2020 China Commerce and Media Shopping Committee’s “Basic Standards for Video Live Shopping Operations and Services” It standardizes the obligations of social media and video live shopping operators; establishes strict entry requirements for streamers; and clarifies and details regulations on consumer protection. China Advertising Association’s “Code of Conduct for Online Live Marketing” It outlines the rights, obligations, and responsibilities of merchants, streamers, platforms, and other participants in live-streaming e-commerce activities. The National Radio and Television Administration’s “Notice on Strengthening the Management of Online Showroom Live-streaming and E-commerce Live-streaming” It requires live-streaming e-commerce platforms to conduct qualification reviews and real-name verification for merchants and individuals conducting live-streaming sales, and to keep complete records of audits and certifications. | 2022 Cyberspace Administration of China and Three Other Departments’ “Opinions on Further Regulating Online Live-streaming Profit-making Behavior to Promote Healthy Industry Development” Online live-streaming publishers, service providers, and platforms should fully, truthfully, and accurately disclose product or service information, ensuring consumers’ right to know and choose. Clear and necessary warnings should be provided for important consumer safety-related information. National Radio and Television Administration’s “Code of Conduct for Online Live-Streaming” Organizations should establish mechanisms for streamer entry, training, daily management, and performance evaluations. Strengthen internal supervision of streamer rankings and “blacklist” and “redlist” systems for managing streamers.
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2021 State Administration for Market Regulation’s “Measures for the Supervision and Administration of Online Transactions” It clarifies the responsibilities of online transaction operators, such as “live-streaming sales” activities, and specifies the duties of online transaction platforms, as well as the obligations of operators on those platforms. Cyberspace Administration of China and Six Other Departments’ “Measures for the Administration of Online Live-streaming Marketing (Trial)” Live-streaming platforms must set up filing systems based on the classification of live-streaming rooms and streamers. Platforms must strengthen the management of streamers and staff involved in live-streaming marketing, ensuring that displayed product or service information complies with relevant laws and national regulations. Misleading consumers through means like fake views or other manipulations is strictly prohibited. | 2023 Shanghai Municipal Market Supervision Bureau’s “Compliance Guidelines for Online Live Streaming Marketing Activities (Revised Draft for Comments)” Live streaming room operators should, in accordance with platform rules and cooperation agreements, legally regulate the construction, content review, and violation handling of live streaming marketing activities. This includes not requiring platform operators to sign “lowest price agreements,” among other things. Hangzhou Municipal Bureau of Justice’s “Compliance Guidelines for the Live E-commerce Industry (Draft for Comments)” Live e-commerce practitioners who use digital human hosts must ensure that they have obtained full authorization from the relevant rights holders. They should sign relevant contracts with the relevant parties to clarify the rights and obligations of all parties, and prominently display clear labels in the live streaming room. |