Guiding Opinions on Strengthening the Regulation and Management of Livestreaming

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS –THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS. PAGES WITHOUT IMAGES ARE WORKS IN PROGRESS.

English中文(简体)

Source: http://www.cac.gov.cn/2021-02/09/c_1614442843753738.htm

近年来,网络直播以其内容和形式的直观性、即时性和互动性,在促进经济社会发展、丰富人民群众精神文化生活等方面发挥了重要作用。 随着移动互联网新技术新应用的迭代升级,网络直播行业进入了快速发展期,其媒体属性、社交属性、商业属性、娱乐属性日益凸显,深刻影响网络生态。 与此同时,网络直播行业存在的主体责任缺失、内容生态不良、主播良莠不齐、充值打赏失范、商业营销混乱、青少年权益遭受侵害等问题,严重制约网络直播行业健康发展,给意识形态安全、社会公共利益和公民合法权益带来挑战,必须高度重视、认真解决。 为切实加强网络直播行业正面引导和规范管理,保护广大网民合法权益,倡导行业加强网络文明建设,培育向上向善的网络文化,践行社会主义核心价值观,促进网络直播行业健康有序发展,经中央领导同志同意,现提出如下指导意见。

I. Clarify the overall requirements

全面贯彻党的十九大和十九届二中、三中、四中、五中全会精神,以习近平新时代中国特色社会主义思想为指导,坚持正确政治方向、舆论导向、价值取向,坚持依法办网、依法治网,准确把握网络直播行业特点规律和发展趋势,有效解决突出问题、难点问题、痛点问题,科学规范行业运行规则,构建良好产业生态,为广大网民特别是青少年营造积极健康、内容丰富、正能量充沛的网络直播空间。

II. Supervise the Implementation of Entity Responsibility

1Consolidate platforms' responsibility. 网络直播平台提供互联网直播信息服务,应当严格遵守法律法规和国家有关规定;严格履行网络直播平台法定职责义务,落实网络直播平台主体责任清单,对照网络直播行业主要问题清单建立健全和严格落实总编辑负责、内容审核、用户注册、跟帖评论、应急响应、技术安全、主播管理、培训考核、举报受理等内部管理制度。

2Clarify the legal responsibilities of hosts. Natural persons, organizations, and other bodies carrying out livestreaming activities on livestreaming platforms shall strictly implement real-name systems for registering accounts and regulate the names of user accounts. Livestream hosts carrying out livestreaming activities in accordance with laws and regulations must not engage in activity that endangers national security, undermines social stability, disrupts social order, infringes on the rights and interests of others, transmits obscene information, or is otherwise prohibited by laws and regulations; they must not public internet news information beyond the scope of their permits, must not accept funds for tipping from minors without the consent of their guardians; must not engage in transactions that violate laws and rules either within the platform or across platforms; must not organize or incite users to carry out online violence; and must not organize gambling, indirect gambling, or other illegal activities either online or offline.

3Strengthen the regulation of user behavior. When livestream users participate in live broadcast interactions, they shall strictly abide by laws and regulations, interact in a civilized manner, express themselves rationally, and spend reasonably; they must not publish or disseminate information in the livestream room that violates laws or rules; they must not organize or incite attacks and abuse against hosts or users; they must not use bots or organization "Water Armies" [troll/comment farms] to publish negative comments and malicious "watering"; and must not create negative interactive atmospheres such as flaunting wealth or vying for attention.

III. Ensure the Correct Orientation and Content Safety

4Increase Guidance for Mainstream Values. Livestreaming platforms shall persist in placing the public interest at the forefront, unifying the public interest and economic benefit, strengthening orientation awareness, forcefully advocating the Core Socialist Values, and vigorously supporting exceptional hosts, to expand the production and supply of exceptional content; cultivate the correct world view, values, and view of life in hosts, to effectively increase livestream platforms' emotional atmosphere of 'changing people through culture' and their cultural force.

5Effectively Preserve Netizens' Rights and Interests. Livestreaming platforms shall strictly comply with provisions on the protection of personal information, regulating the collection and lawful use of personal information such as users identities, geographic location, and contact methods; fully safeguarding users' lawful rights and interests such as the right to know, right to choose, and right to privacy; Guide and regulate users' reasonably spending, rational and rational tipping in accordance with laws and rules; and retain records such as images from livestreams, interactive communications, and adding value for tipping; increase force in the struggle against all types of conduct that infringe on netizens' rights and interests, to truly preserve order in the livestreaming industry.

