Shulou(Shulou.com)11/24 Report--

Thank you, Mr. Air, a netizen of CTOnews.com, for your clue delivery! CTOnews.com, October 31, Hangzhou will compile a series of compliance guidelines for key industries in order to create a good business environment under the rule of law. According to the current compilation situation, the Hangzhou Bureau of Justice is now openly soliciting the opinions and suggestions of the "Compliance guidelines for Live E-commerce Industry (draft for soliciting opinions)" and "Compliance guidelines for Biopharmaceutical Industry (draft for soliciting opinions)".

According to the official "Compliance guidelines for Live E-commerce Industry", live e-commerce practitioners shall not require merchants to sign a "minimum price agreement" or take other agreements, decisions or collaborative actions that exclude or restrict competition, except those that do not constitute a monopoly agreement in accordance with the law.

The original text of "Compliance guidelines for Live E-commerce Industry (draft for soliciting opinions)" is attached to CTOnews.com. Here are some important excerpts:

Scope of application these guidelines apply to individuals, legal persons and other organizations that carry out webcast marketing activities in the region.

The webcast marketing activities referred to in these guidelines refer to commercial activities that promote, sell goods or provide services through Internet websites, applications, Mini Program, etc., in the form of video live broadcast, audio live broadcast, picture and text live broadcast, digital human live broadcast or the combination of multiple live broadcasts.

The term "live broadcast e-commerce practitioners" as mentioned in these guidelines, that is, studio operators, refers to individuals, legal persons and other organizations that register accounts on the live broadcast marketing platform or set up live broadcast rooms to engage in webcast marketing activities through other network services such as self-built websites.

The live broadcast marketing platform referred to in these guidelines refers to all kinds of platforms that provide network services in webcast marketing activities, including Internet live broadcast service platform, Internet audio and video service platform, e-commerce platform and so on.

The anchors referred to in these guidelines, that is, live marketing personnel, refer to individuals who carry out marketing directly to the public in webcast marketing activities.

The term "anchor service organization" as mentioned in these guidelines, that is, live broadcast marketing personnel service organization, refers to a specialized organization that provides planning, operation, brokerage and training for live broadcast marketing personnel engaged in webcast marketing activities.

The term "merchant" as mentioned in these guidelines, that is, the operator in the platform, refers to the e-commerce operator who sells goods or provides services through webcast marketing activities.

Key points of Compliance and risk Prevention Section 1 subject Compliance Article 5 [live e-commerce practitioners] ★

Live broadcast e-commerce practitioners, that is, studio operators, shall register as market entities in accordance with the law, obtain the following administrative license or record according to the actual webcast marketing activities, and publicize business information and administrative license or record information in accordance with the law:

(1) operating license for value-added telecommunications services

(2) only selling prepackaged food for the record and food business license

(3) qualification Certificate of Internet Drug Information Service

(4) filing of medical device business license

(5) other administrative licenses or records required by laws and regulations.

Live broadcast e-commerce practitioners should strictly control the quality of live broadcast products, strengthen the examination and control of live broadcast selections and selling points, and do a good job in live broadcast monitoring to avoid illegal and illegal acts of anchors in live broadcasting.

Direct broadcast e-commerce practitioners shall not require merchants to sign a "minimum price agreement" or take other agreements, decisions or cooperative acts that exclude or restrict competition, except where they do not constitute a monopoly agreement in accordance with the law.

Live e-commerce practitioners shall compete fairly, shall not violate the principle of good faith and business ethics, shall not engage in vicious competition by means of high salary poaching, fictional data, one-sided comparison, etc., and shall not obtain the trade secrets of the right holders by improper means, shall not seek trading opportunities or competitive advantages by means of commercial bribes such as property.

Live e-commerce practitioners are not allowed to cover up or conceal the funds derived from crimes committed by themselves or others by means of fictional transactions and gifts.

Live streaming e-commerce practitioners shall keep live videos in accordance with the law for not less than three years from the date of the end of the live broadcast.

Article 6 [VJ] ★★★★

If a natural person anchor shall be at least 16 years old, and a natural person over 16 years old but under 18 years old shall apply to become an anchor, the consent of the guardian shall be obtained. Foreign natural person anchors who come to China to carry out webcast marketing activities shall obtain employment permits and other relevant permits in accordance with the law. Natural person anchors shall, according to the actual situation, sign relevant contracts with live e-commerce practitioners and anchor service organizations to clarify the rights and obligations of all parties.

