[Economic Observation] Seven departments "set the rules", and the live streaming industry welcomes the big exam

  On April 23, 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 Webcast Marketing (Trial)" (Hereinafter referred to as the "Measures"), the various entities of "behind the stage" and "online and offline" elements of live webcast marketing are included in the scope of supervision.

The "Measures" will come into effect on May 25 this year.

  Webcast marketing is what people often say about live streaming.

As an emerging business model and Internet format, in recent years, live streaming has developed rapidly, and it has played an active role in promoting employment, expanding domestic demand, boosting the economy, and fighting poverty.

However, at the same time, the industry has also encountered problems such as the misconduct of live broadcast marketers' words and deeds, the use of minors to live broadcast for profit, the inadequate performance of the main responsibilities of the platform, false propaganda and data falsification, the frequent occurrence of counterfeit and inferior products, and the difficulty of consumer rights protection and evidence collection. Need to be regulated urgently.

  In order to standardize the development of the industry, many departments have frequently taken actions to rectify and standardize, and relevant industry associations have also formulated self-discipline standards. This has played a very positive role in curbing chaos in the industry.

However, experts pointed out that the current responsibilities for the anchor and the platform are still unclear, and inter-departmental supervision is required to regulate the delivery of live broadcasts.

  The relevant person in charge of the State Cyberspace Administration of China pointed out that the "Measures" introduced this time are aimed at the "people, goods, and venues" in the live delivery of goods, and include various subjects "before and behind the stage" and various elements of "online and offline" into supervision. At the same time, it clarified the boundaries of the rights and responsibilities of the participating entities such as the live marketing platform, live room operators, and live broadcast marketers, further consolidating the responsibilities of all parties.

  For live marketing platforms, while gaining profits and traffic through live broadcasts, they also need to bear the corresponding platform governance responsibilities.

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 content and other preventive measures.

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.

  For live broadcast practitioners, the "Measures" propose 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 truthfully, accurately and comprehensively. Commodity or service 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 broadcast marketing venues, interactive content management, product service provider information verification, and consumer rights protection Responsibilities and clear requirements for the use of online virtual images.

  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.

For example, the live marketing platform should 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.

  In general, the new regulations introduced this time are both "strict" and "fine", which will bring positive guidance and regulation to the industry.

Regardless of whether it is a platform or an anchor, live broadcast activities should be conducted legally and compliantly, and must not touch the red line of the law or violate the legitimate rights and interests of consumers.

Otherwise, they will inevitably be punished accordingly.

Yang Zhaokui

Yang Zhaokui