Measures of the State Administration of industry and Commerce for the administration of Internet advertising: drugs shall not be published without examination

Source: china.com.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn.cn According to the measures, advertisements for special goods or services, such as medical, pharmaceutical and health food advertisements, which are subject to examination by advertising examination authorities, shall not be published without examination The following is the full text of the measures: the Interim Measures for the administration of Internet advertising (Order No 87 of the State Administration for Industry and Commerce) has been deliberated and adopted at the executive meeting of the State Administration for Industry and commerce, and is hereby promulgated and shall come into force as of September 1, 2016 Article 1 of 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) These measures are formulated in accordance with the advertising law of the people's Republic of China (hereinafter referred to as the advertising law) and other laws and administrative regulations in order to regulate Internet advertising activities, protect the legitimate rights and interests of consumers, promote the healthy development of Internet advertising industry, and maintain the market economic order of fair competition Article 2 the provisions of the advertising law and these Measures shall apply to the use of the Internet for advertising activities Article 3 the term "Internet advertising" as mentioned in these Measures refers to the commercial advertisements that directly or indirectly promote the sale of goods or services in the form of words, pictures, audio, video or other forms through Internet media such as websites, web pages, Internet applications, etc The term "Internet advertisements" as mentioned in the preceding paragraph includes: (1) advertisements in the form of linked words, pictures or videos for the promotion of goods or services; (2) e-mail advertisements for the promotion of goods or services; (3) paid search advertisements for the promotion of goods or services; (4) For advertisements in the commercial display of promoting goods or services, the display of information that business operators shall provide to consumers shall be in accordance with the provisions of laws, regulations and rules; (5) other commercial advertisements that promote goods or services through Internet media Article 4 encourage and support advertising industry organizations to formulate industry norms, strengthen industry self-discipline, promote industry development, guide members to engage in Internet advertising activities according to law, and promote the integrity construction of Internet advertising industry in accordance with laws, regulations, rules and articles of association Article 5 No unit or individual may design, produce, act as an agent or publish advertisements on the Internet for the commodities or services prohibited from production or sale or for the services provided by laws and administrative regulations, as well as the commodities or services prohibited from advertising Advertising of prescription drugs and tobacco on the Internet is prohibited Article 6 advertisements for special goods or services that are required to be examined by the advertising examination organ according to laws and administrative regulations, such as advertisements for medical treatment, drugs, formula foods for special medical purposes, medical devices, pesticides, veterinary drugs and health food, shall not be published without examination Article 7 Internet advertisements shall be identifiable and marked with "advertisements" so that consumers can identify them as advertisements Paid search ads should be clearly distinguished from natural search results Article 8 the use of the Internet to publish and send advertisements shall not affect the normal use of the Internet by users Advertisements published in the form of pop-up on Internet pages shall be marked with a close sign to ensure one click close It is not allowed to trick users into clicking on the advertising content Without permission, no advertisement or advertisement link may be attached to the email sent by users Article 9 a written contract shall be concluded between Internet advertisers, advertising agents and advertisement publishers in Internet advertising activities according to law Article 10 Internet advertisers shall be responsible for the authenticity of the contents of advertisements The certification documents such as the identity of the subject, administrative license and the content of citation that the advertiser needs to have for publishing the Internet advertisement shall be true, legal and effective Advertisers can publish their own advertisements through their own websites or Internet media with legal right of use, or entrust Internet advertising agents and publishers to publish advertisements When an Internet advertiser entrusts an Internet advertising agent or an advertisement publisher to publish an advertisement and modifies the contents of the advertisement, it shall notify the Internet advertising agent or an advertisement publisher who provides services to it in written form or in other ways that can be confirmed Article 11 a natural person, legal person or other organization that pushes or displays Internet advertisements for advertisers or advertising agents, and can check the contents of advertisements and decide on their publication, is the publisher of Internet advertisements Article 12 Internet advertisement publishers and advertising agents shall, in accordance with the relevant provisions of the state, establish and improve the registration, examination and file management system for Internet advertisement business; examine, examine and register the identity information of the main body such as the name, address and effective contact information of the advertiser, establish the registration files and regularly verify and update them Internet advertisement publishers and advertising agents shall examine the relevant supporting documents and check the contents of advertisements Advertisements with inconsistent contents or incomplete supporting documents shall not be designed, produced, commissioned or published Internet advertisement publishers and advertisement operators shall be equipped with advertisement reviewers who are familiar with advertisement laws and regulations; if conditions permit, special agencies shall be set up to be responsible for the examination of Internet advertisements Article 13 Internet advertisements can be published in a targeted way through information integration, data analysis and other services provided by advertising demand side platform, media side platform and advertising information exchange platform in the form of procedural purchase of advertisements For Internet advertisements published by means of procedural purchase of advertisements, the platform operators of the