Online Live Marketing Management Measures (for Trial Implementation)
Chapter One General Provisions
Article 1 In order to strengthen the management of webcast marketing, safeguard national security and public interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and promote the healthy and orderly development of webcast marketing, in accordance with the "Network Security Law of the People's Republic of China", the "People's Republic of China" These measures are formulated by the Electronic Commerce Law, the Advertising Law of the People's Republic of China, the Anti-Unfair Competition Law of the People's Republic of China, the Regulations on the Ecological Governance of Network Information Content, and other laws, administrative regulations and relevant national regulations.
Article 2 In the territory of the People's Republic of China, these Measures are applicable to commercial activities conducted in the form of live video, audio live, graphic live broadcast or a combination of multiple live broadcasts through Internet sites, applications, mini programs, etc.
The “live marketing platform” mentioned in these Measures refers to various platforms that provide live broadcast services in online live broadcast marketing, including Internet live broadcast service platforms, Internet audio and video service platforms, e-commerce platforms, etc.
The operators of live broadcast rooms mentioned in these Measures refer to individuals, legal persons and other organizations that register accounts on the live broadcast marketing platform or use other network services such as self-built websites to open live broadcast rooms to engage in online live broadcast marketing activities.
The “live broadcast marketing personnel” mentioned in these Measures refer to individuals who directly carry out marketing to the general public in the online live broadcast marketing.
The “live-streaming marketing personnel service agency” mentioned in these Measures refers to the specialized agency that provides planning, operation, brokerage, and training for live-streaming marketers to engage in online live-streaming marketing activities.
Engaging in live webcast marketing activities is a market entity defined as "e-commerce platform operator" or "in-platform operator" stipulated in the "E-commerce Law of the People's Republic of China", and shall perform corresponding responsibilities and obligations in accordance with the law.
Article 3 Engaging in live webcast marketing activities shall abide by laws and regulations, follow public order and good customs, observe business ethics, adhere to correct orientation, promote socialist core values, and create a good online ecology.
Article 4 The national cybersecurity and informatization department and the State Council’s public security, commerce, culture and tourism, taxation, market supervision and management, radio and television and other relevant competent departments shall establish and improve the working mechanism of clue transfer, information sharing, consultation and judgment, education and training, etc., according to their respective duties Do a good job in the supervision and management of webcast marketing.
The relevant competent departments of the local people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in the supervision and management of webcast marketing within their respective administrative areas.
Chapter 2 Live Marketing Platform
Article 5 The live broadcast marketing platform shall perform filing procedures in accordance with laws and regulations, and conduct safety assessments in accordance with relevant regulations.
If you need to obtain relevant administrative licenses in accordance with the law to engage in online live broadcast marketing activities, the administrative licenses shall be obtained in accordance with the law.
Article 6 The live broadcast marketing platform shall establish and complete mechanisms and measures for account and live broadcast marketing function registration and cancellation, information security management, marketing behavior specifications, protection of minors, protection of consumer rights and interests, personal information protection, network and data security management.
The live broadcast marketing platform shall be equipped with live content management professionals commensurate with the scale of the service, and have the technical ability to maintain the security of Internet live content, and the technical solutions shall comply with relevant national standards.
Article 7 The live broadcast marketing platform shall formulate and publish network live broadcast marketing management rules and platform conventions in accordance with relevant laws and regulations and relevant national regulations.
The live broadcast marketing platform shall sign agreements with live broadcast marketing personnel service agencies and live room operators, requiring them to regulate the recruitment, training, and management procedures of live broadcast marketing personnel, and fulfill their obligation to review the authenticity and legality of live broadcast marketing content, products and services.
The live broadcast marketing platform shall develop a negative catalog of live broadcast marketing products and services, specifying the categories of products and services that are prohibited from production and sales, online transactions, commercial promotion, and unsuitable for live marketing as required by laws and regulations.
Article 8 The live broadcast marketing platform shall verify the real identity information based on ID card information, unified social credit code, etc., for live broadcast room operators and live marketers, and submit identity information and other tax-related information to taxation authorities in accordance with laws and regulations.
