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Advertising Law of China (2018)

广告法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Oct 26, 2018

Effective date Oct 26, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Consumer Law Business Law

Editor(s) C. J. Observer

The Advertising Law was promulgated in 1994 and amended in 2015 and 2018 respectively. The latest revision entered into force on October 26, 2018.

There are 75 articles in total.

The key points are as follows:

1.This Law shall apply to commercial advertising activities in China by sellers of goods or service providers to promote their goods or services directly or indirectly through a certain medium and form.

2.Advertisements shall not contain false or misleading contents, and shall not deceive or mislead consumers. Advertisers shall be responsible for the veracity of their advertisement contents.

3.Advertisements shall not use wordings such as “national level”, “highest level” and “best”, and Hinder public order or violate social morality.

4.An advertisement shall be identifiable so that consumers could identify it as an advertisement.

5.It shall be prohibited to publish tobacco advertisements on mass media, in public places, on public means of transportation, or outdoors.

6.An endorser shall, based on facts, recommend or certify goods and services in advertisements in accordance with this Law and the relevant laws and administrative regulations, and shall not recommend or certify any good that has not been used or service that has not been received by the endorser.

7.A minor under the age of ten shall not serve as an endorser.

8.Without the consent or request of a party, no entity or individual may send advertisements to the party’s residence or means of transportation, among others, or send advertisements in the form of electronic information to the party.

9.Publishing or sending advertisements over the Internet shall not affect users’ normal use of the Internet. In an advertisement published on the Internet in the pop-up and other forms, a close mark shall be conspicuously indicated, and closing the advertisement by only one click shall be ensured.

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