From today on, don’t post these on your Moments! The maximum fine is ￥100,000!

Has your circle of friends become cluttered with all kinds of micro-business advertisements? Are you still forwarding advertisements out of face? Is your email flooded with ads? Starting from September 1st, all these troubles of yours will be solved!

Starting today, the " Internet Advertising Management Measures" officially came into effect

Starting from September 1, the "Interim Measures for the Administration of Internet Advertising" issued by the State Administration for Industry and Commerce will officially take effect. The "Measures" clearly state that "paid search advertisements for the promotion of goods or services" also belong to Internet advertisements and should be prominently marked with the word "advertisement"; advertisements published in pop-up form on Internet pages should be prominently marked with a close sign.

In the fan economy , when internet celebrities and stars publish commercial advertisements on their Weibo, WeChat and other self-media , they must also clearly mark “advertisements” . It is worth noting that forwarding advertisements on social media such as WeChat Moments and Weibo must also comply with regulations, otherwise the corresponding responsibilities must be borne .

Five types of Internet advertisements must be marked as "advertisements"

Many netizens have similar experiences: when they are sick, they enter their symptoms into the search engine and many medical institutions will appear, which can lead to misleading if they are not careful; when they search for products on shopping websites, the "hot seller" displayed on one side of the screen is not natural, but promoted by the merchant...

Paid searches are mixed with normal search results with no obvious distinction, making it difficult for many consumers, especially those who are not familiar with the Internet, to distinguish and they fall into the trap frequently. Is paid search advertising?

How to regulate? This controversial question now has a clear answer. The "Interim Measures for Internet Advertising Management" (hereinafter referred to as the "Interim Measures") will come into effect on September 1, and will make clear provisions on hot issues such as paid search and pop-up ads that were previously controversial and of general concern to netizens.

At present, the Interim Measures define Internet advertising by using the extensional description method, stipulating that: "Internet advertising as referred to in these Measures refers to commercial advertising that directly or indirectly promotes goods or services in the form of text, pictures, audio, video or other forms through Internet media such as websites, web pages, and Internet applications." It also lists the types of Internet advertising, which are divided into five categories:

(1) Advertisements in the form of text, pictures or videos containing links that promote goods or services;

(2) E-mail advertisements promoting goods or services;

(3) paid search advertisements promoting goods or services;

(iv) advertisements in commercial displays that promote goods or services, and the display of information that operators are required to provide to consumers under laws, regulations and rules shall be in accordance with such provisions;

(5) Other commercial advertisements that promote goods or services through the Internet.

Starting from September 1, these paid search results will be marked with the word "advertisement", which is clearly distinguishable from natural search results.

Soft articles promoting products should also be clearly marked as "advertisement"

Some citizens have had such an experience. They saw a historical story about the Silk Road on a public account or WeChat Moments. The story was humorous and exciting, but at the end it took a sudden turn and became an advertisement for a certain express delivery company. I couldn't help but smile after watching it, and admired the superb technology of seamlessly connecting the story and the advertisement. However, in the future, such soft articles will also have to be marked as advertisements .

Internet advertisements must be clearly marked as "advertisements" so that consumers can identify them, and texts, pictures, etc. on the Internet that directly or indirectly promote products or services are all considered advertisements.

Nowadays, the fan economy is developing in full swing. In the fan economy, when internet celebrities and stars publish commercial advertisements on their Weibo, WeChat and other self-media, they must also clearly mark “advertisements” . If internet celebrities and stars simply broadcast live and share their feelings on the internet without engaging in advertising activities, then it is not considered advertising. However, if the purpose of the live broadcast and sharing is to participate in the release of advertisements, then it must be stated during the live broadcast that the following is an advertisement.

Pop-up ads should be able to be closed with one click

When browsing the web, many people have encountered advertising pages that pop up suddenly. Some of them have no close button at all, while others will jump to another link when clicking the close button. These pop-up ads that are like "psoriasis" are hard to guard against, causing netizens to complain again and again.

The "Interim Measures" also made provisions for this issue, clearly stating that the use of the Internet to publish and send advertisements shall not affect the normal use of the Internet by users; advertisements published on Internet pages in pop-up or other forms shall be clearly marked with a close sign to ensure that they can be closed with one click . Additionally, users may not be deceived into clicking on advertising content. Regarding everyone's e-mails, the "Interim Measures" also clearly stipulate that without permission, advertisements or advertising links may not be attached to e-mails sent by users.

Those who forward advertisements on WeChat Moments and Weibo are also held responsible

Since Internet advertising has many characteristics that are different from traditional advertising, there are many special problems and difficulties encountered in its supervision. Who are Internet advertisers? What are the responsibilities and obligations? Article 11 of the Interim Measures

It is defined as follows: "A natural person, legal person or other organization that pushes or displays Internet advertisements for advertisers or advertising operators and can verify the content of advertisements and decide on the publication of advertisements is the publisher of such Internet advertisements." Different from traditional advertisements, the Interim Measures define the behavioral characteristics of Internet advertisement publishers as "pushing or displaying", and stipulate that a natural person, legal person or other organization that can verify the content of advertisements and decide on the publication of advertisements is the publisher of Internet advertisements, and shall bear the obligations stipulated in the Advertising Law to pre-check supporting documents and verify the content of advertisements.

These Internet information service providers do not actually participate in Internet advertising operations, but objectively provide an information service platform for Internet advertising. For example, for Internet advertisements published by users on platforms such as Weibo, WeChat, and e-commerce platforms as advertisers or publishers, the "Interim Measures" stipulate that when a platform knows or should know that other people are using its information publishing platform to publish illegal advertisements, it should stop it.