The live broadcast marketing platform shall take necessary measures to ensure the security of the personal information processed.
The live broadcast marketing platform shall establish a dynamic verification mechanism for the real identity of live marketers, verify all the identity information of live marketers before the live broadcast, and shall not provide live broadcast publishing services for those that do not match the real identity information or are not allowed to engage in webcast publishing in accordance with relevant national regulations. .
Article 9 The live broadcast marketing platform shall strengthen the management of the content of the live broadcast marketing information, conduct information release review and real-time inspections, and shall immediately take measures to deal with illegal and bad information found, keep relevant records, and report to the relevant competent authority.
The live broadcast marketing platform shall strengthen the information security management of the link, QR code and other jump services in the live broadcast room to prevent information security risks.
Article 10 The live broadcast marketing platform shall establish a sound risk identification model, and adopt measures such as pop-up prompts, violation warnings, restriction of traffic, and suspension of live broadcasts for high-risk marketing activities suspected of violations of laws and regulations.
The live marketing platform should alert users to the risks of private transactions outside the platform in a prominent way.
Article 11 The live broadcast marketing platform provides services such as paid diversion, publicity and promotion of live web marketing, and constitutes a commercial advertisement, it shall perform the responsibilities and obligations of the advertisement publisher or advertisement operator.
The live broadcast marketing platform shall not provide help or convenience for the false or misleading commercial propaganda of live broadcast room operators and live broadcast marketers.
Article 12 The live broadcast marketing platform shall establish a sound protection mechanism for minors, and pay attention to protecting the physical and mental health of minors.
If the web live broadcast marketing contains content that may affect the physical and mental health of minors, the live broadcast marketing platform shall make notices in a prominent way before the information is displayed.
Article 13 The live broadcast marketing platform shall strengthen the online and use management of new technologies, new applications and new functions. Those who use artificial intelligence, digital vision, virtual reality, speech synthesis and other technologies to display virtual images to engage in online live marketing shall be conducted in accordance with relevant regulations. Safety assessment and identification in a conspicuous manner.
Article 14 The live broadcast marketing platform shall establish a hierarchical management system based on the account compliance status, attention and visits, transaction volume and amount and other indicator dimensions of the operator of the live broadcast room, determine the service scope and functions according to the level, and operate the key live broadcast rooms. The author takes measures such as arranging special personnel for real-time inspections and extending the storage time of live content.
The live broadcast marketing platform shall, as appropriate, take warning reminders, restrict functions, suspend publishing, cancel accounts, prohibit re-registration, etc., for the accounts of live broadcast room operators that violate laws, regulations and service agreements, keep records and report to relevant competent authorities.
The live broadcast marketing platform shall establish a blacklist system to blacklist live broadcast marketing personnel who have seriously violated laws and regulations and those who have caused bad social impacts due to violations of laws and ethics, and report to relevant competent authorities.
Article 15 The live broadcast marketing platform shall establish a sound complaint and report mechanism, clarify the handling process and feedback period, and promptly handle complaints and reports from the public on illegal information content and marketing behaviors.
Consumers jump to other platforms to purchase goods or receive services through links in the live broadcast room, QR codes, etc. When a dispute arises, the relevant live broadcast marketing platform shall actively assist consumers in safeguarding their legal rights and provide necessary evidence and other support.
Article 16 The live broadcast marketing platform shall prompt the operator of the live broadcast room to handle market entity registration or tax registration in accordance with the law, declare income truthfully, perform tax obligations in accordance with the law, and enjoy tax preferences in accordance with the law.
The live broadcast marketing platform and live broadcast marketing staff service agencies shall perform the withholding and payment obligations in accordance with the law.
Chapter 3 Live Room Operators and Live Broadcast Marketers
Article 17: Live broadcast marketers or live room operators who are natural persons shall be at least 16 years old; minors over the age of 16 who apply to become live broadcast marketers or live room operators shall obtain the consent of their guardians.
