According to Article 55 of the Advertising Law of People's Republic of China (PRC), those who publish false advertisements in violation of the provisions of this law shall be ordered by the administrative department for industry and commerce to stop advertising, and the advertisers shall be ordered to eliminate the influence within the corresponding scope, and a fine of more than three times and less than five times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed;
If there are more than three illegal acts or other serious circumstances within two years, a fine of five to ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan may be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year.
If a medical institution commits an illegal act specified in the preceding paragraph, and the circumstances are serious, the administrative department for industry and commerce may revoke the medical institution's diagnosis and treatment subjects or practice license in addition to punishment according to this law.
If an advertising agent or publisher designs, produces, represents or publishes an advertisement knowing or should know that it is false, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of not less than three times but not more than five times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed.
If there are more than three illegal acts or other serious circumstances within two years, a fine of not less than five times but not more than ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan shall be imposed, and the relevant departments may suspend the advertising business, revoke the business license and revoke the advertising registration certificate.
Advertisers, advertising agents and publishers who commit the acts specified in the first and third paragraphs of this article, which constitute a crime, shall be investigated for criminal responsibility according to law.
Article 56 Advertisers who, in violation of the provisions of this Law, publish false advertisements, deceive or mislead consumers, and damage the legitimate rights and interests of consumers in purchasing goods or receiving services shall bear civil liability according to law. If an advertising agent or publisher cannot provide the real name, address and effective contact information of the advertiser, the consumer may require the advertising agent or publisher to pay compensation in advance.
If a false advertisement about a consumer's life and health goods or services causes damage to consumers, its advertising agents, publishers and spokespersons shall be jointly and severally liable with the advertisers.
If false advertisements for goods or services other than those specified in the preceding paragraph cause harm to consumers, if the advertising agents, publishers and spokespersons know or should know that the advertisements are false, they still design, produce, represent, publish, recommend and prove them, and they shall be jointly and severally liable with the advertisers.
Extended data:
After the implementation of the new advertising law, the penalty for word restriction was changed from the original refund of one to compensation of three to a fine of 200,000 yuan. Advertising often uses some artistic exaggeration to promote products. Reasonable exaggeration can not only increase the interest of advertisements, but also better promote products.
However, Article 9 of the Advertising Law explicitly prohibits the use of "national, top and best", which can well prevent exaggerated advertisements and false propaganda, and is very important for maintaining market order and safeguarding consumers' trust interests. Therefore, the regulation of forbidden words plays an important role in ensuring the healthy development of advertising industry and protecting consumers' rights and interests.
For shops with extreme language, once illegal shops are found, points will be deducted and fines will be imposed, and the amount of fines will be more than 200,000 yuan/kloc-0.0 million yuan. If the circumstances are serious, close the store directly. Once the customer complains about the extreme terms and successfully defends the rights, the compensation amount will be fully borne by the merchant. Therefore, sellers should pay attention to it, check and correct themselves, correct and change in time to avoid being punished.
Although the strict new advertising law cannot be accepted by some people (mostly businesses) in a short time, it cannot be said that "it" is bad enough. These rules naturally have their own meaning. The pros and cons only depend on the benefits you can get within the scope of the rules. Both merchants and consumers should know the latest advertising law, which plays an important role in protecting their rights and interests.