Article 2 These Measures shall apply to the advertising activities of radio and television broadcasters (hereinafter referred to as broadcasters) and related activities of radio and television transmission institutions.
Article 3 The radio and television advertisements mentioned in these Measures include public service advertisements and commercial advertisements (including information services, radio shopping and TV shopping short film advertisements). ).
Article 4 Radio and television advertising activities shall adhere to the people-oriented principle and follow the principles of legality, truthfulness, fairness, honesty and credibility.
Article 5 The administrative department of radio, film and television shall be responsible for the territorial management and classification of radio and television advertising activities.
The administrative department of radio, film and television in the State Council is responsible for the supervision and management of national radio and television advertising activities.
The administrative departments of radio, film and television of local people's governments at or above the county level shall be responsible for the supervision and administration of radio and television advertising activities within their respective administrative areas.
Article 6 The administrative departments of radio, film and television shall encourage the production and broadcasting of radio and television public service advertisements and commend organizations and individuals that have made remarkable achievements. Seventh radio and television advertising is an important part of radio and television programs, and should adhere to the correct orientation, establish a good cultural taste, and coordinate with radio and television programs.
Article 8 Radio and television advertisements shall not contain the following contents:
(1) Opposing the basic principles set by the Constitution;
(2) endangering national unity, sovereignty and territorial integrity, endangering national security, or damaging national honor and interests;
(3) Inciting national hatred and discrimination, infringing on national customs and habits, hurting national feelings, undermining national unity and violating religious policies;
(4) Disrupting social order and undermining social stability;
(5) Propagandizing cults, obscenity, gambling, violence, superstition, and endangering social morality or excellent national cultural traditions;
(6) Insulting, discriminating against or slandering others and infringing upon their legitimate rights and interests;
(seven) to induce minors to have bad behaviors or bad values that are harmful to physical and mental health;
(eight) using absolute language, deceiving and misleading the public, deliberately using typos or tampering with idioms;
(9) using or disguising the national flag, national emblem and national anthem of China in commercial advertisements, using or disguising the names, images, voices, famous sayings and fonts of state leaders or the names and images of state organs and their staff;
(10) Advertisements for drugs, medical devices and medical care information contain propaganda on the cure rate and efficiency, or use the images of doctors, experts, patients and public figures to prove the curative effect;
(eleven) other contents prohibited by laws, administrative regulations and relevant provisions of the state.
Article 9 It is forbidden to broadcast the following radio and television advertisements:
(1) Advertisements published in the form of news reports;
(2) Advertising of tobacco products;
(3) Advertisements for prescription drugs;
(4) Drugs, foods, medical devices and medical advertisements for treating malignant tumors, liver diseases, sexually transmitted diseases or improving sexual function;
(five) voice service advertisements such as name analysis, fortune analysis, fate test, making friends and chatting;
(6) advertisements for dairy products with the expression "breast milk substitutes";
(seven) other advertisements prohibited by laws, administrative regulations and relevant provisions of the state.
Tenth current affairs and news programs (columns) shall not be named after enterprises or products. People interviews, corporate special reports and other programs shall not contain addresses and contact information.
Eleventh investment advertisements such as investment consulting, wealth management, and franchise chain should contain warning contents such as "investment is risky".
Twelfth in addition to the legally approved welfare lottery, sports lottery and other advertisements, other advertisements with gambling nature shall not be broadcast. Thirteenth radio and television advertisements should be rationally distributed. Among them, commercial advertisements should control the total amount and balance the distribution.
Fourteenth radio and television advertisements shall not affect the integrity of radio and television programs. In addition to the intermission in the natural section of the program, advertisements are not allowed to be inserted at will.
Article 15 The duration of commercial advertisements per hour of each program of a broadcasting organization shall not exceed 12 minutes. Among them, the radio station is between 1 1:00 and 13:00, and the TV station is between 19:00 and 2 1:00. The total duration of commercial advertisements shall not exceed 18 minutes.
Under special circumstances, such as broadcast and live broadcast, commercial advertisements can be postponed.
Article 16 The daily broadcast duration of the public service advertisement of each program of a broadcasting organization shall not be less than 3% of the commercial advertisement duration. Among them, the radio station is between 1 1:00 and 13:00, the TV station is between 19:00 and 2 1:00, and the number of public service advertisements shall not be less than 4 (times).
Article 17 When a TV series is broadcast, advertisements shall not be inserted in any form in the middle of each episode (counted as 45 minutes). When playing a movie, advertisements shall be inserted with reference to the provisions of the preceding paragraph.
Eighteenth in addition to movies, TV theaters or festival (column) name signs, it is forbidden to broadcast any form of advertising.
Nineteenth film and television drama theater or festival (column) name logo shall not contain the following circumstances:
(a) the name of the enterprise or product appears alone, or the name of the theater or festival (column) is illegible;
(two) the font size of the logo is greater than the logo, or the font size of the enterprise or product name is greater than the name of the theater or festival (column);
(3) Rolling change, each display time is more than 5 minutes, or the display interval of each title tag is less than 10 minute;
(four) business scope, project, function, contact information, image spokesperson and other words and images appear.
Article 20 Movies, TV plays, theaters or festivals (columns) shall not be named as drugs or medical institutions for treating skin diseases, epilepsy, hemorrhoids, beriberi, gynecology, genitourinary system and other diseases.
Twenty-first broadcast transmission of radio and television programs, must ensure the integrity of the broadcast transmission program. Do not replace or cover up advertisements in broadcast or transmitted programs; Self-organizing advertisements shall not be inserted in any form such as swimming subtitles, superimposed subtitles and corner advertisements.
