Legislation & Policy

Translation: Online Live Marketing Management Measures

SIPS Knowledge, Legislation and Policy

Online Live Marketing Management Measures (for Trial Implementation)

Jointly issued by:

  • Cyberspace Administration of China.
  • The Ministry of Public Security of the People’s Republic of China.
  • Ministry of Commerce of the People’s Republic of China.
  • Ministry of Culture and Tourism of the People’s Republic of China.
  • State Taxation Administration.
  • State Administration for Market Regulation.
  • National Radio and Television Administration.
Chapter I – 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 Electronic Commerce Law of the People’s Republic of China , 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 – These Measures are applicable to marketing commercial activities carried out within the territory of the People’s Republic of China in the form of live video, live audio, live graphic broadcast or a combination of multiple live broadcasts through Internet sites, applications, WeChat mini programs, etc.

“Live marketing platforms” as mentioned in these Measures refers to various platforms that provide live broadcast services for online live broadcast marketing, including live online broadcast service platforms, online 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 live broadcast marketing platforms or use other network services, such as self-built websites, to open live broadcast rooms to engage in online live broadcast marketing activities.

“Live broadcast marketing personnel” mentioned in these Measures refers to individuals who directly carry out marketing to the general public in the course of online live broadcast marketing.

“Live-streaming marketing personnel service agency” mentioned in these Measures refers to the specialized agencies that provide 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 an “e-commerce platform operator” or “in-platform operator” as stipulated in the “E-commerce Law of the People’s Republic of China”, and which shall comply with corresponding responsibilities and obligations in accordance with the law.

Article 3 – When engaging in live webcast marketing activities, one shall abide by laws and regulations, follow public order and good customs, abide by business ethics, adhere to the correct orientation, promote socialist core values, and create a good network ecology.

Article 4 – The national cyberspace affairs 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 transfers, information sharing, consultation and adjudication, education and training, etc., according to their respective duties do a good job in the supervision and management of live webcast marketing.

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 supervision and management of webcast marketing within their respective administrative areas.

Chapter II – Live Marketing Platform

Article 5 – The live broadcast marketing platforms shall perform filing procedures in accordance with laws and regulations, and conduct safety assessments in accordance with relevant regulations.

If one needs to obtain relevant administrative licenses in accordance with the law to engage in online live marketing, they shall obtain such administrative licenses in accordance with the law.

Article 6 – Live broadcast marketing platforms shall establish and improve mechanisms and measures such as account number and live broadcast marketing function registration and cancellation, information security management, marketing behavior norms, protection of minors, protection of consumer rights and interests, personal information protection, network and data security management.

Live broadcast marketing platforms shall be supported with live content management professionals commensurate with the scale of the service and have the technical ability to maintain security with respect to Internet live content.  Technical solutions shall comply with relevant national standards.

Article 7 – Live broadcast marketing platforms shall formulate and publish network live broadcast marketing management rules and platform civilization convention in accordance with relevant laws and relevant national regulations.

Live broadcast marketing platforms shall sign agreements with live broadcast marketing personnel service agencies and live room operators, requiring them to regulate recruitment, training and management procedures for live broadcast marketing personnel, and fulfil their obligation to verify the authenticity and legality of live broadcast marketing content, products and services.

Live broadcast marketing platforms shall develop a negative list of live broadcast marketing products and services, specifying the categories of products and services that are prohibited from production and sale, online transactions, commercial promotion, and unsuitable for live marketing as required by laws and regulations.

Article 8 – Live broadcast marketing platforms shall authenticate the operators of live broadcast rooms and live broadcast marketers based on their real identity information such as ID card information and unified social credit codes and submit identity information and other tax-related information to tax authorities in accordance with laws and regulations. Live broadcast marketing platforms shall take necessary measures to ensure the security of the personal information processed.

Live broadcast marketing platforms shall establish a personnel dynamic identity verification mechanism, verify all the identity information of live marketers before live broadcasts, 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 management of the content of online live marketing information, conduct reviews of content release and real-time inspections, and shall immediately take measures to deal with illegal and bad content found, keep relevant records, and report to relevant competent authorities.

Live broadcast marketing platforms shall strengthen information security management of links, QR codes and other jump services in live broadcast rooms to prevent information security risks.

Article 10 – Live broadcast marketing platforms shall establish and improve risk identification models, and take measures such as pop-up prompts, violation warnings, restriction of traffic, and suspension of live broadcasts for high-risk marketing activities suspected of violating laws and regulations. Live marketing platforms should alert users to the risks of private transactions outside the platform in a prominent way.

Article 11 – Live broadcast marketing platforms that provide services such as paid referral traffic, publicizing and promoting of live web marketing constitute a commercial advertisement and shall perform the responsibilities and obligations of publishers of advertisements or advertising operators.

Live broadcast marketing platforms shall not provide help or conveniences with respect to false or misleading commercial publicity by live broadcast room operators and live broadcast marketers.

