医疗广告监管

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划清医疗广告认定边界
Jing Ji Ri Bao· 2025-09-12 00:09
Core Viewpoint - The recent release of the "Guidelines for Medical Advertising Recognition" by the National Market Supervision Administration, the National Health Commission, and the National Administration of Traditional Chinese Medicine aims to clarify the principles and standards for medical advertising recognition, providing clearer and more operational guidance for medical advertising regulation [1][2] Group 1: Regulatory Challenges - The difficulty in regulating medical advertising stems from the blurred lines between medical advertising, information disclosure, and health education, especially with the rapid development of "Internet + Healthcare" [1] - Legitimate information disclosure or health education by medical institutions may be misclassified as advertising, while illegal operators may disguise advertisements as educational content, creating challenges for regulation [1] Group 2: Guidelines and Standards - The Guidelines specify that only legally established medical institutions can publish medical advertisements, clearly defining the qualifications required for advertisers and cutting off illegal entities from entering the market [1] - Clear standards for distinguishing between medical advertising, health education, and medical information have been established, providing a basis for platform management and regulatory oversight [1] Group 3: Responsibilities and Enforcement - All parties are urged to take responsibility to purify the industry ecosystem, with platforms required to verify the qualifications of medical advertisement publishers and eliminate unlicensed accounts [2] - Regulatory bodies should enhance daily supervision and establish a collaborative mechanism across departments to strengthen enforcement against illegal activities [2] - There is a call for increased penalties for violations, improvement of the blacklist system, and regular special governance actions to ensure timely rectification by platforms [2] Group 4: Technological Integration - The emergence of new technologies, such as AI, presents new challenges for the regulation of medical advertising, as illegal advertisements become more covert and fragmented [2] - Relevant departments and platforms are encouraged to explore the use of new technologies to enhance regulatory effectiveness, ensuring that technological applications complement industry governance [2]
《医疗广告认定指南》发布:划清边界,严打变相违法广告
2 1 Shi Ji Jing Ji Bao Dao· 2025-08-15 02:36
Core Viewpoint - The release of the "Medical Advertising Recognition Guidelines" aims to maintain order in the medical advertising market and clarify the distinction between medical advertising, medical information, and health education [1][3][4]. Regulatory Framework - The guidelines continue the strict regulatory principles established in existing laws and regulations, allowing only legitimate medical institutions to publish medical advertisements [1][2]. - The guidelines provide clearer and more actionable directives for regulatory bodies, enhancing their ability to combat illegal medical advertising disguised as health information [1][2][6]. Market Oversight - In the first half of 2025, regulatory authorities handled 1,666 cases of illegal medical advertising, imposing fines totaling 12.78 million yuan [2][7]. - The guidelines encourage local regulatory bodies to refine collaborative mechanisms with health and traditional medicine departments, enhancing overall regulatory effectiveness [6][7]. Distinction of Medical Advertising - Medical institutions' disclosure of necessary patient information does not constitute medical advertising unless it includes subjective endorsements or comparisons with other institutions [4][5]. - Any organization or individual promoting specific medical institutions or services in health education content will be deemed to be engaging in illegal medical advertising [5][6]. Collaborative Efforts - The guidelines emphasize the need for collaboration among market regulation, health, and traditional medicine departments to effectively address the issues surrounding medical advertising [6][7]. - Social media and online platforms are urged to enhance compliance management and take proactive measures to identify and eliminate illegal medical advertising [7].