Natural person anchors engaged in medical and health, financial and financial, legal, educational and other activities requiring a high professional level of webcast marketing activities shall obtain corresponding professional qualifications, and shall be reported and examined in accordance with the requirements of relevant departments or live marketing platforms.

When using digital man anchors, live e-commerce practitioners should ensure that they have been fully authorized by the relevant right holders, sign relevant contracts with relevant subjects, clarify the rights and obligations of all parties, and add significant marks in the live broadcast room to avoid public confusion or misunderstanding. security assessment shall be carried out in accordance with the relevant provisions, and the procedures of algorithm filing, change and cancellation shall be carried out in accordance with the law.

Anchors should maintain a good sound screen image, performance, clothing, makeup, language, behavior, body movements and picture display should be civilized and decent, in line with the public aesthetic taste and appreciation habits.

Anchors shall not make use of functions such as reward and withdrawal to conceal or conceal the funds derived from crimes committed by themselves or others.

If the anchorman constitutes a live e-commerce practitioner at the same time, he shall perform the obligations of the live e-commerce practitioner.

Article 7 [VJ service organization] ★★★

The anchor service organization shall obtain the corresponding business subject qualification and administrative license in accordance with the law, sign the relevant contract with the main body of the webcast marketing activity, and clarify the rights and obligations of all parties.

The anchor service organization shall carry out the recruitment, training and management of anchors in accordance with the law, cultivate the professional literacy and legal knowledge of anchors, and control and supervise the quality of the webcast marketing activities of anchors.

If the live broadcast e-commerce practitioners constitute the anchor service organization at the same time, they shall perform the obligations of the anchor service organization.

Article 8 [Live Marketing platform] ★

The live broadcast marketing platform shall obtain and handle the following administrative licenses and administrative records according to the actual business content [24], formulate and publicize the management rules [25], and perform the management responsibilities of the platform in accordance with the law:

(1) filing of third-party platforms for online food trading

(2) filing of third-party platforms for medical device network trading services

(3) qualification Certificate of Internet Drug Information Service (operational)

(4) publication online trading platform for the record of operation

(5) license for operation of network culture

(6) license for the dissemination of audio-visual programs through the information network

(7) (trans-regional) operating license for value-added telecommunications services

(8) Registration Certificate of Market name

(9) other administrative licenses or records required by laws and regulations.

The LVB marketing platform shall keep the following information in accordance with the law:

(1) Live videos shall be preserved for not less than three years from the date of the end of the live broadcast

(2) Information on goods and services and transactions shall be kept for not less than three years from the date of completion of the transaction

(3) if a webcast marketing activity constitutes an advertisement, it shall also examine and register the true identity, address and effective contact information of the advertiser, establish advertising files and regularly check and update them, and record and keep the relevant electronic data of the advertising activity for a period of not less than three years from the date of the end of the advertising act.

(4) other information that should be preserved as prescribed by laws and regulations.

Live broadcast e-commerce practitioners who carry out live broadcast marketing activities through self-built websites shall bear the legal responsibilities and obligations of the live broadcast marketing platform.

Article 9 [merchant] ★

Merchants shall obtain corresponding business subject qualifications and administrative licenses in accordance with the law, perform legal responsibilities and obligations such as publicizing business information and administrative license information [37], ensuring the quality of goods or services, protecting consumers' rights and interests, issuing legal goods or service information, and not selling goods or services prohibited from being sold through the network, and sign relevant contracts with e-commerce live broadcast enterprises in time to clarify the rights and obligations of all parties.

Direct broadcast e-commerce practitioners who sell their own goods shall bear the responsibility of the merchants. If a business engages in webcast marketing activities on its own, it shall bear the responsibility of live e-commerce practitioners.

Section 2 Live account Compliance Article 10 [register live account according to law] ★★★

Live broadcast e-commerce practitioners shall register live broadcast accounts in accordance with the law and complete the authentication of relevant identity information, and shall not falsely register with the information of other natural persons, legal persons or other organizations.

The account information registered and used by non-natural person live e-commerce practitioners shall be consistent with the actual name and logo, and consistent with the actual organizational nature, business scope and type of industry to which they belong.

