Notice of the State Administration for Industry and Commerce on Launching Special Overhaul of Internet Advertising

 2018-05-20  35


  • Notice of the State Administration for Industry and Commerce on Launching Special Overhaul of Internet Advertising
  • Document NumberNo. 23 [2018] of the State Administration for Industry and Commerce
  • Area of Law Post and Telecommunications Advertising
  • Level of Authority Departmental Regulatory Documents
  • Date issued02-09-2018
  • Effective Date02-09-2018
  • Status Effective
  • Issuing Authority State Administration for Industry & Commerce

Notice of the State Administration for Industry and Commerce on Launching Special Overhaul of Internet Advertising
(No. 23 [2018] of the State Administration for Industry and Commerce)
The administrative departments for industry and commerce and market supervision administrations of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state-planning, and cities at the sub-provincial level:
For the purposes of profoundly implementing the arrangements made at the National Industry and Commerce and Market Regulation Work Conference and strictly combating violations of law in Internet advertising, the State Administration for Industry and Commerce ("SAIC") decides to launch a special campaign to overhaul Internet advertising. The relevant matters are hereby announced as follows.
I. Work objectives
The spirit of the 19th CPC National Congress shall be conscientiously implemented, the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era shall be set as guidance, according to the Advertising Law, the Market Regulation Plan for the 13th Five-Year Plan Period, and the Interim Measures for the Administration of Internet Advertising, the interim and ex-post regulation of Internet advertising shall be tightened, orientation administration shall be strengthened, regulatory law enforcement shall be strict, critical fields relating to the personal and property safety of the people shall be closely centered on, and false and illegal Internet advertising shall be seriously investigated and tackled, so as to practically maintain the order of the Internet advertising market and protect the lawful rights and interests of consumers.
II. Overhaul priorities and schedule
1. Overhaul priorities.
Particular attention shall be paid to web portals, search engines, e-commerce platforms, mobile application programs, new media accounts, and other Internet media having a significant bearing and broad coverage, and false and illegal Internet advertising having an adverse social impact, generating enormous publicity, or detrimental to the personal and property safety of the people shall be at the center of the overhaul:
(1) Illegal Internet advertising relating to orientation administration, politically sensitive problems, or detrimental to national interests.
(2) False and illegal Internet advertising for food, dietary supplements, medical care, drugs, and medical devices, among others, injurious to the personal safety and physical health of the people.
(3) False and illegal Internet advertising for financial investment, business attraction, and collections, among others, containing content defrauding or misleading consumers, or injurious to the property interests of the people.
(4) False and illegal Internet advertising interfering with public order, contrary to the good social customs, having an adverse social impact, or injurious to the physical and mental health of minors.
(5) Other false and illegal Internet advertising generating intense publicity.
2. Schedule.
(1) Arrangement phase (February to the end of March 2018). Based on the priorities of the overhaul and the actual circumstances of local Internet advertising market, the mobilization and arrangements for the special overhaul of Internet advertising shall be organized and conducted. The overhaul shall be extensively promoted so as to create a good public opinion atmosphere and urge Internet platforms to practically fulfill statutory duties and responsibility.
(2) Overhaul phase (April to the end of October 2018). Various false and illegal Internet advertisement shall be severely investigated and tackled, forces shall be concentrated to investigate and resolve major and significant cases, and leads to cases suspected of crime shall be transferred to the judiciary in a timely manner. Joint interview and inspection shall be conducted in conjunction with the member entities of the joint meeting for combating false and illegal advertising. Typical cases shall be released to play a deterring role. The SAIC shall heighten the guidance of investigation and resolution of cases and unified direction and dispatch and intensify the urgency of resolution of critical cases.
(3) Summary phase (November to December 10, 2018). The information of the special overhaul and experience shall be summarized, problems shall be found out, work for the next step shall be proposed, and written reports shall be prepared and filed with the SAIC. The SAIC shall organize supervisory inspection and commend regions which have effectively conducted the work.
III. Work requirements
The industry and commerce and market regulatory authorities in all regions shall attach great importance, enhance political sensitivity and sharpness, take solid and effective measures, intensify regulatory law enforcement, and ensure the thorough implementation of all the tasks of the overhaul work.
1. Intensifying law enforcement. The industry and commerce and market regulatory authorities in all regions shall highlight the priorities of the overhaul, intensify law enforcement, and effectively ensure the investigation and resolution of Internet advertising cases and law enforcement. Major and significant cases generating enormous publicity or detrimental to the personal and property safety of the people shall be investigated and resolved in priority, and Internet advertising cases relating to serious violation of law shall be investigated and resolved in a heavier and stricter manner. Typical Internet advertising cases shall be revealed to produce powerful deterrence and establish law enforcement authority. Credit regulation shall be enhanced, and the publication of all the information on the administrative punishment of illegal Internet advertising shall be advanced.
2. Enhancing collaborative and joint governance. The industry and commerce and market regulatory authorities in all regions shall allow the joint meeting for combating false and illegal Internet advertising to play its role, team up with relevant authorities to conduct interactive law enforcement in relating to critical Internet advertising cases, and explore and implement joint punishment. Legal dissemination education shall be vigorously provided, the positive role of joint interview, administrative guidance and administrative warning shall be maximized, and Internet platforms shall be urged and directed to voluntarily discharge statutory obligations and responsibility. Internet platforms shall practically strengthen self-regulation and develop and improve advertising censorship, discovery and prevention of illegal advertising, and other relevant mechanisms and rules.
3. Strengthening publicity and guidance. The industry and commerce and market regulatory authorities in all regions shall further strengthen publicity and guidance and create a good law enforcement atmosphere and public opinion environment for the special overhaul. Various publicity means integrating traditional media with new media shall be used to improve the recognition and influence of the overhaul work, encourage society to extensively supervise the order of Internet advertising, and promote self-regulation of the Internet industry.
4. Effectively ensuring supervision and implementation. The industry and commerce and market regulatory authorities in all regions shall strengthen the supervisory inspection and urgency of the overhaul work, implement territorial regulation responsibility, and ensure the implementation level by level. The front line of the law enforcement and regulation shall be reached, investigation and research shall be enhanced, actual problems shall be resolved, guidance, urgency and inspection shall be strengthened in a targeted manner, so as to ensure the actual effect of the overhaul work.
In the special overhaul, the industry and commerce and market regulatory authorities at all levels shall promptly escalate significant cases and material information. The industry and commerce and market regulatory authorities of all provinces (autonomous regions and municipalities directly under the Central Government) shall submit typical Internet advertising cases and the Statistical Form of Work on the Special Overhaul of Internet Advertising (See Annex) before 30th day of each month and file the summary of the special overhaul work with the Advertising Department of the SAIC.
State Administration for Industry and Commerce
February 9, 2018
Annex:
Statistical Form of Work on the Special Overhaul of Internet Advertising(Omitted)