State Administration of Radio, Film and Television Decree (No. 17)
The “Provisional Radio and Television Advertising Broadcast Management Rules” were passed at the Administration meeting of 18 August 2003, are hereby promulgated, and take effect on 1 January 2004.
Director: Xu Guangchun
15 September 2003
Article 1: In order to guarantee the correct guidance of radio and television advertising, standardize radio and television advertising broadcast activities, strengthen radio and television advertising management, according to the “Advertising Law of the People’s Republic of China”, the “Radio and Television Management Regulations” and other relevant laws and regulations, these Rules are formulated.
Article 2: These Rules apply to radio stations and television stations (including radio and television stations) engaging in advertising broadcasting-type activities.
Article 3: The State Administration of Radio, Film and Television is responsible for nationwide radio and television advertising broadcast activity management.
County-level and higher local administrative radio and television departments are responsible for radio and television advertising broadcast activity management within their jurisdictions.
Article 4: Radio and television advertising shall be truthful and lawful, may not contain false content, and may not mislead consumers.
Article 5: Radio and television advertising shall conform to the requirements of the construction of the Socialist spiritual civilization, shall abide by Socialist morals and professional ethics, and benefit the spiritual and mental health of the popular masses.
Article 6 Radio and television advertising shall safeguard the State’s dignity and interest, respect the traditional culture of the motherland, and may not contain content harming national unity, sovereignty and territorial integrity.
Images and sounds of the national flag, national emblem, national anthem and national leaders may not appear in commercial advertising. Celebrated quotes from leading personages may not be used or distorted for use as commercial advertising slogans.
Article 7: Radio and television advertising shall safeguard ethnic unity, abide by State policies on ethnicity and religion, and may not contain content propagating ethnic separation or blaspheming ethnic customs and habits.
Article 8: Radio and television advertising shall safeguard social public order, establish Socialist moral customs, and may not contain content of messily throwing away waste, trampling green fields, damaging flowers, plants and trees and other environmental destruction, as well as content detrimental to the natural world and ecology, precious wild animal protection, etc.
Article 9: Radio and television advertising shall benefit the physical and mental health of minors and children, and may not contain content that may lead minors and children into an uncivilized manner or bad behaviour, or that is detrimental to parents and elder generations’ conducting a correct education of minors and children.
Article 10: Radio and television advertising shall respect women and the disabled, may not discriminate or insult women and the disabled, and may not display uncivilized images of persons.
Article 11: Radio and television advertising shall be healthy and civilized, advertising containing sexual or suggestively sexual content, etc., may not be broadcast, and advertising on venereal disease treatments may not be broadcast. Radio and television advertising may not broadcast advertising containing content propagating gambling, violence or instigating crime.
Article 12: Radio and television advertising shall respect science, and may not contain content propagating superstition, heresy and pseudoscience.
Article 13: Radio and television advertising shall use standard spoken and written language, and may not wilfully use wrongly written characters or use homophones to change proverbs. Except for registered trademarks and enterprise names, no unsimplified characters may be used.
Article 14: Radio stations and television stations are prohibited to broadcast advertising for tobacco products, narcotic products, mental drugs, toxic drugs, radioactive drugs and other special sorts of drugs.
Article 15: Radio and television advertising shall be clearly divided from other radio and television programmes, and advertising may not be broadcast or covertly broadcast in the form of news reporting. Current affairs news programmes and current affairs news columns may not be named after enterprises or products. Relevant persons’ special interviews, enterprise special subject reporting and other programmes may not contain advertising or propaganda content such as addresses, telephone numbers, contact methods, etc.
Article 16: Radio stations and television stations’ quantity of broadcasting public interest advertising per programme set per day may not be less than 30% of the total advertising quantity.
Article 17: Radio stations and television stations’ proportion of radio and television advertising broadcast per programme set per day, may not exceed 20% of the total broadcast time of that programme set per day. Within this, radio stations’ advertising broadcast quantity per programme set per hour, between 11:00 and 13:00 and television stations between 19:00 and 21:00, may not exceed 15% of the total programme broadcast time, i.e. 9 minutes.
Article 18: When broadcasting radio and television advertising, the integrity of radio and television programmes shall be maintained, and apart from intermissions between paragraphs of programmes, no advertising may be inserted as well. Except between 19:00 and 21:00, television stations broadcasting one television drama episode (generally about 45 minutes in length), may insert advertising once, the insertion time may not exceed 2.5 minutes.
Article 19: When broadcasting radio and television advertising, the audiences’ life habits shall be respected, between 6:30 and 7:30, 11:30 and 12:30 as well as 18:30 and 20:00, the times when people eat their meals, no advertising that could easily lead to audiences’ disgust may be broadcast, such as advertising for curing piles, athlete’s foot, etc., as well as feminine napkins and other hygienic products.
Article 20: Radio stations and television stations shall strictly according to relevant State regulations, control the broadcast of advertising for alcoholic drinks. Advertising for alcoholic drinks per television programme set per day may not exceed 12 items, among which the amount between 19:00 and 21:00 may not exceed two times; advertising for alcoholic dinks per radio programme set per day may not exceed two items.
Article 21: Broadcast platforms, relay stations (including repeater stations and receiving stations) and cable radio and television transmission organs, when transmitting or relaying radio and television programmes, shall guarantee the integrity of the transmitted or relayed programmes. They may not in any form insert advertising organized by themselves, and may not switch the original advertising at will, they may not broadcast advertising through scrolling characters, added characters and other forms.
Article 22: Television stations broadcasting advertising may not conceal the logo of the station (channel). When broadcasting programmes or columns named after enterprises or products, the enterprise or product logo can only appear in the lower right corner of the screen, the quantity may not exceed one, the logo may not be larger than the logo of the station (channel), and may not cover regular programme subtitles.
Article 23: It is prohibited for advertisers and advertising contractors to intervene in radio and television programme broadcast.
Article 24: Radio station and television station organs engaging in advertising business activities shall obtain qualifications as provided by the State, non-advertising business departments may not engage in radio and television advertising business activities, journalists may not contract advertising business under the name of newsgathering.
Article 25: Radio stations and television stations shall establish and complete advertising business broadcast management systems, strengthen management over advertising business contracting registration, examination and verification, filing and preservation, etc.
Radio stations and television stations shall complete advertising examination personnel systems, to conduct inspection of radio and television advertising content set to be broadcast, enterprise qualifications, etc., advertising that has not been signed off on by the examination personnel may not be published.
Article 26: County-level or higher administrative radio and television departments shall establish monitoring systems for radio and television advertising, and timely deal with problems they discover.
Article 27: County-level or higher administrative radio and television departments, radio stations and television stations shall establish mass complaints mechanisms, timely investigate critical opinions put forward by audiences on radio and television advertising, and respond about the results to the complainant.
Article 28: Those violating these Rules, are punished according to the “Advertising Law of the People’s Republic of China” and the “Radio and Television Management Regulations”.
Article 29: Those violating the provisions of Articles 17, 18, 19, 20 and 21 of these Rules, where circumstances are light, will be issued with a warning, or ordered to rectify within a certain period by the county-level or higher administrative radio and television department, and may also be fined 20.000 Yuan or less. Those refusing to rectify or where acts violating regulations occur three times within 60 days, will be subject to a punishment decision of cessation of advertising broadcast or suspension of broadcast on the corresponding channel (frequency) by the provincial-level or higher administrative radio and television department. Where circumstances are grave, the original approving organ cancels permits, and at the same time, the corresponding responsibility of the directly responsible persons and the main persons in charge is investigated.
Article 30: These Rules take effect on 1 January 2004.