Article 11 [negative list of live account information] ★★★

The name, profile, profile, cover map, set, props and other key links of the live broadcast account shall comply with laws and regulations, and shall not contain the following illegal and harmful information explicitly or implicitly [40]:

(1) violating the provisions of the Constitution or laws and regulations

(2) endangering national security, divulging state secrets, subverting state power or undermining national unity

(3) harming the honor and interests of the state or the public interest

(4) inciting ethnic hatred and discrimination, distorting national history or historical figures, hurting national feelings, undermining national unity, or infringing upon national customs and habits

(5) those who sabotage the state's religious policy and promote cults and feudal superstitions

(6) spreading rumors, disturbing social order and undermining social stability

(7) spreading and promoting terrorism or extremism or inciting terrorist or extremist activities

(8) distorting, vilifying, desecrating or denying the deeds and spirits of heroic martyrs and infringing upon the names, portraits, reputations and honors of heroic martyrs by insulting, slandering or other means

(9) spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime

(10) insulting or slandering others and infringing upon the reputation, privacy and other legitimate rights and interests of others

(11) counterfeiting, counterfeiting or fabricating the names and logos of political parties, party, government and military organs, enterprises and institutions, people's organizations and social organizations, etc.

(12) counterfeiting, counterfeiting or fabricating the names and logos of countries (regions) and international organizations

(13) to counterfeit, counterfeit or fabricate the names and logos of news media such as news websites, newspapers and periodicals, radio and television organizations, news agencies, etc., or use names and logos with news attributes such as "news" and "reports" without authorization.

(14) the geographical names and marks of important spaces such as counterfeit, counterfeit or maliciously associated national administrative regions, institutional locations, landmark buildings, etc.

(15) for the purpose of harming public interests or seeking illegitimate interests, deliberately carry QR codes, web sites, mailboxes, contact information, etc., or use homophones, homophones, similar words, numbers, symbols and letters, etc.

(16) contain content that may lead to public deception or misunderstanding, such as misrepresentation or exaggeration.

(17) contain other contents prohibited by laws and regulations.

Section III Compliance with Commodities and Services

Article 12 [goods or services prohibited from marketing] ★

Live e-commerce practitioners are not allowed to promote the following goods or services in webcast marketing activities:

(1) Commodities that have been explicitly eliminated and stopped from sale by the State and those that have failed or deteriorated

(2) goods or services that do not meet the compulsory national standards for ensuring human health and personal and property safety

(3) Commodities without quality inspection certificate or without indicating the product name, factory name and address in Chinese, or commodities adulterated, adulterated, genuine or inferior, or substandard products passed off as qualified products

(4) goods or services that should be licensed, put on record or compulsory certification in accordance with the law but not obtained

(5) goods or services that infringe upon the intellectual property rights of others

(6) Food that does not comply with laws and regulations and food safety standards

(7) specific fully nutritious formula foods for special medical purposes that are prohibited from trading on the Internet

(8) Vaccines, blood products, narcotic drugs, psychotropic substances, medical toxic drugs, radiopharmaceuticals, pharmaceutical precursor chemicals and other drugs under special control of the state and other laws and regulations prohibit the sale of drugs on the Internet; commodities and services that are prohibited by prescription drugs, drug precursor chemicals, drugs, medical devices and treatment methods, etc.

(IX) Tobacco products (including e-cigarettes), commodities and services that claim to replace breast milk in whole or in part, such as baby dairy products, beverages and other foods, which are prohibited from advertising by laws and regulations.

(10) goods or services, such as health food, formula food for special medical purposes, pesticides, veterinary drugs, etc., which are subject to prior examination by advertising censorship agencies in accordance with the law (except those excluding advertisements)

(11) Wild animals and their products

(12) goods or services purchased by duty-free agents on outlying islands of Hainan

(XIII) goods or services that do not meet the requirements of environmental protection

(14) Education and training services involving the "double reduction" policy

(15) goods or services that harm national interests and social and public interests and run counter to public order and good customs

(16) other commodities and services that are prohibited by laws and regulations from selling, trading online or publicizing.

Article 13 [examination of Special qualifications] ★

For food, medicine, medical devices, veterinary drugs, publications, cosmetics, medical care, maternal and child health care, prepackaged food, health food, car rental and other commodities or services that require special administrative permission or filing in accordance with the law, live e-commerce practitioners shall examine the relevant documents in advance.

For health food, formula food for special medical purposes and infant formula milk powder, the product registration certificate or filing certificate and advertising examination and approval documents shall also be examined in accordance with the law.