《医疗广告认定指南》为广告划红线 也为科普留空间
Nan Fang Du Shi Bao· 2025-08-14 16:11
Core Viewpoint - The release of the "Guidelines for the Identification of Medical Advertisements" by the State Administration for Market Regulation, the National Health Commission, and the National Administration of Traditional Chinese Medicine aims to clarify the boundaries between medical advertising, medical information, and health education, thereby enhancing the regulation of illegal medical advertisements [1][2]. Group 1: Clarification of Medical Advertising - The guidelines systematically clarify the distinction between medical advertisements and medical information, providing clear behavioral guidelines for all parties involved [2]. - Only legally established medical institutions are permitted to publish medical advertisements, which helps to curb misleading practices by "black hospitals" and "black doctors" [2]. - The guidelines specify that basic information published by medical institutions on their official platforms does not constitute advertising, while promotional claims about specific medical institutions in health education can be classified as disguised medical advertisements [2][3]. Group 2: Regulatory Collaboration - The guidelines delineate the responsibilities of the market regulation department and health departments, establishing a system for transferring leads and reporting situations [3]. - When illegal medical advertisements are discovered, health departments can take appropriate actions against the medical institutions involved, while incorrect medical information that does not qualify as advertising will be guided for rectification by health departments [3]. Group 3: Positive Impacts of the Guidelines - The introduction of the guidelines marks a significant step towards refined and standardized regulation of medical advertising in China [4]. - Regulatory authorities are provided with clear enforcement bases, reducing the risk of public misguidance by illegal advertisements and safeguarding the right to information [4]. - The implementation of the guidelines is expected to create a regulated and vibrant medical information ecosystem, ultimately protecting public health rights [4].
上半年共查办医疗违法案件1666件
Mei Ri Jing Ji Xin Wen· 2025-08-14 15:15
8月13日,市场监管总局召开专题新闻发布会,介绍医疗领域广告监管相关工作情况。 为有力回应民生关切,市场监管总局在加大执法力度的同时,于今年5月出台了《医疗广告监管工作指 南》。8月13日,市场监管总局联合国家卫生健康委、国家中医药管理局共同制定的《医疗广告认定指 南》也正式公布。 谷保中在发布会上表示,强化、优化对医疗广告活动的监管,一直是行业关注、群众关切的焦点。两个 指南坚持规范与发展并重的原则,但在内容侧重方面有所不同。 《医疗广告监管工作指南》主要针对医疗广告监管执法的原则和具体监管规则作出细化规定,为市场监 管部门提供更加明确的执法指引和实操指南。比如进一步明确了市场监管部门查处医疗广告时应当遵循 的原则,列举了不同业务场景下医疗广告违法的具体表现形式,对查处医疗广告违法案件过程中规范行 使裁量权进行细化,对互联网平台防范和制止违法医疗广告信息发布和传播的责任义务作了规定。 《医疗广告认定指南》在结合医疗广告活动新特点和监管实践的基础上,对"什么是医疗广告"进行了回 答;再次重申了除依法成立的医疗机构外,任何单位和个人不得自行或者委托他人发布医疗广告;对如 何区分"医疗广告"与"医疗信息公开""健 ...
以科普引流医疗服务属变相广告,将受严格监管
21世纪经济报道· 2025-08-14 12:45
Core Viewpoint - The article discusses the tightening regulations on medical advertising in response to the increasing prevalence of misleading advertisements disguised as health information, particularly in the context of the internet's rapid development [1][3]. Summary by Sections Medical Advertising Regulation Challenges - Medical advertising has become more complex with the rise of the internet, leading to a blurring of lines between health education and advertising [1]. - In the first half of the year, regulatory authorities handled 1,666 cases of illegal medical advertising, imposing fines totaling 12.78 million yuan [1]. Introduction of the Recognition Guidelines - The State Administration for Market Regulation, in collaboration with the National Health Commission and the National Administration of Traditional Chinese Medicine, has developed the "Medical Advertising Recognition Guidelines" to clarify what constitutes medical advertising [3][4]. - The guidelines emphasize the importance of legitimate advertising entities and aim to address issues related to unqualified "black hospitals" and "black doctors" misleading the public [3]. Key Changes in the Guidelines - The guidelines prohibit any entity or individual, except legally established medical institutions, from publishing medical advertisements [4]. - The previous ambiguous definitions regarding promotional activities and health education have been removed, tightening the criteria for what constitutes advertising [4]. - The guidelines specify that linking health education content to medical services or products constitutes disguised advertising [4]. Focus on Internet Platforms - The rise of internet platforms has increased the volume of medical advertising, making it difficult for consumers to distinguish between advertising and educational content [6]. - Recent policies in Beijing aim to enhance compliance and promote legal awareness regarding medical advertising on digital platforms [6]. Collaborative Regulatory Efforts - The guidelines call for a coordinated approach among various regulatory bodies to effectively manage medical advertising [8]. - Local market supervision bureaus are collaborating with health and law enforcement departments to create a comprehensive regulatory network [8]. - A tiered regulatory approach is being implemented to avoid one-size-fits-all enforcement, allowing for leniency in minor violations [8].