Twenty-second approved advertisements broadcast on overseas TV channels shall comply with the laws and regulations of China and the provisions of these Measures when they land in China.
Article 23 Commercial advertisements should respect the living habits of the public. During the public dining hours from 6:30 to 7:30, 1 1:30 to 12:30, 18:30 to 20:00, drugs for treating dermatoses, hemorrhoids, beriberiberi, gynecology, reproduction and urinary system shall not be shown.
Article 24 Broadcasting organizations shall strictly control alcohol commercial advertisements and shall not broadcast them on frequencies, channels or programs mainly aimed at minors. The radio station shall not broadcast more than two commercial advertisements for alcoholic beverages per hour; Television stations shall broadcast no more than 12 alcoholic commercial advertisements every day, of which no more than 2 shall be broadcast between 19:00 and 2 1:00.
Twenty-fifth in the holidays of primary and secondary school students and minors are relatively concentrated in listening and watching time, or in the frequency, channel and program (column) with minors as the main target, commercial advertisements that are not suitable for minors to listen and watch shall not be broadcast.
Twenty-sixth TV advertisements shall not conceal the logo and channel logo.
Article 27 Advertisers and advertising operators shall not interfere with or affect the normal broadcasting of radio and television programs through advertisements. Article 28 The administrative departments of radio, film and television of the people's governments at or above the county level shall strengthen the supervision and management of radio and television advertising activities within their respective administrative areas, and establish and improve the supervision and management system and technical means.
Twenty-ninth administrative departments of radio, film and television of the people's governments at or above the county level shall establish a public reporting mechanism, announce the reporting telephone number, investigate, handle and publish the results in a timely manner.
Article 30 The administrative department of radio, film and television of the local people's government at or above the county level shall report the handling situation to the administrative department of radio, film and television of the people's government at the next higher level for the record within five working days after making a decision on handling the illegal acts of radio and television advertisements.
Article 31 Due to special circumstances such as the need of public interest, the administrative departments of radio, film and television of the people's governments at or above the provincial, autonomous region and municipality directly under the Central Government may require broadcasters to broadcast specific public service advertisements within a specified time, or make a decision to suspend the broadcast of commercial advertisements.
Thirty-second broadcasters should obtain legal qualifications before engaging in advertising business activities. Non-advertising business departments shall not engage in radio and television advertising business activities, and journalists shall not undertake advertising business in the name of interview.
Thirty-third broadcasting institutions shall establish advertising management, review and broadcast management systems, and be responsible for reviewing the advertisements they broadcast.
Thirty-fourth broadcasting institutions should strengthen the preservation and management of advertising business registration, audit and other files.
Thirty-fifth drugs, medical devices, medical care, food, cosmetics, pesticides, veterinary drugs, financial management and other commercial advertisements. , must be examined and approved by the relevant administrative departments, and can be broadcast only after strict examination by the broadcasting organization. Commercial advertisements without approval, incomplete materials or inconsistent with the approved contents shall not be broadcast.
Article 36 Where it is necessary to employ medical experts as guests when making and broadcasting advertisements on drugs, medical devices, medical care and health information, the broadcasting organization shall verify the relevant certificates such as the doctor's practice certificate, work permit and professional title certificate of the guests, and truthfully indicate them in the advertisements, and shall not employ persons who do not have relevant professional qualifications as guests.
Thirty-seventh advertisers or advertising agents broadcast advertisements in violation of the provisions of these measures, the administrative department of radio, film and television can reduce or exempt the punishment of the relevant broadcasting agencies.
Thirty-eighth the State Council radio, film and television administrative departments to promote the establishment of broadcasting institutions industry self-regulatory organizations. The organization may, according to its articles of association, take measures such as announcing to the public, recommending and revoking the "self-discipline demonstration unit of radio and television advertising broadcasting industry" to strengthen industry self-discipline. Thirty-ninth in violation of the provisions of Article 8 and Article 9 of these measures, the administrative department of radio, film and television of the people's government at or above the county level shall order it to stop the illegal act or order it to make corrections, give it a warning, and may impose a fine of not more than 30,000 yuan; If the circumstances are serious, the original issuing authority shall revoke the license of radio and television channels and the license of radio and television broadcasters.
Fortieth in violation of the provisions of Article 15, Article 16, Article 17 and Article 22 of these measures, the administrative department of radio, film and television of the people's government at or above the county level shall be punished in accordance with the relevant provisions of Articles 50 and 51 of the Regulations on Radio and Television Administration.
Article 41 Anyone who violates the provisions of Article 10, Article 12, Article 19, Article 20, Article 21, Article 24 to Article 28, Article 34, Article 36 and Article 37 of these measures, or changes or blocks advertisements in violation of the provisions of Article 22 of these measures, shall be ordered by the administrative department of radio, film and television of the people's government at or above the county level to stop the illegal act or order it to make corrections, given a warning and may be fined not more than 20,000 yuan.
Forty-second broadcasters who violate the provisions of these measures shall be dealt with by the administrative department of radio, film and television of the people's government at or above the county level in accordance with the relevant provisions of the state.
Article 43 If the staff of the administrative department of radio, film and television abuse their powers, neglect their duties, engage in malpractices for selfish ends or fail to perform their duties in accordance with the provisions of these Measures, the responsible person in charge and the person directly responsible shall be punished according to law. Article 44 These Measures shall come into force as of 20021October 2065438+ 1 day. The Interim Measures for the Administration of Radio and Television Advertising promulgated by the State Administration of Radio, Film and Television on September 6, 2003 shall be abolished at the same time.