Seven departments of the State have recently issued together the Trial Measures on Management of Internet Live Marketing, stating eight kinds of prohibitions for the Internet market environment. It’s regulated in the Measures that the live publishers of live marketing activities shall be specifically divided into operators and salesmen, the performers shall be over 16-year-old, live marketing shall not publish false or misleading information, and shall not deceive or mislead users.
Live marketing platforms shall take measures as warning, limiting function, suspending release, cancelling account and prohibiting re-registration to the account of the live operator who violates the laws, regulations and service agreement. Live salesmen who seriously breaks the law or regulation and those who causes bad social impact due to illegal and immoral shall be posted on the blacklist.
Live marketing platforms shall establish and further improve the mechanisms and measures on account registration and cancellation, information security management, marketing conduct regulation, protection of minors, protection of consumer rights and interests, protection of personal information and also network and data security management.
There are some innovative methods for the confirmation for entity responsibility of platforms. First, platforms are required to take preventive measures in advance as arranging real-time inspection by special personnel and prolonging the storage time for live marketing content targeting to the key live rooms with large number of fans and large transaction amount. Second is to pay attention to the current warning, require the platforms to establish the risk identification model, and take the control measures such as pop-up hint, prominent mark, limitation of function and flow to the behavior of high risk and the behavior which may affect the physical and mental health of minors. Third is for the punishment, live platforms are required to take measures for the illegal actions as cutting the live, closing account, blacklist and joint punishment.
Multiple key chains for management are listed in the Measures, such as advertisement related to live marketing activity, location and site for live marketing, interactive content management, information verification of commodity service providers, protection responsibility for consumer rights and interests, and use of virtual online images.
Also, if the operator of the live room and the live salesman enters a commercial cooperation with the service organization for live marketing, they shall sign a written agreement and clarify the obligations of information security management, commodity quality audit and consumer rights and interests protection, and then urge the implementation of those obligations.
The Measures would be effective on the date of May 25th, 2021.
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Mr. Mike Chang (Partner)