advertising Demander shall clearly indicate the sources of the advertisements Article 14 the platform of advertisement demander refers to the platform of advertisement service that integrates the demands of advertisers and provides advertisement service for advertisers The operators of advertising demand side platform are Internet advertisement publishers and advertisement operators Media platform refers to a media service platform that integrates media resources and provides media owners or managers with procedural advertising distribution and screening Advertising information exchange platform is a data processing platform that provides data exchange, analysis and matching, transaction settlement and other services Article 15 when entering into an Internet advertising contract, the platform operator of the advertising demander, the platform operator of the media, the platform operator of the advertising information exchange and the members of the platform of the media shall check the identity documents, real names, addresses, effective contact information and other information of the parties to the contract, establish registration files and regularly verify and update them Media platform operators, advertising information exchange platform operators and media platform members shall take technical measures and management measures such as deleting, shielding and disconnecting links to stop illegal advertisements they know or should know Article 16 in Internet advertising activities, there shall be no following acts: (1) providing or using application programs, hardware, etc to block, filter, cover, fast forward and other restrictive measures against other people's legitimate advertising; (2) Using network channels, network devices, applications and other means to disrupt the normal advertising data transmission, tamper with or block other people's legitimate advertising, and load advertising without authorization; (3) using false statistics, communication effects or the value of Internet media to induce wrong quotations, seek improper interests or damage other people's interests Article 17 Internet information service providers who do not participate in Internet advertising business but only provide information services for Internet advertising shall stop those who knowingly or should knowingly use their information services to publish illegal advertisements Article 18 the administrative penalty for the illegal act of Internet advertisement shall be under the jurisdiction of the administrative department for Industry and Commerce of the place where the advertisement publisher is located Where the administrative department for Industry and Commerce of the place where the advertisement publisher is located has difficulties in governing the advertisers and advertising agents in other places, it may transfer the illegal situation of the advertisers and advertising agents to the administrative department for Industry and Commerce of the place where the advertisers and advertising agents are located for handling Where the administrative department for Industry and Commerce in the place where the advertiser is located or where the advertiser is located discovers the illegal clues in advance or receives complaints or reports, it may also exercise jurisdiction The administrative penalty for the illegal advertisements published by the advertisers themselves shall be under the jurisdiction of the administrative department for Industry and Commerce of the place where the advertisers are located Article 19 when investigating and punishing illegal advertisements, the administrative department for Industry and Commerce may exercise the following functions and powers: (1) carry out on-site inspection on the places suspected of engaging in illegal advertising activities; (2) inquire about the parties suspected of violating the law, and investigate the relevant units or individuals; (3) require the parties suspected of violating the law to provide relevant supporting documents within a time limit; （4） Check and copy the contract, bill, account book, advertisement works and background data of Internet advertisement related to suspected illegal advertisement, and confirm the contents of Internet advertisement by means of screen capture, page save and photo taking; (5) order to suspend the release of suspected illegal advertisement which may cause serious consequences When the administrative department for Industry and Commerce exercises the functions and powers as prescribed in the preceding paragraph, the parties shall assist and cooperate, and shall not refuse, obstruct or conceal the true situation Article 20 the technical monitoring and recording data of Internet advertisements by the administrative department for Industry and Commerce may be used as electronic data evidence for imposing administrative punishment or taking administrative measures against illegal Internet advertisements Article 21 Anyone who, in violation of the provisions of the first paragraph of Article 5 of these measures, uses Internet advertisements to promote products or services prohibited from production or sale, or goods or services prohibited from advertising shall be punished in accordance with the provisions of the fifth paragraph of Article 57 of the advertising law; anyone who, in violation of the provisions of the second paragraph, uses the Internet to publish advertisements for prescription drugs or tobacco shall be punished in accordance with the provisions of the fifth paragraph of the advertising law The provisions of paragraphs 2 and 4 shall be punished Article 22 Whoever, in violation of the provisions of Article 6 of these measures, publishes advertisements without examination shall be punished in accordance with the provisions of item 14, paragraph 1, Article 58 of the advertising law Article 23 If an Internet advertisement violates the provisions of Article 7 of these measures and is not identifiable, it shall be punished in accordance with the provisions of paragraph 3, Article 59 of the advertising law Article 24 Those who use the Internet to publish advertisements in violation of the first paragraph of Article 8 of these measures and fail to clearly mark the closing sign and ensure the one click closing shall be punished in accordance with the second paragraph of Article 63 of the advertising law; those who violate the second and third paragraphs of the advertising law and entice users to click on the contents of advertisements by deception, or attach advertisements to the emails sent by users without permission, or If an advertisement links, it shall be ordered to make corrections and be fined not less than 10000 yuan but not more than 30000 yuan Article 25 in violation of the provisions of the first and second paragraphs of Article 12 of these measures, Internet advertisement publishers and advertising operators fail to establish and improve the management of advertising business in accordance with the relevant provisions of the state