For cross-border retail goods, they should also abide by the laws and regulations of national import and export administration and examine whether they belong to the categories listed in the list of imported goods of cross-border e-commerce retail published by the relevant state departments.

Article 14 [Review content and seal samples] ★★★★

Direct broadcast e-commerce practitioners shall examine in advance the product or packaging logo, origin, producer, performance, use, specifications, composition, price, expiration date, intellectual property status and other commodity and service information, as well as the advertising approval of special goods, and seal the samples.

Article 15 [examination of gifts] ★★★

Live broadcast e-commerce practitioners shall examine gifts according to the standards of ordinary commodities, and shall not use infringing or substandard products, commodities that have been explicitly eliminated and stopped selling by the state as prizes or gifts.

Section 4 Live Marketing Compliance

Article 16 [principles of Live Marketing] ★

Live broadcast e-commerce practitioners shall engage in live network marketing activities in accordance with the law, disclose commodity or service information comprehensively, truly and accurately [55], and adhere to correct guidance, in line with the requirements of the construction of socialist spiritual civilization and the promotion of excellent Chinese traditional culture, shall not contain the following contents:

(1) engaging in illegal and illegal activities by virtue of major activities of the party or the state

(2) cyber violence that promotes wasting food (mostly eating, overeating, etc.), inducing overconsumption, eye-catching, hype, showing off wealth, and wantonly publishing abuse, insult, rumor, slander, invasion of privacy and other information to others, or guide the contents of wrong values, outlook on life and morality

(3) contents of discrimination against nationality, race, nationality, region, religion, sex and occupation

(4) to parody, slander, distort or improperly demonstrate the excellent traditional Chinese culture, revolutionary culture and socialist spiritual civilization

(5) endangering the physical and mental health of minors, or harming the legitimate rights and interests of the elderly or people with disabilities

(6) other undesirable contents.

Article 17 [legally carry out live warm-up and publicity] ★★★

Live broadcast e-commerce practitioners shall carry out live warm-up and publicity in accordance with the law, and shall not publish content that contains false or misleading information, infringes upon other people's intellectual property or personality rights, contains Article 11, or other violations of laws and regulations.

Live e-commerce practitioners shall not send commercial information to consumers without their consent or request.

Article 18 [legal price] ★

Live e-commerce practitioners shall examine the prices of goods and services in accordance with the law, and shall not commit the following acts:

(1) the price of the goods or services marked on the home page or other prominent location of the goods or services is lower than the price marked on the details page

(2) failing to publicize the scope and rules of promotion activities, or the published scope and rules of promotion activities are not consistent with the reality, or do not significantly mark additional conditions, promotion duration and other restrictions that are not conducive to consumers

(3) price fraud based on price benchmarks such as falsely marked line prices

(4) other false or misleading price signs and price promotion activities.

Live e-commerce practitioners shall not abuse their independent pricing power by means of low-price dumping, price collusion, bid-up prices, price fraud and so on.

Article 19 [carrying out bonus sales in accordance with the law] ★

Prized sales refers to the act of providing bonuses, goods or other benefits to consumers for the purpose of selling goods or gaining competitive advantage. including lottery sales, lottery sales, games and other methods with chance or uncertainty to determine whether consumers win or not, and bonus sales that provide bonus, goods or other benefits to consumers who meet certain conditions. And in order to promote mobile clients, attract customers, increase awareness, obtain traffic, increase click-through rate, etc., incidentally provide goods, bonuses or other benefits.

When carrying out prize sales, live e-commerce practitioners shall clearly publish information such as prize category, participation conditions, participation mode, prize opening time, prize opening method, prize amount or prize price, prize name, prize type, prize quantity or probability of winning, prize redemption time, award conditions, award method, prize delivery method, conditions for abandoning the prize, organizer and its contact information, and shall not be changed or attached. The redemption of prizes shall not be affected, and archives shall be established to truthfully, accurately and completely record the rules for the establishment of prizes, publicity information, results of redemption, winners, etc., and properly preserve them for two years, and shall not violate other provisions of laws and regulations.

Article 20 [express gift information] ★★★

If there is a gift in the webcast marketing activity, the necessary information such as the variety, specification, quantity, time limit and method of the gift or service shall be clearly stated.

Article 21 [significantly prompting the tie-in sale of goods or services] ★★★

If there is a tie-in sale of goods or services, it shall be brought to the attention of consumers in a significant manner, and shall not be taken as the default option.

