Concerning the Situation of Dealing with Problems of Broadcasting Radio and Television Advertising in Violation of Regulations
From 10 March until 17 March, the SARFT government web site received in total 32 complaints from netizens concerning all localities’ radio and television broadcasting organs and transmitting organs broadcasting advertising in violation of regulations. The main problems complained about by netizens are:
(1) some local radio and television broadcasting organs continue to broadcast the eight sorts prohibited by SARFT in violation of regulations: sex-related medicine, medical treatment and health protection product advertising, and corresponding medical treatment consultation and television shopping programmes;
(2) advertising inserted in television dramas in violation of regulations or inserted in excess of time limits;
(3) a few broadcasting organs inserting advertising and moving caption advertising in violation of regulations;
(4) a number of advertisements suspected of duping consumers.
Hereby, the SARFT responds on the situation of dealing with the abovementioned problems as follows:
1, If the above three sorts of problems violating regulations exist within local radio and television broadcasting organs and transmission organs, it is permitted to report this to the local administrative radio, film and television management entity. Where problems were reported to SARFT by the masses, we already on the basis of the principle of “territorial management, responsibility at all levels”, charged the local provincial-level administrative radio, film and television management entity to investigate and deal with them, and they must report the results upward within a time limit, presently, examination work is being conducted. Where examination proved that problems violating regulations truly existed, the radio, film and television management entity will impose punishment on the organ violating regulations according to laws and regulations such as the “Advertising Law”, the ” Radio and Television Management Regulations”, the “Provisional Radio and Television Advertising Broadcast Management Rules”, etc.
2, Concerning advertising problems suspected to dupe consumers. According to regulations such as the “Advertising law”, the appraisal of false and unlawful advertising falls under the responsibility of management entities such as industry and commerce, hygiene, medicine supervision, etc., therefore, reports of this sort of problems are requested to be put to local industry and commerce, hygiene and medicine supervision entities. Concerning false and unlawful advertising appraised as such by entities such as industry and commerce, hygiene, medicine supervision, etc., SARFT will notify all broadcasting organs to stop broadcast.
3, Concerning problems of reported plane media publishing unlawful advertising, reports are requested to be put to the General Administration of Press and Publications.
2008年3月10日至2008年3月17日,广电总局政府网站共收到网友对各地广播电视播出机构、转播机构违规播放广告的投诉32件。网友投诉的主要问题是： （一）一些地方广播电视播出机构继续违规播放广电总局禁播的八类涉性药品、医疗、保健品广告及有关医疗资讯、电视购物节目；（二）影视剧中违规插播或超时插播广告；（三）个别转播机构违规插播广告、游动字幕广告；（四）一些广告涉嫌欺骗消费者。 现将广电总局对上述问题的处理情况答复如下： 1、如果地方广播电视播出机构、转播机构有存在前三类违规问题，可向当地广播电视行政管理部门反映。群众向广电总局反映的问题，我们根据“属地管理，分级负责”的原则，已责成当地省级广播电视行政管理部门核查处理，并限期上报处理结果，目前核查工作正在进行中。经核查的确存在违规问题的，广电管理部门将依据《广告法》、《广播电视管理条例》、《广播电视广告播放管理暂行办法》等法律法规对违规机构给予处理。 2、有关涉嫌欺骗消费者的广告问题。根据《广告法》等规定，对虚假违法广告的认定属于工商、卫生、药监等管理部门的职责，因此对这类问题的投诉请向当地工商、卫生、药监部门反映。对于工商、卫生、药监等部门认定的虚假违法广告，广电总局将通知所有播出机构停播。 3、有关反映平面媒体刊发违法广告的问题，请向国家新闻出版总署投诉。