In other words, you will be held responsible for forwarding advertisements on your Moments in the future . Of course, if it only provides information and does not actually participate in business activities, it is not advertising. For example, if you find good and interesting advertising content on the Internet and you forward it without intending to promote a product or service, it is not an advertisement. The industrial and commercial department mainly looks at subjective intent. It is best not to forward product promotional information without authorization, because in many cases it is impossible to prove that you are not involved in business activities.

Internet advertisements that fail to indicate the content of the advertisement will be fined up to 100,000 yuan

In addition to clarifying the concept and form of Internet advertising, the "Interim Measures" also made a series of regulations. For example: it is stipulated that Internet advertisements must be identifiable and prominently marked as "advertisements" so that consumers can clearly understand that advertisements for prescription drugs and tobacco are prohibited from being published on the Internet; advertisements for medical services, pharmaceuticals, special medical purpose formula foods, medical devices, pesticides, veterinary drugs, health foods, etc. must not be published without review. Those who violate the provisions of the Interim Measures will be punished in accordance with the Advertising Law.

The "Interim Measures" clarify the jurisdiction of advertising regulatory departments in view of the characteristics of Internet advertising, and impose administrative penalties on illegal Internet advertising activities, which will be under the jurisdiction of the industrial and commercial administrative department of the place where the advertiser is located. The industrial and commercial administrative department where the advertiser or advertising operator is located can also exercise jurisdiction if it first discovers clues of illegal activities or receives complaints or reports.

For Internet advertisements that are not identifiable, the industrial and commercial administrative departments shall order them to correct the violations and impose a fine of no more than RMB 100,000 on the advertiser in accordance with the relevant provisions of the Advertising Law; if users are deceived into clicking on advertisements, or advertisements or advertising links are attached to users' emails without permission, they shall be ordered to correct the violations and be fined no less than RMB 10,000 and no more than RMB 30,000.

If you encounter these ads in the future, you can report them directly

(Photo via Wuyi Popular Law)

A large number of onlookers applauded this!

This practice of imposing fines for just a disagreement!

In this online world where routines are so deep,

Many people say that their wallets are not big enough!

After all, sometimes... there are many situations where you need to make a friend transfer out of necessity!

For example, grabbing a red envelope in a WeChat group ,

The sender of the red envelope often asks the friend who received the red envelope to help forward the advertisement

Or your good friend is doing WeChat purchasing,

Please help him promote it...

If you refuse

There are also a few people

You should also supervise your circle of friends.

Express dissatisfaction...

excuse me? "I have the final say over my circle of friends"

There are also these illegal WeChat behaviors that you don’t know about

1. Those who insult traffic police in WeChat Moments will be detained

In March this year, because her husband was punished by traffic police for drunk driving, Liu, a woman from Bozhou, Anhui Province, insulted the traffic police on WeChat Moments , saying, "You won't live past 2016," and "That 1,500 yuan can be considered as buying you wreaths and burial clothes." The traffic police department found out and reported the case. At present, the woman has been punished by the police with 5 days of administrative detention. Because Liu is still breastfeeding, the relevant administrative detention will not be executed.

Some lawyers believe that WeChat Moments, as a new type of online space, although named after "friends", is not a true "private space". According to the current characteristics of WeChat Moments, it should be legally defined as "an unspecified group of people", which is what we usually call the general public, and belongs to a public place. Therefore, the information posted here is obviously public. If it involves the privacy of others or insults or slanders others, the publisher will be punished by law. If the circumstances are serious, he will be convicted and punished for insult or defamation in accordance with Article 246 of the Criminal Law.

2. Fundraising on WeChat? Can't

Misappropriation of donations, fraudulent donations, lack of information transparency... In recent years, some irregular behaviors in the charity sector have aroused social discussion. On March 9 this year, the draft Charity Law, which had been in the works for 10 years, was submitted to the Fourth Session of the 12th National People's Congress for deliberation. If passed, my country will have its first basic law on charity.

The latest version of the draft stipulates that "charitable organizations that conduct fundraising through the Internet should publish fundraising information on the charity information platform unified or designated by the civil affairs department, and may also publish fundraising information on their website at the same time." Kan Ke, deputy head of the bill group of the Secretariat of the Fourth Session of the 12th National People's Congress, pointed out that the relaxation of the latest draft does not mean "complete openness" of online fundraising. Fundraising on the Internet must still be published on the designated or unified online information platform of the civil affairs department. "Internet platforms that do not have the right to raise funds cannot publish fundraising information."

Anyone who spreads rumors, falsely reports dangerous situations, epidemics, or police incidents, or intentionally disturbs public order by other means, shall be detained for not less than five days but not more than ten days, and may be fined not more than RMB 500, in accordance with Article 25-1 of the Public Security Administration Punishment Law; if the circumstances are serious and constitute a crime, they shall be detained in accordance with Article 291-1 of the Criminal Law; if anyone fabricates terrorist information such as explosion threats, biological and chemical threats, or radiation threats, or intentionally spreads terrorist information knowing that it is fabricated and seriously disrupts social order, he shall be guilty of fabricating and intentionally spreading false terrorist information, and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or control; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years.

But in general,

This kind of thing of purifying the circle of friends is still a cause for great joy!

It never goes wrong to know more about legal knowledge!

Let’s wait and see how it is implemented!

Toutiao reminds everyone again,

Be careful when posting advertisements on WeChat Moments!

Don’t help your friends blindly.

So as not to accidentally get into "big trouble"!

Let your friends know this rule as well, otherwise they will be breaking the rules!