Article 22 [live broadcast commodities are consistent with goods sold] ★★★

The goods promoted and displayed in the live broadcast shall be consistent with the goods actually sold.

The commodity name, composition or ingredient list, origin, shelf life, storage conditions, producer name, address and other information involved in the live broadcast shall be consistent with their labels.

The commodity materials, testing reports, authorized or available materials involved in the live broadcast shall be true and valid, and the registration certificate, record certificate and other information shall be consistent with the registration or record information.

Article 23 [Special instructions on Food] ★★★

Food with special requirements for storage, transportation and consumption shall be explained and prompted during the live broadcast.

Article 24 [prohibition of illegal advertising] ★

If the live broadcast content released by live e-commerce practitioners, anchors, etc., constitutes a commercial advertisement, it shall perform the responsibilities and obligations of the advertising publisher, advertising operator or advertising spokesman. It shall not contain national symbols, images of state organs and functionaries, impair national dignity or interests, violate social customs, violate absolute language, damage the physical and mental health of minors and disabled persons, belittle the commodities or services of other producers and operators and other prohibited contents of laws and regulations, shall not publish false advertisements that deceive or mislead consumers with false or misleading contents.

Those who publish advertisements with special requirements such as food, cosmetics, financial investment, education and training, real estate, alcohol, crop seeds, etc., shall be examined strictly in accordance with the law.

Live e-commerce practitioners should ensure that the data, statistics, survey results, abstracts, quotations and other citations used in advertisements are true, accurate and indicate the source. If the citation content has the scope of application and the period of validity, it shall be clearly stated.

Where a patented product or method is involved, the direct broadcast e-commerce practitioner shall indicate the patent number and type of patent, and prohibit the use of patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising.

For advertisements for special goods or services that require administrative review, such as drugs, medical devices, health food, formula food for special medical purposes, veterinary drugs, etc., live e-commerce practitioners shall review the relevant documents in advance.

Live e-commerce practitioners should review the advertising content related to front-end advertisements in the links to goods or services and the next page in accordance with the law to ensure that there is no illegal content.

Article 25 [prohibition of unfair competition] ★

Live broadcast e-commerce practitioners engaged in webcast marketing activities shall comply with the provisions of the Anti-unfair Competition Law of the people's Republic of China, and shall not carry out the following acts:

(1) to damage the commercial reputation and commodity reputation of competitors by means of one-sided comparison

(2) to promote goods or services by means of false or misleading trade descriptions, commodity standards, physical samples, on-site instructions and demonstrations, etc.

(3) to induce consumers to spend irrationally by means of fictitious transactions, fictitious trading volume, fictitious inventory data, false comments, deletion or blocking of adverse comments, positive comments, etc.

(4) to mark the sale of goods or services with false "lowest prices", "preferential prices" or other deceptive prices

(5) to promote goods or services by means of false "prize sales"

(6) falsely claiming that commodities such as "processed products", "defective products" and "foreign products" are authentic

(7) exaggerating or concealing the quantity, quality, performance and other information of goods or services that are of great interest to consumers mislead consumers

(8) other acts of unfair competition that disrupt the order of market competition and harm the legitimate rights and interests of other business operators or consumers.

Live e-commerce practitioners shall not take any form to fabricate or tamper with data flows such as transactions, attention, pageviews, likes, etc., and shall not fraudulently obtain merchants' commissions by means of false purchases and return afterwards.

Article 26 [responsibility to be cautious towards spokesmen] ★★★★

If the anchorman and other persons participating in the live broadcast recommend and certify the goods or services in their own name or image and constitute an advertising spokesman, they shall perform and bear the legal responsibilities and obligations of the advertising spokesman.

Live e-commerce practitioners are not allowed to use minors under the age of ten as advertising spokesmen.

Article 27 [standardize the behavior of anchors according to law] ★★★★

Live broadcast e-commerce practitioners should urge anchors to abide by laws and regulations, good public order and customs, and adhere to correct guidance when carrying out live broadcast marketing activities, and should publish goods or service information truthfully, accurately and comprehensively, without exaggerating without authorization, do a good job in the real-time management of interactive content such as voice and video connections, comments and on-screen comments, and shall not mislead consumers or harass, slander, abuse, intimidate or infringe upon the legitimate rights and interests of others. And take corresponding punishment measures.

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