以科普引流医疗服务属于变相广告 将受严格监管
2 1 Shi Ji Jing Ji Bao Dao· 2025-08-14 10:08
Core Viewpoint - The regulatory challenges surrounding medical advertising have intensified, particularly with the rise of the internet, leading to a closer resemblance between medical advertising and health education, which has been exploited by unscrupulous operators [1][2]. Group 1: Regulatory Developments - In the first half of the year, national market regulatory authorities handled 1,666 cases of illegal medical advertising, imposing fines totaling 12.78 million yuan, covering various sectors including medical beauty and medical devices [1]. - The State Administration for Market Regulation, in collaboration with the National Health Commission and the National Administration of Traditional Chinese Medicine, has developed the "Medical Advertising Recognition Guidelines" to clarify what constitutes medical advertising and emphasize the legitimacy of advertising entities [1][2]. Group 2: Key Changes in Guidelines - The final version of the "Recognition Guidelines" has been released after several months of public consultation, maintaining a similar structure to the draft but making key adjustments [2]. - The guidelines strictly limit the entities that can publish medical advertisements, stating that only legally established medical institutions are permitted to do so, while any other individuals or organizations are prohibited from publishing medical ads [2][4]. - The guidelines have removed ambiguous definitions regarding promotional activities and health education that previously did not constitute advertising, tightening the regulations around "scientific popularization" that leads to medical service promotion [2]. Group 3: Internet Platform Responsibility - The guidelines highlight the importance of internet platforms in the advertising landscape, emphasizing the need for these platforms to take responsibility for compliance [3]. - Beijing has introduced policies to promote high-quality development in the digital advertising industry, utilizing new media platforms for legal education regarding advertising laws and the new guidelines [3]. Group 4: Collaborative Enforcement - The guidelines call for a collaborative enforcement approach among various departments to effectively regulate medical advertising, ensuring that hospitals and doctors are also monitored [4][5]. - Local market supervision bureaus are working with health and police departments to create a cooperative enforcement mechanism, exemplified by Shanghai's case-sharing collaboration, which has sent 610 cases of administrative penalties for medical advertising to the health commission [5]. - A tiered regulatory approach is being implemented in various regions to avoid one-size-fits-all enforcement, allowing for leniency in minor violations, as seen in Beijing's system that exempted 89 cases from penalties [5].
守护群众健康 三部门出手剑指医疗广告乱象
Ren Min Wang· 2025-08-14 08:10
人民网北京8月14日电 (记者丁亦鑫)近日,市场监管总局、国家卫生健康委、国家中医药局联合 发布《医疗广告认定指南》(以下简称《指南》),明确将医疗广告发布主体严格限定为依法设立的医 疗机构,剑指医疗广告乱象及医疗广告与科普、信息公示的界定难题。 什么是医疗广告? (二)通过对本机构或者其医务人员的诊疗技术、诊疗流程、诊疗效果进行主观性评价或者保证性 承诺等方式,对本机构进行推介; (三)与其他医疗机构进行比较; (四)其他以推介本医疗机构为目的发布的信息。 《指南》指出,任何单位、组织或者个人开展科普宣传时,存在下列情形之一的,应当认定为以介 绍健康、养生知识等形式变相发布医疗广告: 聚焦社会反映集中的无资质"黑医院""黑医生"发布广告误导群众就医选择的问题,《指南》对"什 么是医疗广告"进行回答,对医疗广告发布主体作出严格限定。 《指南》明确,医疗广告是指利用一定的媒介和形式直接或者间接介绍医疗机构或者医疗服务的广 告。市场监管部门应当综合相关医疗信息的发布内容、发布渠道、发布方式等多种因素认定医疗广告。 《指南》对医疗广告发布主体作出严格限定,明确除依法设立的医疗机构外,任何单位和个人不得 自行或者委托 ...
