definition of Internet information service providers
.
(4) The relevant regulations on programmatic purchase have been deleted
.
Programmatic buying is a business model of the Internet advertising industry.
At the legal level, a new market entity that is different from "advertising operators" has not been created.
It has no essential impact on advertising content, and the current "Interim Measures" related to programmatic purchases The regulations have led to too light responsibilities for Internet platforms and are not conducive to regulating advertising activities on Internet platforms
.
(5) Strengthen the responsibilities of related entities
.
For example, special regulations on advertisements with links, pre-school education, and primary and secondary education advertisements have been added to strengthen the responsibilities of Internet platform operators; further refine the responsibilities of advertisers, Internet advertising operators, Internet advertising publishers and Internet information service providers The regulations clarify the obligations of Internet platform operators to cooperate with advertising monitoring, assist in supervision, and provide statistical data
.
(6) Relevant content has been adjusted
.
The relevant content of the "Interim Measures" has been adjusted in accordance with the relevant provisions of the "Electronic Commerce Law", "Anti-Unfair Competition Law", "Administrative Penalty Law" and the "Regulations on Administrative Penalty Procedures for Market Supervision and Administration" of the State Administration of Market Supervision
.
In order to strengthen the supervision of advertising spokespersons, the "Measures" also make special provisions on the jurisdiction of advertising spokespersons
.
The above situation is hereby explained
.