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The New Edition of China Advertisements Law: Things You Must Know When Doing Marketing in China

10Sep

Ten highlights of the new laws.

1, making the ads content richer and more precise. 
Under the downward pressure of the whole economy, health food, medicines, medical treatment, medical apparatus and instruments, education training, attract investment, real estate, crop seeds become the main force of media advertising support. New refinement criterion of advertisement law make the field of advertising business lose the protection of the twilight zone "safeguard", and media advertising revenue is directly being affected by the new laws, if some illegal media advertising in each of these areas were found, law operation department will deal with it seriously .

2. clear and definite the definition and typical form of illegal ads.
Overpublicize and deliberately guides are the usual trick that advertisers always use. In the new law all these belong to the false advertisement.

3, add new rules of the spokesman’s Legal obligations and responsibilities.
Recommended and endorsed by Celebrities, experts, well-known social characters are the soul of the products advertising innovation and advertising communication. Without the spokesman, the spread effect and promotion impact will decrease by a large margin, the ads will also lose its vitality. This amended advertising law, makes a legal liability for the celebrity endorsement, if the stars endorsement is found the deceptive advertising, then they will get severely punishment. Those traditional media advertising involving the star endorsement accounts for 50% of the all, the withdrawal of these ads will be surely a “media tsunami".

4, strictly controlling tobacco advertising.
Although the proportion of tobacco advertising has already just accounts for a very small part in the market share, but the disguised form of tobacco advertising also accounted for a lot of media advertising share. The new advertising law released a strict rule on tobacco advertising, prohibiting the tobacco advertising in all mass media and public fields, and including the prohibition of any disguised form of tobacco advertising.

5, new rules on the advertising management of juveniles.
In order to create a clean environment for child's body and mind. The rule says that advertisement can’t be put on children's regular activities places, especially can’t do advertising in the teaching material. Is this will have an influence on the advertising of the Youth channel and the animation channel? We could know this only after the release of the implementation details of the new advertising law.

6, new rules on online advertising.
Internet is the main diversion of traditional media advertising, but also the edge of advertising management. The rapid growth of Internet advertising is benefit from the indulge management competent authorities. So this time released series of new rules on online advertising. Those new advertising laws will soon introduce a method for the management of Internet advertising. Strict management of Internet advertising is undoubtedly giving a punch to the new media revenue "capricious" growth. It can be predicted that after the implementation of the new advertising law, the new media will enter into a new stage of rebuilding.

7, strengthen the supervision of the release behavior of mass media advertising
This time also add some strict regulations on the media and advertising release platforms and increase the penalties. Obviously, it shows swords to all the medias, if the medias only care about money, do not pay attention to morality and law, they will be punished rigorously.

8, increase public service ads, expand justification range of the advertising law.

9, clarify and strengthen the supervision responsibilities of authority on ads market.

10, further improve the authority of the legal liability.
 
Bans

1, prohibit tobacco advertising on mass media ,public places, public transport and outdoors.
Accordance with Art. 22, it will prohibit tobacco advertising on mass media ,public places, public transport and outdoors. Also there is the prohibition of sending any form of tobacco advertising to minors.

2, to prohibit the delivery of any form of tobacco advertising to juveniles.

3, health food advertising should not mention anything related to disease prevention, treatment function.
Accordance with Art. 18: health food ads can’t contain the information related to disease prevention, treatment function.

4, Pop-up ads page advertising can be closed by freewill.
Accordance with Art. 44: any online ads should conform to the rule.

Some points that ads man should pay more attention to

1, new rules will give severe punishment on illegal ads endorsement.
In all the 75 Articles of law in the new rules, spokesman are seen 12 times, and many rules using now will not be allowed in the future.

(1) Drugs and Health Care Products shall not be represented by stars.
Article 16 in new advertisement law indicates that the advertisement about medical care, drugs and medical devices shall not use the name or image of a research institution, an academic organization, technology promotion agency and an industry association as proof to promote the products. Similarly, health care products are prohibited to use a representative in article 18, even indicating “this product cannot replace drugs”.
 
(2) Anyone is prohibited to be the representative without using products.
The article 38 in new advertisements law regulates that advertising representatives recommend or prove should be a according to the relative law or regulation and they shall not represent the brand they have not used.

(3) No representation under 10.
According to the article 38 in new advertisements law, the juvenile under 10 shall not be the advertising representative. But it is still allowed the image of children to appear in the advertisement whose main content is adult.  

(4)The representative will be punished if there are any problems in products.
The article 56 in new advertisements law regulates that the false advertisement involving in customers’ health and life will be prohibited and the advertisers, publisher and the representative will take on the joint responsibilities.
The article 56 in new advertisements law regulates that the false advertisement involving in customers’ health and life will be prohibited and the advertisers, publisher and the representative will take on the joint responsibilities.
(5)Rival advertisement will be limited.
The article 13 regulates that advertisements shall not depreciate other producers ‘products or service. 

2、The advertisement of real estate shall not give any promise.
The new advertisements laws of real estate regulate that
The article 26, the housing information should be true and the acreage should indicate the area of structure or the area of inside space. The following content is prohibited.
The promise of appreciation or return on investment.
Indicate the project position according to the estimation. 
Any regulation violating the national price control
Any misleading advertisements about traffic, commercial and educational facilities in planning or construction.

3. Internet advertisements are limited. Pop-ups shall be shut by a click or the provider of platform will take on the responsibility.
(1) Pop-ups.
Any organization or individual shall not use email to send advertisements without the permission. Any campaign using internet is suitable for the regulations.
The pop-ups in the website should clearly indicate the shut mark to ensure the one-click shut. Any violation will be fined 5000 to 30000 by industrial and commercial administration as well as modified in time.

(2) The provider of platform will take on the responsibility if the Internet advertisements violate the law.
The law regulates that provider should prevent the illegal advertisements, such as Tencent, Taobao etc. They shall take on the relative supervising duties. They may undertake some part of the responsibility once the illegal advertisements appear.  

(3) Advertisements should be cognizable and the customers should easy to know.
Mass media shall not release advertisements in the form of news reporting. The advertisements released by mass media should marked to avoid the customers’ misunderstanding.
Broadcasting station or television station should obey the regulation about the duration and formation. The indication of advertisements’ duration should be given.

 

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