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Measures of Ningxia Hui Autonomous Region on Punishment of Advertising Management
Article 1 In order to strengthen advertising management, protect the legitimate rights and interests of users and consumers, and maintain the normal advertising propaganda and business order, these Measures are formulated in accordance with the Regulations on Advertising Management issued by the State Council and combined with the actual situation of the autonomous region. Article 2 These Measures shall be applicable to penalties for acts violating advertising management laws and regulations within the territory of the autonomous region. Article 3 The administrative departments for industry and commerce at all levels shall be responsible for investigating and handling illegal acts in advertising management, and the relevant departments shall cooperate and support them. Article 4 Penalties for illegal acts in advertising management are divided into the following seven categories:

(a) ordered to stop advertising;

(2) Ordering public corrections;

(3) informed criticism;

(4) Confiscation of illegal income;

(5) a fine.

(6) suspend business for rectification;

(7) Revoking the business license or advertising business license.

If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law. Article 5 Anyone who commits any of the following acts in violation of advertising management shall be banned from illegal business activities, his illegal income shall be confiscated, and he shall be fined not less than 5,000 yuan in 200 yuan:

(a) without an advertising business license, using newspapers, periodicals, books, radio, television, movies, videos, slides, etc. to publish and broadcast advertisements;

(II) Using streets, squares, airports, stations, docks and other buildings or spaces to set up advertisements such as street signs, neon lights, electronic display boards, windows, light boxes, walls and plaques without a license;

(three) unlicensed advertising in theaters, stadiums (gymnasiums), cultural centers, exhibition halls, hotels, restaurants, amusement parks, shopping malls, etc.;

(4) Operating single-leaf calendars (including almanac paintings), traffic timetables, telephone directories, yearbooks, business directories, newspaper catalogues, picture albums, sponsored advertisements, congratulations advertisements, advertisements for physical gifts, live advertisements for large-scale sports competitions and cultural performances, live advertisements for various exhibitions, trade fairs and order fairs and other temporary advertisements without obtaining a temporary advertising business license;

(five) using other media or forms to publish advertisements without permission;

(6) An advertising business unit engages in advertising business beyond the scope approved and registered by the administrative department for industry and commerce;

(seven) agencies engaged in advertising business cross-media advertising business;

(eight) foreign and Hong Kong, Macao and Taiwan enterprises, organizations or individuals directly contract and publish advertisements within the territory of the autonomous region. Article 6 An advertising operator who commits one of the following acts in violation of advertising management shall be given informed criticism according to the circumstances, his illegal income shall be confiscated, and he shall be fined not less than 5,000 yuan in 200 yuan or ordered to suspend business for rectification;

(1) Monopoly and unfair competition in advertising activities;

(2) The published advertisements contain contents that belittle similar products or commodities and other unfair competition. Article 7 If a news publishing unit commits any of the following acts in violation of advertising management, it shall be given informed criticism according to the circumstances, its illegal income shall be confiscated, and it shall be fined more than 500 yuan 1 10,000 yuan:

(a) the published advertisements are not clearly marked;

(2) Publishing and broadcasting advertisements in the form of news reports and charging fees;

(three) non advertising departments or personnel to solicit, operate or represent advertising business;

(four) news stations and offices set up by news organizations in the autonomous region solicit advertisements in the name of interviews and journalists solicit advertisements in the name of interviews;

(five) newspapers and periodicals that publish informal publications engage in advertising business, or publish and distribute advertisements for them in other media;

(6) A book publishing house publishes books and periodicals by using publicly released books (except yearbook reference books) and issues advertisements other than advertisements;

(seven) the book publishing house uses the book business advertisements published within the designated scope or marked with the words "internal distribution", or publishes and distributes advertisements for it in other media. Article 8 Where an advertiser commits one of the following acts of deceiving users and consumers by advertising, it shall be ordered to publish corrected advertisements within the corresponding scope, and a fine of not less than two times but not more than five times the advertising fee shall be imposed depending on the circumstances; If it causes damage to users and consumers, it shall be liable for compensation:

(a) lied that products and commodities meet the prescribed quality standards, passed the metrological certification, obtained the production license, obtained the title of high-quality products, obtained the patent certificate, won the prize, and had a registered trademark;

(2) falsely claiming that the technology and materials taught, transferred or sold are of practical value;

(three) using advertisements such as enrollment, recruitment, recruitment, cultural and sports performances to fabricate or exaggerate the facts to defraud the registration, study, internship, performance and other expenses and tickets;

(four) counterfeiting the name of others, or counterfeiting other people's registered trademarks and scientific and technological achievements for advertising;

(five) no goods to sell, or shoddy, make false advertisements, in the name of postal sales, pre-sale to defraud the purchase price;

(six) changing the time, level and winning department of the award-winning goods without authorization, and expanding the scope of the award;

(seven) changing the time and department of awarding the title of high-quality products without authorization and expanding the scope of awarding;

(eight) unauthorized changes to the administrative departments and other departments authorized by laws and regulations issued food, drugs, generic drugs, pesticides and other "advertising approval form" approved publicity, false or exaggerated publicity;

(nine) illegal medical practice by advertising, selling fake and inferior drugs, and defrauding patients of money.

If an advertising operator helps an advertiser to practise fraud, he shall give informed criticism according to the circumstances, confiscate the illegal income and impose a fine of more than two times and less than five times the advertising fee; Refuses to correct, shall be ordered to suspend business for rectification, revoke the business license or advertising business license; If it causes damage to users and consumers, it shall bear joint and several liability for compensation.

The cost of publishing corrected advertisements shall be borne by advertisers and advertising operators respectively.