Article 12 – Live broadcast marketing platforms shall establish a sound protection mechanism for minors and pay attention to protecting the physical and mental health of minors. If live web broadcast marketing contains content that may affect the physical and mental health of minors, such live broadcast marketing platforms shall make a prompt in a prominent way before the information is displayed.

Article 13 – Live broadcast marketing platforms shall strengthen the launch and use management of new technologies, new applications and new functions. and shall conduct security assessment in accordance with relevant regulations for those virtual images displayed by artificial intelligence, digital vision, virtual reality, voice synthesis and other technologies engaged in live broadcast marketing and shall identify them in a prominent way.

Article 14 – Live broadcast marketing platforms shall establish a hierarchical management system based on account compliance status, subscriptions and visits, transaction volume and the amount and other dimensional indicators, determine the service scope and function according to the level, and take measures such as arranging special personnel for real-time inspection and extending the live broadcast content storage time for the key live broadcast operators.

Live broadcast marketing platforms shall, as appropriate, make warning reminders, restrict functions, suspend publishing, cancel accounts, prohibit re-registration, etc., for accounts of live broadcast room operators that violate laws, regulations, and service agreements, keep records and report such violations to the relevant competent authorities.

Live broadcast marketing platforms 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 – Live broadcast marketing platforms 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 activities.

In cases where disputes arise in situations where consumers jump to other platforms to purchase goods or receive services through links in the live broadcast room, QR codes, etc., relevant live broadcast marketing platforms shall actively assist consumers in safeguarding their legal rights and provide necessary evidence and other support.

Article 16 – Live broadcast marketing platforms shall remind the operator of live broadcast rooms 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. Live broadcast marketing platforms and live broadcast marketing staff service agencies shall perform withholding and payment obligations in accordance with the law.

Chapter III – Live Room Operators and Live Broadcast Marketers

Article 17 –  If a live broadcast marketer or operator of a live broadcast room is a natural person, he or she shall be at least 16 years old; a minor over the age of 16 who applies to become a live broadcast marketer or operator of a live broadcast room shall obtain the consent of his guardian.

Article 18 – Live broadcast room operators and live broadcast marketers shall abide by laws and regulations and relevant state regulations when engaging in live broadcast marketing activities, follow social public order and good customs, and publish product or service information truthfully, accurately and comprehensively, and must not perform the following behaviors:

  1. Violating the provisions of Article 6 and Article 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 of protecting personal and property safety;
  4. Falsifying or altering data traffic such as transactions, attention, page views, and likes;
  5. Continuing to promote and provide referral traffic service, despite knowing or having reason to know of the illegal or high-risk behavior of others;
  6. Harassing, slandering, insulting and intimidating others, or infringing on the lawful rights and interests of others;
  7. Engaging in MLM, fraud, gambling, sales of contraband and controlled items, etc.;
  8. Other violations of national laws and relevant regulations.

Article 19 – Where live broadcast content released by live broadcast room operators and live broadcast marketers constitute commercial advertisements, they shall perform the responsibilities and obligations of advertising publishers, advertising business operators or advertising spokespersons.

Article 20 – Live broadcast marketing personnel shall not engage in online live broadcast marketing activities in places that involve national security, public safety, affect others, and the normal order of production and life in society.

Live broadcast room operators and live broadcast marketers should strengthen management of live broadcast rooms, and the following key links should be established 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. The title and cover of the live broadcast room;
  3. The setting, props, and merchandise display in the live broadcast room;
  4. Dress and image of live broadcast marketing personnel;
  5. Other key links that are easy to attract users’ attention.

Article 21 – Live broadcast room operators and live broadcast marketers shall, in accordance with platform service agreements, 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 user reviews.

Article 22 – The operators of the live broadcast room shall verify the identity, address, contact information, administrative licenses, credit status and other information of the suppliers of goods and services, and keep relevant records for future reference.

Article 23 – Operators of live broadcast rooms and live broadcast marketers shall comply with 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 written agreements with live broadcast marketers service agencies to clarify information security management, product quality reviews, consumer rights protection, etc.  and supervise the implementation.

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 forgery by means of information technology. Regarding the protection of the voices of natural persons, refer to the aforementioned regulations.

Chapter IV – Supervision and Administration and Legal Responsibilities

Article 26 – Relevant departments shall conduct supervision and inspection of the performance of the main responsibility of live marketing platforms as needed and conduct special inspections on platforms with problems.

The live broadcast marketing platforms shall cooperate with supervision and inspections carried out by relevant [government] departments in accordance with the law and shall not refuse or obstruct the same. 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 publicization 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 the law; if a crime is not constituted, relevant competent authorities such as cyberspace affairs department and other relevant departments shall be responsible for handling in accordance with relevant laws and regulations.

Article 29 – Relevant departments shall implement information sharing regarding the list of live marketing market entities that have seriously violated laws and regulations and conduct joint punishment in accordance with the law.

Chapter V – Supplementary Provisions

Article 30 – These Measures shall enter into effect on May 25, 2021.

Original in Chinese available at: http://www.cac.gov.cn/2021-04/22/c_1620670982794847.htm

Translation SIPS 2021