Laws and regulations for setting up outdoor billboards

Legal analysis: The key to determining whether a billboard is illegal is whether the placement location is a public area. First of all, if the land in front of your shop is owned by you, you naturally have the right to use it freely. Secondly, if the entrance area is a public space, then you should abide by the unified management regulations and are not allowed to use it without authorization.
Legal basis: Article 3 of the "Regulations on the Registration and Management of Outdoor Advertising" stipulates that units that publish outdoor advertisements should apply for registration with the industrial and commercial administration authorities and accept their supervision and management. At the same time, according to laws, regulations or other regulations, if approval from relevant departments is required before registration, the corresponding approval procedures must be completed first.

The State Administration for Industry and Commerce issued the "Regulations on the Registration and Management of Outdoor Advertising" (State Administration for Industry and Commerce Order No. 25) on May 22, 2006. It has been officially implemented since July 1, 2006. This regulation aims to standardize the registration and management of outdoor advertising and promote the healthy development of the outdoor advertising industry. It is based on laws and regulations including the Advertising Law of the People's Republic of China, the Administrative Licensing Law and the Advertising Management Regulations.

Outdoor advertising includes various forms of advertisements published using public places, spaces and facilities, such as display boards, electronic display devices, etc., as well as advertisements published by individuals and enterprises through means of transportation, buildings, etc. advertising. To publish outdoor advertisements, you must apply for registration with the local industrial and commercial administration and obtain an "Outdoor Advertising Registration Certificate" before publishing. Registration is also required for specific forms of advertising such as subway facilities, station advertisements, etc.

Applying for outdoor advertising registration requires meeting a series of conditions, such as legal entity qualifications, advertising content that conforms to the business scope, media use rights, etc. The registration content includes the name of the publishing unit, location, period, form, quantity and content, etc., and the registration period shall not exceed the legal use of the media. For registered advertisements, if there are any changes, relevant application materials must be submitted for change registration.

For the unauthorized publication of outdoor advertisements without registration, the industrial and commercial administration authorities will investigate and punish the offenders, impose fines on violators and order them to complete the procedures. Those who forge or transfer the Outdoor Advertising Registration Certificate will be severely punished.

The regulations also clarify the supervisory responsibilities of the industrial and commercial administration agencies, aiming to maintain the order of the outdoor advertising market. All units and individuals should comply with relevant regulations, otherwise they will face corresponding legal sanctions.

Since July 1, 2006, the "Outdoor Advertising Registration and Management Regulations" have replaced the relevant concession regulations in 1995 and 1998, and the conflicting regulations have become invalid at the same time.

Extended information

Outdoor advertising (outdoor advertising) is generally called outdoor advertising that is set up outdoors. Common outdoor advertising include: roadside billboards, high pillar billboards (commonly known as anti-aircraft guns), light boxes, neon billboards, LED billboards, etc. Now there are even advanced outdoor advertising forms such as air balloons and airships.

Legal analysis: It is strictly prohibited to graffiti or engrave without permission on buildings on both sides of urban streets, various public facilities, trees, as well as in communities and stairwells , posting, hanging, placing, setting up, distributing various types of advertisements, plaques, slogans, publicity such as sales orders, product introductions, videos, moving, culture and sports, medical treatment, missing people's inspiration, lost and found, house exchange information, road signs, etc. Taste.

Legal basis: "Advertising Law of the People's Republic of China"

Article 41 The local people's government at or above the county level shall organize relevant departments to strengthen publicity on the use of outdoor places, spaces, facilities, etc. Supervision and management of outdoor advertising, formulating planning and safety requirements for outdoor advertising settings.

The management methods for outdoor advertising are stipulated by local regulations and local government regulations.

Article 42 No outdoor advertisements shall be set up under any of the following circumstances:

(1) Using traffic safety facilities and traffic signs;

(2) Affecting the use of municipal public facilities, traffic safety facilities, traffic signs, fire protection facilities, and fire safety signs;

(3) Impeding production or people’s lives, and damaging the appearance of the city;

(4) Set up in construction control zones of state agencies, cultural relics protection units, scenic spots, etc., or in areas where outdoor advertising is prohibited by local people's governments at or above the county level.