Article 18 Live broadcast room operators and live broadcast marketers shall abide by laws and regulations and relevant national regulations when engaging in live broadcast marketing activities, follow public order and good customs, and publish information about goods or services truthfully, accurately and comprehensively, and must not engage in the following behaviors:
(1) Violating the provisions of Articles 6 and 7 of the "Regulations on the Ecological Governance of Network Information Content";
(2) Publishing false or misleading information to deceive or mislead users;
(3) Marketing counterfeit and shoddy goods, infringing intellectual property rights, or not meeting the requirements for protecting personal and property safety;
(4) Falsifying or falsifying data traffic such as transactions, attention, page views, and likes;
(5) Knowing or ought to know that others have illegal or high-risk behaviors, and still promote and drain them;
(6) Harassing, slandering, insulting and intimidating others, infringing on the lawful rights and interests of others;
(7) MLM, fraud, gambling, sales of contraband and controlled items, etc.;
(8) Other violations of national laws, regulations and relevant regulations.
Article 19 If the live broadcast content released by live broadcast room operators and live broadcast marketers constitutes a commercial advertisement, they shall perform the responsibilities and obligations of the advertisement publisher, advertising operator or advertising spokesperson.
Article 20 Live broadcast marketing personnel shall not engage in live broadcast marketing activities in places that involve national security, public safety, or affect others and the normal order of production and life of the society.
Live broadcast room operators and live broadcast marketers should strengthen the management of the live broadcast room, and the following key links should be set up in compliance with laws, regulations and relevant national regulations, and must not contain illegal or unhealthy information, and must not mislead users with hints or other methods:
(1) The account name, profile picture and profile of the operator of the live broadcast room;
(2) Title and cover of the live broadcast room;
(3) The setting, props and merchandise display in the live broadcast room;
(4) The dress and image of live broadcast marketing personnel;
(5) Other key links that easily attract users' attention.
Article 21. Live broadcast room operators and live broadcast marketers shall, in accordance with the platform service agreement, do a good job in real-time management of interactive content such as voice and video connections, comments, and bullet screens, and shall not deceive or mislead by deleting or shielding relevant unfavorable reviews. user.
Article 22 The operator of the live broadcast room shall verify the identity, address, contact information, administrative license, credit status and other information of the supplier of goods and services, and keep relevant records for future reference.
Article 23 Operators of live broadcast rooms and live broadcast marketers shall perform consumer rights protection responsibilities and obligations in accordance with laws and regulations, and shall not deliberately delay or refuse legitimate and reasonable requests made by consumers without justified reasons.
Article 24: Operators of live broadcast rooms, live broadcast marketers, and live broadcast marketers service agencies should sign a written agreement with live broadcast marketers service agencies to clarify information security management, product quality review, consumer rights protection, etc. Obligations and supervise the fulfillment.
Article 25. Live broadcast room operators and live broadcast marketers who use other people’s portraits as virtual images to engage in online live broadcast marketing activities shall obtain the consent of the portrait right holder, and shall not infringe others’ portrait rights by means of information technology forgery.
For the protection of the voice of natural persons, refer to the aforementioned regulations.
Chapter IV Supervision and Administration and Legal Liabilities
Article 26: Relevant departments shall conduct supervision and inspection on the performance of the main responsibility of the live marketing platform as needed, and conduct special inspections on the platforms with problems.
The live broadcast marketing platform shall cooperate with the supervision and inspection carried out by relevant departments in accordance with the law, and shall not refuse or obstruct.
The live marketing platform shall provide technical support and assistance to relevant departments for investigation and investigation activities in accordance with the law.
Article 27: Relevant departments shall strengthen the guidance of industry associations and chambers of commerce, encourage the establishment and improvement of industry standards, carry out propaganda of laws and regulations, and promote industry self-discipline.
Article 28. Anyone who violates these Measures and causes damage to others shall bear civil liability in accordance with law; if a crime is constituted, criminal liability shall be investigated in accordance with law; if a crime is not constituted, relevant authorities such as cyberspace and communications shall be responsible in accordance with their respective duties in accordance with relevant laws and regulations. deal with.
Article 29 Relevant departments shall implement information sharing on the list of live marketing market entities that have seriously violated laws and regulations, and carry out joint punishments in accordance with the law.
Chapter 5 Supplementary Provisions
Article 30 These Measures shall come into force on May 25, 2021.