TapTechNews on August 23rd, it was learned from the General Administration of Market Supervision that the Enforcement Guide for the Identifiability of Internet Advertising was officially released today.
The Guide aims to provide guidance for carrying out the supervision and law enforcement work of the identifiability of Internet advertising. The so-called Internet advertising refers to the commercial advertising in the territory of the People's Republic of China that directly or indirectly promotes goods or services by using Internet media such as websites, webpages, Internet application programs in the form of text, pictures, audio, video or other forms.
The identifiability of Internet advertising means that Internet advertising can be distinguished from other non-advertising information so that consumers can identify it as advertising. Whether it is prominently marked as advertising is not the criterion for determining advertising. The market supervision department should determine whether the relevant business information belongs to advertising according to the provisions of Article 2 of the Advertising Law and Article 2 of the Administrative Measures for Internet Advertising.
Internet advertising should be identifiable and not mislead consumers.
If Internet advertising is not identifiable, the advertising publisher shall bear the corresponding legal liability according to law. If the advertiser publishes Internet advertising by itself, it shall bear the responsibility of the advertising publisher.
If a user of an Internet platform uses the platform's information service to publish advertising, this user is the advertising publisher.
If the operator of an Internet platform publishes Internet advertising, or intervenes in the natural sorting, affects the display effect, and attaches a shopping link and constitutes advertising by using artificial intelligence, algorithm and other methods, the Internet platform operator shall be identified as the advertising publisher.
The advertising publisher (or the advertiser who publishes the advertising by itself, the same below) can enhance the identifiability of Internet advertising by text annotation and voice prompt.
In the case of text annotation, it should be prominently marked as advertising. In the case of voice prompt, it should be clearly prompted as advertising through a clear voice prompt.
Advertising publishers and Internet information service providers can be identified as having the identifiability of advertising in the area by setting up a special area and prominently marking as advertising or otherwise clearly informing that the commercial information in this area is all advertising.
Websites, webpages, Internet application programs, etc. can be implemented with reference to the previous provisions if they prominently mark as advertising or otherwise clearly inform that all the commercial information in this website, webpage, Internet application program, etc. is advertising.
If the goods operator or service provider publishes advertising for the goods or services it sells through its own website, webpage, Internet application program, etc.;
If the goods operator or service provider publishes advertising for the goods or services it sells through the network space with the legitimate right to use in the Internet platform, and uses its account name, store name and other ways to disclose its identity as the goods operator or service provider to consumers;
In other situations where the commercial advertising attribute is significant and easy for consumers to identify.
If the studio operator or live marketing personnel always prominently mark as the goods operator or service provider in the live marketing activity, or consumers can identify the above identity through its account name;
If it is prominently marked on the live page that the live content is advertising;
If it is prominently marked or clearly prompted for the start and end points of the advertising period during the live process.
For the goods or services of bidding ranking, if it is not prominently marked (or clearly prompted, the same below) as advertising;
Except for the situations where advertising or disguised advertising is prohibited by law and administrative regulations, for the Internet advertising published by promoting goods or services in the form of knowledge introduction, experience sharing, consumption evaluation, etc. and attaching a shopping link and other purchase methods, if it is not prominently marked as advertising;
In the Internet information content flow such as news information and Internet audio-visual content, if it is not prominently marked as advertising;
Publishing other Internet advertising that is not identifiable.
If the news report contains the business address, contact information, shopping link and other information of the corresponding goods operator or service provider, it should be regarded as an important consideration factor for identifying the advertising published in the form of news report by disguise, except for carrying out public opinion supervision, dealing with emergency situations related to product quality and public welfare activities such as poverty alleviation and assistance, and personal serious illness assistance.
The Guide also puts forward the following key points:
If the Internet advertising publisher violates the identifiability regulation of Internet advertising for the first time in the supervision and law enforcement of the market supervision department, if the harm consequence is slight and corrected in time, it can be exempted from administrative penalty according to law.
The Internet advertising publisher is encouraged to indicate the identity of the advertising publisher while prominently marking as advertising.
For the advertising generated or deep synthesis technology-produced advertising using artificial intelligence (AI) technology, the advertising publisher is encouraged to make This advertising uses AI technology, This advertising uses deep synthesis technology, This advertising is generated by AI technology and other prompts.
The Internet platform operator can, in accordance with laws, regulations and this Guide, improve the platform rules and service agreements of the identifiability of Internet advertising, and provide convenience for platform users to fulfill the obligation of the identifiability of Internet advertising and indicate the identity of the advertising publisher, and not prevent platform users from carrying out text annotation, voice prompt and other behaviors.
Industry associations, Internet platform operators, etc. can formulate industry norms, self-discipline conventions, group standards or enterprise standards according to laws, regulations and this Guide to strengthen industry self-discipline.