"Administrative Measures for Senior Performance Agents" officially implemented
Put an end to fake singing and fake performance, standardize performance
□ Our reporter Han Dandong
□ Su Xinyu, an intern from our newspaper
The "Administrative Measures for Advanced Performance Agents" (hereinafter referred to as the "Administrative Measures") promulgated by the Actor Brokers Committee of the China Performance Industry Association was officially implemented on October 10, 2020.
It is reported that the "Administrative Measures" are only for relevant personnel who hold senior performance brokerage qualification certificates.
The "Administrative Measures" pointed out that it is not allowed to organize actors to deceive the audience with false singing or false performance, or to provide conditions for false singing or false performance, and other acts prohibited by laws and regulations.
At the same time, senior performance brokers must not use fraud or other improper means to obtain performance brokerage qualification certificates, or forge, alter, rent, or lend performance brokerage qualification certificates; they must not forge contracts, fake actors’ authorizations, etc., to conceal that they are important to the brokerage business. Matters and behaviors; stop false publicity of performance projects or businesses brokered.
It is reported that if the license holder has the above behavior, the China Performance Industry Association will cancel his performance broker certificate according to the punishment result and shall not obtain the performance broker qualification certificate for 5 years or permanently reapply and other handling opinions.
What are the highlights of the "Management Measures" and what are the implications for the development of the current cultural market?
A reporter from the Rule of Law Daily had a dialogue with relevant experts.
Interlocutor
Yingwei Han, Senior Partner of Beijing Yingke Law Firm
Zheng Ning, Dean of Law Department, School of Cultural Industry Management, Communication University of China
"Rules of Law Daily" reporter Han Dandong
Su Xinyu, an intern at the Rule of Law Daily
Increase in the proportion of entertainment expenditure
Conform to the needs of market public opinion
Reporter: What is the background of the "Management Measures"?
Han Yingwei: The performing arts industry occupies a basic position in the cultural industry, has a relatively high competitiveness in the cultural market, and has become more and more important.
With the rapid development of society and economy, the people’s spiritual and cultural needs are becoming more and more urgent, and the proportion of cultural and entertainment expenditures is also increasing. The choice of cultural products is increasingly biased towards spiritual culture, and performances are highly entertaining and possess The characteristics of greater influence have increasingly become a form of entertainment that people like to hear and see.
However, the current performing arts market is showing a mixed situation, and the cultural market is rather chaotic.
Phenomena such as false singing and false propaganda have seriously reduced the quality of cultural products and affected the orderly development of the market. There is an urgent need to strengthen supervision and regulation.
Zheng Ning: The "Administrative Measures" are industry self-discipline regulations formulated by the Actor Broker Committee of the China Performance Industry Association.
On December 5, 2012, the Ministry of Culture issued the "Administrative Measures for Performance Brokers", authorizing the China Performance Industry Association to be responsible for the issuance and management of performance broker qualification certificates.
This industry self-discipline is also a supplement and refinement of the "Management Measures", which can better respond to practical needs.
Close to practice outstanding problems
Clarify industry disciplinary measures
Reporter: What are the highlights of the "Management Measures"?
Han Yingwei: Article 6 of the "Administrative Measures" is of the most public concern, which stipulates that "senior performance agents shall eliminate the following behaviors in their business: (1) "Regulations on the Management of Commercial Performances" and "Regulations for the Implementation of the Regulations on Commercial Performances" The relevant laws and regulations of the cultural market prohibit the provision of brokerage services; (2) Obtain the performance brokerage qualification certificate by fraud or other improper means, or forge, alter, rent or lend the performance brokerage qualification certificate; (3) Forge contracts and forge the authorization of actors Acts of concealing important matters related to the brokerage business; (4) Conducting false publicity on the performance projects or business of the broker; (5) Organizing actors to deceive the audience with false singing or false performance or providing conditions for false singing and false performance; (6) ) Other actions prohibited by laws and regulations."
This article stipulates that false singing and false performance shall be eliminated, and effective regulations have been carried out on the false singing and false performance of artists that frequently appear in the market, and the legal consumer rights of the audience are protected in accordance with the law. At the same time, it stipulates that performance agents are prohibited from obtaining certificates by fraud As well as forging, altering, renting, and lending performance broker qualification certificates, it has effectively regulated the current chaotic phenomenon of performance brokers, and has played a role in promoting the orderly development of the current market.
Zheng Ning: The highlights are mainly reflected in three aspects: prohibition regulations, obligation regulations, and industry disciplinary measures:
First, there are specific regulations on the prohibition of sexual behaviors by senior performance agents in the business. These regulations are closely related to outstanding issues in practice and are highly targeted; second, senior performance agents are required to comply with the annual filing regulations Participate in business exchange activities once a year; third, clarify industry disciplinary measures and increase the disciplinary measures, including cancellation of its performance broker certificate and the decision to not obtain a performance broker qualification certificate within 5 years or permanently reapply. The certificate is downgraded to A performance agent qualification certificate valid for 5 years.
Orderly development of the performing arts market
Protect the legitimate rights and interests of the audience
Reporter: What is the significance of the "Management Measures"?
Han Yingwei: In recent years, there have been frequent incidents of entertainers picking up the wrong microphone and vocalizing before the opening, which has had a bad social impact. The phenomenon of false singing has been criticized by many netizens.
In fact, this phenomenon is sometimes not deliberately done by the entertainers, sometimes it is due to the request of the organizer or the arrangement of the performance agent.
The promulgation of the "Administrative Measures" effectively regulates and restricts the behavior of senior performance agents, and is an important measure for effective regulation of live performances.
The promulgation of the "Administrative Measures" is of great significance to the regulation of the behavior of entertainers and performance brokers and to audience consumption.
On the one hand, it effectively stops the dishonest deceptive behaviors of performers and performance brokers, and encourages performance brokers and performers to improve their performance, which is conducive to the orderly and healthy development of the performing arts market; on the other hand, it effectively protects the legitimate consumer rights of the audience , To meet its entertainment consumption needs.
Zheng Ning: First, it is of great significance to solve the long-term performance of false singing; second, to regulate the behavioral standards of senior performance agents and strengthen their professional ethics; third, to regulate the orderly development of the performance market; fourth, to ensure The legitimate rights and interests of the parties involved in performing arts brokerage activities.