China News Network, March 3 -- Recently, the State Administration for Market Regulation promulgated the "Measures for the Administration of Internet Advertising," which will come into force on May 25.
The Measures further clarify the responsibilities of advertisers, internet advertising agents and publishers, and internet information service providers; Actively respond to social concerns, and regulate behaviors such as pop-up ads, open-screen advertisements, and the use of smart devices to publish advertisements that are concentrated by the people; It refines the advertising regulatory rules in key areas such as "soft text advertising", Internet advertising with links, auction ranking advertising, algorithmic recommendation advertising, using Internet live streaming to publish advertisements, and disguised advertisements subject to review; The new jurisdiction provisions for advertising spokespersons provide an important institutional guarantee for strengthening the supervision and enforcement of Internet advertising, and also give new momentum to the standardized and orderly development of the Internet advertising industry.
Screenshot of web pages
Specifically, the Measures provide for the following:
These advertisements are prohibited
-- Products or services provided by laws and administrative regulations that prohibit the production or sale of products, as well as goods or services that prohibit the publication of advertisements, must not be used by any unit or individual to design, produce, act as an agent or publish advertisements using the Internet.
It is forbidden to use the Internet to publish tobacco (including electronic cigarettes) advertising. It is prohibited to use the Internet to publish advertisements for prescription drugs, and where laws or administrative regulations provide otherwise, follow those provisions.
-- It is forbidden to covertly publish advertisements for medical treatment, medicines, medical devices, health foods, and formula foods for special medical purposes in the form of introducing health and health preservation knowledge.
Where health and wellness knowledge is introduced, the address, contact information, shopping links, etc. of the commodity operators or service providers related to medical treatment, drugs, medical devices, health foods, and formula foods for special medical purposes must not appear on the same page or at the same time.
-- Advertisements for medical treatment, medicines, health foods, formula foods for special medical purposes, medical devices, cosmetics, alcohol, and beauty, as well as advertisements for online games that are not conducive to minors' physical and mental health, must not be published on websites, web pages, Internet applications, official accounts, and other Internet media aimed at minors.
These advertisements are subject to review
Where advertisements for medical treatment, drugs, medical devices, pesticides, veterinary drugs, health foods, formula foods for special medical purposes, and other advertisements that are subject to review by laws and administrative regulations, the advertising review organ shall review the content of the advertisements before publication; It may not be published without review.
Internet advertisements that require review shall be published in strict accordance with the content approved by the review, and must not be edited, spliced, or modified. Where the content of advertisements that have already been reviewed needs to be changed, a new application for advertising review shall be made.
Advertisement publishers shall conspicuously indicate "advertisement"
Internet advertisements should be recognizable so that consumers can identify them as advertisements.
For auction-ranked goods or services, the advertiser shall clearly indicate "advertisement" to distinguish it from organic search results.
Except where laws and administrative regulations prohibit the publication or covert publication of advertisements, where goods or services are promoted through forms such as knowledge introduction, experience sharing, and consumption evaluation, and purchase methods such as shopping links are attached, the advertisement publisher shall conspicuously indicate "advertisement".
Who is responsible for the authenticity of the advertising content?
Advertisers shall be responsible for the authenticity of Internet advertising content.
Where advertisers publish internet advertisements, entity qualifications, administrative licensing, cited content, and so forth shall comply with the requirements of laws and regulations, and relevant supporting documents shall be truthful, lawful, and valid.
Advertisers may publish advertisements on their own through self-built websites, as well as their own clients, Internet applications, official accounts, online store pages and other Internet media, or entrust advertising agents and advertisement publishers to publish advertisements.
Where advertisers publish internet advertisements on their own, the act of publishing advertisements shall comply with the requirements of laws and regulations, establish advertising archives, and promptly update them. The relevant archives shall be kept for no less than three years from the date of the end of the advertisement.
When advertisers entrust the publication of internet advertisements, they shall promptly notify the advertising agents and advertisement publishers providing services in writing or other methods that can be confirmed when revising the content of the advertisements.
How to regulate "live streaming goods"?
Where commodity sellers or service providers promote goods or services through live streaming on the Internet, which constitutes a commercial advertisement, they shall bear the responsibilities and obligations of the advertiser in accordance with law.
Where live broadcast room operators are entrusted to provide advertising design, production, agency, or publishing services, they shall bear the responsibilities and obligations of advertising agents and advertisement publishers in accordance with law.
Where live streaming marketers are entrusted to provide advertising design, production, agency, or publishing services, they shall bear the responsibilities and obligations of advertising agents and advertisement publishers in accordance with law.
Where live streaming marketers recommend or certify goods or services in their own name or image, constituting advertising endorsements, they shall bear the responsibilities and obligations of the advertising spokesperson in accordance with law.
"Make sure to close with one click"
Where Internet advertisements are published in form such as pop-ups, advertisers and advertisement publishers shall conspicuously mark the closing sign to ensure one-click closure, and must not have the following circumstances:
(1) There is no closing sign or the time is over before the advertisement can be closed;
(2) Closing signs that are false, unlegible, or difficult to locate, etc., to create obstacles to the closure of advertisements;
(3) Closing an advertisement requires two or more clicks;
(4) In the process of browsing the same page or the same document, continue to pop up advertisements after closing, affecting users' normal use of the network;
(5) Other behaviors that affect one-click closing.
The provisions of the preceding paragraph apply to the app-opening ads displayed or released when launching an internet application.
Users must not be misled to view ads in these ways
Do not deceive or mislead users to click or browse advertisements in the following ways:
(1) False system or software updates, error reports, cleanups, notices, and other such prompts;
(2) False signs such as playing, starting, suspending, stopping, returning, etc.;
(3) False promises of rewards;
(4) Other methods to deceive or mislead users into clicking or browsing advertisements.
It must not affect the normal use of the network by users
The use of the Internet to publish or send advertisements must not affect users' normal use of the Internet, and bidding ranking advertisements must not be inserted in the results of searching government service websites, web pages, Internet applications, official accounts, etc.
Without the user's consent or request, or the user's explicit refusal, Internet advertisements must not be sent to their vehicles, navigation equipment, smart home appliances, etc., and advertisements or advertising links must not be attached to the e-mails or Internet instant messaging information sent by users. (End)
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