The person in charge of the National Internet Information Office answered reporters' questions on the "Administrative Measures for Online Live Marketing (Trial)"
Recently, seven departments including the State Internet Information Office, the Ministry of Public Security, the Ministry of Commerce, the Ministry of Culture and Tourism, the State Administration of Taxation, the State Administration for Market Regulation, and the State Administration of Radio and Television jointly issued the "Administrative Measures for Online Live Marketing (Trial)" (hereinafter referred to as "Method").
Relevant persons in charge of the National Internet Information Office answered reporters' questions on the "Measures".
1. Question: Please introduce the background of the formulation and promulgation of the "Measures"?
Answer: Webcast marketing, also known as live streaming, as an emerging business model and Internet business, has developed rapidly in recent years and has played an active role in promoting employment, expanding domestic demand, boosting the economy, and fighting poverty. However, at the same time, problems such as misconduct of live broadcast marketers' words and deeds, the use of minors to live broadcast for profit, the inadequate performance of the main responsibility of the platform, false propaganda and data fraud, frequent counterfeit and inferior products, and difficulty in obtaining evidence for consumer rights protection have arisen from the people. The response is strong, and it is necessary to promptly promulgate corresponding system norms.
As an important administrative normative document for the implementation of the Cyber Security Law, the Electronic Commerce Law, the Advertising Law, the Anti-Unfair Competition Law, and the Regulations on the Ecological Governance of Network Information Content, it is important for regulating the order of the online market and maintaining The legitimate rights and interests of the people, promoting the healthy and orderly development of new business formats, and creating a clear cyberspace are of great practical significance.
2. Question: What is the idea of formulating the "Measures"?
Answer: The "Measures" insist on combining current and long-term perspectives, promoting development and standardized management, and combining inheritance and innovation, and fully considering the development trend of webcast marketing, industry reality, and the characteristics of various participating entities. The idea of comprehensive coverage and classified supervision, on the one hand, is aimed at the "people, goods, and field" in live webcast marketing, including various entities "behind the stage" and various elements of "online and offline" into the scope of supervision. Refine the boundaries of the rights and responsibilities of the participating entities such as live broadcast marketing platforms, live room operators, live broadcast marketers, and live broadcast marketer service agencies, and further consolidate the responsibilities of all parties.
3. Question: What clear requirements does the "Measures" put forward on live marketing platforms?
Answer: The "Measures" clarify that the live marketing platform should establish and improve the account and live marketing function registration and cancellation, information security management, marketing behavior norms, minor protection, consumer rights protection, personal information protection, network and data security management and other mechanisms, Measures.
The “Measures” emphasizes that platforms should conduct security assessments, perform filing procedures, obtain relevant administrative licenses, have the technical ability to maintain the security of live content, and the management ability to formulate platform rules and conventions in accordance with laws and regulations, and require platforms to develop negative catalogs of live marketing products and services. Authenticate and verify the real identity information of live broadcast room operators and live broadcast marketers, strengthen the management, review and real-time inspection of web live marketing information, take management measures for suspected violations of high-risk marketing activities, and provide services such as paid diversion. Corresponding platform responsibilities, establish and improve the protection mechanism for minors, strengthen the online and use management of new technologies, new applications and new functions, establish a hierarchical management system and blacklist system for operator accounts in live broadcast rooms, and establish a sound complaint and reporting mechanism.
In addition, the "Measures" also put forward detailed requirements for platforms to assist consumers in safeguarding their rights and assisting in paying taxes according to law.
The "Measures" have made innovations in compacting the main responsibility of the platform: First, precautions are proposed, requiring the platform to arrange for special personnel to conduct real-time inspections of key live broadcast rooms with a large number of fans and large transaction amounts, and to extend the storage time of live broadcast content.
The second is to pay attention to warnings during the event, requiring the platform to establish a risk identification model, and to take control measures such as pop-up prompts, prominent signs, and function and traffic restrictions for behaviors that are relatively risky and may affect the physical and mental health of minors.
The third is to emphasize post-mortem punishment, requiring the platform to take measures such as blocking live broadcasts, closing accounts, blacklisting, and joint disciplinary actions against violations of laws and regulations.
4. Question: What are the clear requirements for live broadcast room operators and live broadcast marketers in the "Measures"?
Answer: The “Measures” states that if live broadcast marketers and live broadcast room operators are natural persons, they should be at least 16 years old, and the live broadcast room operators and live broadcast marketers are required to abide by laws and regulations, public order and good customs, and publish products or services truthfully, accurately and comprehensively. Information, clarify the 8 red lines of live marketing behavior, highlight the management of 5 key links in the live broadcast room, comply with the relevant advertising regulations of live broadcast marketing activities, live marketing venues, interactive content management, product service provider information verification, consumer rights protection responsibility, network Make clear requirements for the use of virtual images.
The "Measures" also require that live broadcast room operators, live broadcast marketers, and live broadcast marketer service agencies should sign a written agreement with the live broadcast marketer service agency to clarify information security management, product quality review, consumer rights protection, etc. Obligations and supervise the implementation
5. Question: What measures does the "Measures" propose to protect the legitimate rights and interests of consumers?
Answer: In response to the protection of consumers' rights and interests, which are widely concerned by public opinion, the Measures have been strengthened in many ways.
The live marketing platform shall promptly handle complaints and reports of illegal information content and marketing behavior from the public.
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.
Live broadcast room operators 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.
6. Question: In order to better carry out supervision and management, what responsibilities of relevant departments are specified in the "Measures"?
Answer: The "Measures" propose that the seven national departments shall establish and improve the working mechanisms of lead transfer, information sharing, consultation and judgment, education and training, strengthen the guidance of industry associations and chambers of commerce, and implement information sharing on the list of live marketing market entities that have seriously violated laws and regulations. , To carry out joint punishments in accordance with the law.
At the same time, the "Measures" perfected the systemic provisions for the convergence of civil, administrative and criminal legal responsibilities.
Violation of these Measures and causing damage to others shall be subject to 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 competent authorities such as Internet Information Technology shall deal with it in accordance with relevant laws and regulations in accordance with their respective duties.