6Strengthen Protections for Minors. Livestreaming platforms shall strictly prohibit minors under 16 years old from registering livestream host accounts, and shall obtain a guardian's consent when registering livestream host accounts for minors who are 16 years old but not yuet 18; a 'youth mode' that blocks livestreaming content that is adverse to minor's healthy development shall be provided for users who are minors to prevent their becoming addicted to livestreams, and minors must not be provided with tipping services; special service teams are to be established for minors, prioritizing and promptly handling complaints and disputes involving minors, and where minors pose as adults to give tips, give refunds after verifying the situation.

7Erect Solid Information Security Barriers. Livestreaming platforms shall establish and complete information security management systems, strictly implement responsibility for information content security, and have safe and controllable technological safeguards and preventive measures corresponding with innovation and development; and where new technologies, applications, or functions go on-line that are related to public sentiment or able to mobilize the public, security assessments should be strictly conducted; and where untrue information content created through technologies such as deep learning or virtual reality is broadcast, it shall be indicated in a conspicuous fashion.

8Strictly Punish Conduct that Violates Laws and Rules. 坚决打击利用网络直播颠覆国家政权、散播历史虚无主义、煽动宗教极端主义、宣扬民族分裂思想、教唆暴力恐怖等违法犯罪活动;严厉查处淫秽色情、造谣诽谤、赌博诈骗、侵权盗版、侵犯公民个人信息等违法犯罪行为;全面清理低俗庸俗、封建迷信、打“擦边球”等违法和不良信息。

IV. Establish and Complete Systemic Norms

9Strengthen Management of Entry and Filings. 开展经营性网络表演活动的直播平台须持有《网络文化经营许可证》并进行ICP备案;开展网络视听节目服务的直播平台须持有《信息网络传播视听节目许可证》(或在全国网络视听平台信息登记管理系统中完成登记)并进行ICP备案;开展互联网新闻信息服务的直播平台须持有《互联网新闻信息服务许可证》。 网络直播平台应当及时向属地网信等主管部门履行企业备案手续,停止提供直播服务的平台应当及时注销备案。

10Build industry institutions and systems. Livestreaming platforms shall establish, complete, and strictly implement corresponding management systems. Establish a standardized management system for the classification and ranking of livestream accounts, and implement classified and hierarchical management of hosts' accounts based on factors such as their attributes, operational content, number of fans, and livestream popularity; reasonable limits shall be established for different types and levels of online host accounts in terms of the number of rewards that can be received per broadcast, the popularity of the livestream, the length of the livestream, the time between livestreams, and so forth; and make necessary warnings for hosts that violate laws and rules. Establish management rules for tipping services, clarifying that tipping services provided to users by the platform are an information and entertainment consumer service, and the price of virtual products or individual tips shall be reasonably limited, users whose total daily tip value passes a certain threshold are to receive spending alerts, and when necessary impose cooling periods for tipping and delay transfer periods. Establish a management system for merchandise tied-in to livestream, determining the levels of account that are qualified for sales on the basis of host account rankings, and determine the types of promotional goods and services in accordance with law.

V. Increase Capacity for Comprehensive Governance

11Establish and Improve Work Mechanisms. 各部门应当切实履行职能职责,依法依规加强对网络直播行业相关业务的监督管理。 网信部门要进一步强化网络直播行业管理的统筹协调和日常监管,建立健全部门协调联动长效机制,制定出台支持和促进网络直播行业健康发展、生态治理和规范管理的政策措施;“扫黄打非”部门要履行网上“扫黄打非”联席会议牵头单位职责,会同有关部门挂牌督办重特大案件;工业和信息化部门要严格落实网络接入实名制管理要求,强化ICP备案管理;公安部门要全面提升对网络直播犯罪行为实施全方位遏制打击力度;文化和旅游部门要加强网络表演行业管理和执法工作,指导相关行业组织加强网络表演行业自律;市场监管部门要加强网络直播营销领域的监督管理;广电部门要研究制定网络视听节目等管理规范及准入标准。

12Actively advocate for public oversight. Encourage broad participation in the governance of livestreaming from all parts of society and strengthen information exchanges and effective communication between livestreaming platforms, government, media, and the public, to build an atmosphere of positive public sentiment in livestreaming regulation and management. Livestreaming platforms shall conscientiously accept public oversight, effectively expand channels for making reports, simplify the reporting process, and promptly accept, address, and respond to public complaints and reports.

13Give Play to the Role of Industry Organizations. Online social organizations should actively play a role as a bridge and connection, vigorously calling for industry self-discipline, actively carrying out public interest activities, and participating in efforts to clean up the livestreaming envirionment and maintain a positive online ecology. Establish and complete livestreaming credit appraisal systems to create a positive atmosphere for the healthy development of the livestreaming industry.

About China Law Translate 1138 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*