release time:2021/5/28
The Measures for the Administration of Online Live Broadcast Marketing (Trial), jointly issued by the Cyberspace Administration of China, 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, came into effect on May 25.
The 47th Statistical Report on Internet Development in China shows that as of December 2020, the number of online live broadcast users in China has reached 617 million, an increase of 57.03 million compared with March 2020. However, at the same time, there are frequent problems such as improper words and deeds of live broadcast marketers, profiting from live broadcast of minors, incomplete fulfillment of the platform's main responsibility, false publicity and data fraud, and difficulties in obtaining evidence for consumer rights protection.
"The Measures stipulate the requirements of live broadcast marketing platforms, broadcast room operators and live broadcast marketing personnel, as well as the supervision, management and legal responsibilities. It also puts forward many requirements for live broadcast platforms in safeguarding the legitimate rights and interests of consumers. In general, to live with goods industry clear red line." Han Kun law firm lawyer Chang Jie said in an interview with the "China Trade News".
The Measures make innovations in the main responsibility of the compaction platform. Chang Jie said, "the method" requires the platform to the number of fans, large transaction amount of the key broadcast room to take real-time inspection, to extend the preservation time of live content and other precautionary measures; The risk identification model is established, and the regulation measures such as pop-up prompt, prominent mark, function and flow restriction are adopted for behaviors with high risk and may affect the physical and mental health of minors. Measures such as blocking live streaming, closing accounts, blacklisting and joint punishment will be taken to deal with violations of laws and regulations.
At the same time, the broadcast room operators and broadcast marketing personnel also put forward clear requirements. Chang Jie said, marketers and live studio operators as a natural person, shall be at least 16 years old, live studio operators, marketers disgraceful consideration shall abide by the laws, regulations and, true, accurate and comprehensive release of goods or services information, clear live eight red line marketing behavior, prominent spans five key links of management, The broadcast room operators and live broadcast marketing personnel shall perform the duties and obligations of the advertisement publishers, advertising agents or advertising spokespersons if the live broadcast contents released constitute commercial advertisements. The Measures also set clear requirements for live marketing venues, interactive content management, information verification of commodity and service providers, responsibility for the protection of consumers' rights and interests, and the use of online virtual images.
In terms of protecting the legitimate rights and interests of consumers, the regulation states that live streaming marketing platforms should promptly deal with complaints and reports from the public about illegal information and marketing activities. If a consumer jumps to another platform to purchase commodities or receive services through links in the broadcast room or two-dimensional code, the relevant live broadcast marketing platform shall actively assist consumers to safeguard their legitimate rights and interests and provide necessary evidence and other support in case of a dispute. The broadcast room operators and live broadcast marketing personnel shall fulfill the responsibility and obligation to protect the rights and interests of consumers in accordance with the law and regulations, and shall not intentionally delay or refuse the legitimate and reasonable demands of consumers without justifying reasons.
Zhao Zhanzheng, a lawyer with Beijing Yunjia Law Firm, said the measures are not laws or administrative regulations, but normative documents, but also have mandatory binding force.
After the introduction of the method, the major platforms attach great importance to it. A person in charge of the related business of Douyin e-commerce said that the Douyin platform has further strengthened governance efforts and investment recently, and strengthened the authentication and verification of the identity of broadcast room operators. Before the regulation was promulgated, Douyin had already verified the real names of broadcast room operators and required them to be at least 18 years old, in order to effectively protect minors.
Kuaishou e-commerce operation director said that the current platform in the product function level, does not provide any broadcast room operators can tamper with the transaction, focus on data product functions. At the same time, the platform will also make use of the ability of risk control and identification of big data to identify and intercept the credit transactions organized offline by the operators of the broadcast room. "For example, we will find some obvious abnormal transactions such as address aggregation, we will identify them, and through data screening to identify whether it is the real offline organization's brushing behavior, if it is, we will carry out corresponding governance and stop such behavior."
An official from the Cyberspace Administration of China said the measures are of great practical significance to regulating the order of the online market, safeguarding the legitimate rights and interests of the people, promoting the healthy and orderly development of new forms of business, and creating a clean cyberspace.
Regarding the formulation of the Measures, a person in charge of the Cyberspace Administration of China said: "On the one hand, regarding the 'people, goods and market' in the online live broadcast marketing, all kinds of subjects in front of and behind the stage and all elements in the online and offline areas shall be included in the scope of supervision; On the other hand, it clearly specifies the rights and responsibilities of the participants, such as the live broadcast marketing platform, broadcast room operators, live broadcast marketers, and service agencies for live broadcast marketers, to further consolidate the main responsibilities of all parties."
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