【8点见】大理通报“8岁男童在苍山走失遇难”
Yang Shi Wang· 2025-08-14 00:05
Group 1 - The Ministry of Water Resources has initiated a Level IV emergency response for flood defense in Fujian and three other provinces [1] - The Ministry of Commerce announced countermeasures against two EU financial institutions starting from the 13th [1] - Two departments have urgently allocated 170 million yuan to support emergency rescue and disaster relief in seven provinces and cities [1] Group 2 - The State Administration for Market Regulation, the National Health Commission, and the National Administration of Traditional Chinese Medicine jointly released a guideline to strengthen the regulation of medical advertisements [1] - Two departments are soliciting opinions on the regulation that auxiliary driving cannot be considered as autonomous driving, and OTA upgrades without filing are prohibited [1] Group 3 - The 2025 World Humanoid Robot Games will open in Beijing on the 14th [1] - The total box office for the summer movie season in 2025 (including pre-sales) has surpassed 9 billion yuan [1] Group 4 - The U.S. federal government debt has exceeded 37 trillion dollars [3] - The U.S. government has declared a state of emergency in Washington D.C., with the National Guard deployed to the capital [3] - Former President Trump is considering legal action against Federal Reserve Chairman Jerome Powell [3]
三部门发布指南加强医疗广告监管
Zhong Guo Zheng Quan Bao· 2025-08-13 21:13
Core Viewpoint - The joint release of the "Medical Advertising Recognition Guidelines" by the National Market Supervision Administration, the National Health Commission, and the National Administration of Traditional Chinese Medicine aims to provide clearer and more actionable guidance to combat illegal medical advertising [1][2]. Group 1: Regulatory Framework - The guidelines clarify what constitutes medical advertising and emphasize that only legally established medical institutions are permitted to publish medical advertisements [3]. - The guidelines also provide more operational rules to distinguish between "medical advertising," "medical information disclosure," and "health science popularization" [3]. Group 2: Regulatory Efforts and Impact - The National Market Supervision Administration has intensified its regulatory efforts against various forms of illegal medical advertising, including "miracle doctor" ads, and has developed enforcement guidelines to enhance collaboration with relevant departments [2][4]. - In Shanghai, the monitoring of illegal medical advertisements has shown a significant decline in violation rates, dropping from 3.89% in 2020 to 1.57% in 2024, representing a reduction of approximately 60% [5]. Group 3: Future Directions - The National Market Supervision Administration plans to use the release of the guidelines to guide local regulatory departments and industry authorities in promoting compliance among medical institutions regarding advertising practices [4]. - The focus will be on strengthening platform compliance guidance, optimizing advertising regulatory methods, and enhancing inter-departmental coordination [4].
三部门联合发布指南 加强医疗广告监管
Zheng Quan Shi Bao· 2025-08-13 17:45
Group 1 - The core viewpoint of the article is the release of the "Guidelines for the Identification of Medical Advertisements" by the State Administration for Market Regulation, the National Health Commission, and the National Administration of Traditional Chinese Medicine, aimed at effectively combating illegal medical advertisements [1] - The guidelines provide clearer and more actionable instructions to distinguish between legitimate medical information and misleading advertisements, addressing the challenges faced by medical institutions in publicizing normal medical information [1] - The guidelines specifically target the issue of unqualified "black hospitals" and "black doctors" misleading the public through advertisements, establishing strict limitations on who can publish medical advertisements [1]