The State Administration of Radio, Film and Television (SARFT) recently promulgated the Administrative Measures Governing the Airing of Advertisements on Radio and Television. The Measures stipulate that advertisements deliberately using wrongly written or mispronounced characters or altering the meaning of proverbs shall be banned on radio and television. Also banned are seven other types of advertisements, including advertisements for voice services such as those for name analysis, fortune telling, compatibility test and chat room service.

According to the Measures, radio and TV commercials shall be banned if they:

(1) Contravene the basic principles laid down in the Constitution;

(2) Undermine national unity, sovereignty and territorial integrity, undermine national security, or harm national honour and interests;

(3) Incite ethnic hatred and discrimination, infringe upon ethnic customs and habits, hurt national feelings, undermine ethnic unity and contravene religious policies.

(4) Disrupt social order and undermine social stability;

(5) Publicise cults, obscenity, gambling, violence and superstition and undermine public morality or outstanding cultural traditions;

(6) Insult or discriminate or slander against others and undermine the legitimate interests of others;

(7) Induce minors to engage in undesirable acts or embrace undesirable values to the harm of their physical and mental health;

(8) Use language in absolute terms and cheat and mislead the public by deliberately using wrongly written characters or altering proverbs;

(9) The use or disguised use of the national flag, national emblem and national anthem of the PRC, the use or disguised use of the name, image, voice, famous sayings and handwriting of state leaders and leading figures of the state, or the name and image of state organs and state functionaries;

(10) Advertisements of medicine, medical equipment and medical and health information that publicise the curative effect and efficacy, or use the images of doctors, experts, patients and public figures to prove their therapeutic effects; and

(11) Other contents prohibited by laws, administrative regulations and other relevant provisions of the state.

The broadcasting of the following types of radio and TV commercials is prohibited:

(1) Advertisements released in the form of news reports;

(2) Advertisements for tobacco products;

(3) Advertisements for prescription medicines;

(4) Advertisements for medicines, food, medical equipment and methods for the treatment of malignant tumours, liver diseases and sexually transmitted diseases and for the enhancement of sexual performance;

(5) Advertisements for voice services, such as name analysis, fortune telling, compatibility test and chat room service;

(6) Advertisements for milk products containing the words “breast milk substitutes”; and

(7) Other advertisements the airing of which is banned by law, administrative regulations and relevant provisions of the state.

If a radio or TV station violates the above-mentioned provisions, the radio, film and television administration departments of people’s governments at or above the county level may order it to stop the offence or make corrections. In addition to warning, a fine of up to Rmb30,000 may be imposed. In serious cases, the original licence-issuing authority may revoke its Radio and Television Channel Licence and Radio and Television Broadcaster Licence. 

At the same time, news and current affairs programmes may not be named after enterprises or products. No address or means of contact may be given in exclusive interviews of persons or special reports on enterprises. Advertisements of an investment nature, such as investment consultancy service, financial services and franchising, must warn audience of “investment risks”. With the exception of advertisements for welfare lotteries and sports lotteries which are approved by law, the airing of commercials of a gambling nature is prohibited.