"Measures for the Administration of Online Performance Operating Activities"

Title: Ministry of Culture Notification on the Issue of the "Measures for the Administration of Online Performance Operating Activities"
Promulgating Entities: Ministry of Culture
Reference number: Cultural Market Release (2016) No. 33
Promulgation Date: 2016-12-2
Expiration date: 
Source of text: http://www.mcprc.gov.cn/whzx/bnsjdt/whscs/201612/t20161212_464766.html

Ministry of Culture Notification on the Issue of the "Measures for the Administration of Online Performance Operating Activities"

Cultural Market Release (2016) No. 33

All provincial, autonomous region, or directly governed municipality's Departments of Culture (Bureaus); the Xinjiang Production and Construction Corps Bureau of Culture, Radio and Television; and administrative law enforcement teams for the Tibet autonomous region, Beijing, Tianjin, Shanghai, and Chongqing (comprehensive) law enforcement teams for cultural markets:

The Ministry of Culture has drafted the "Measures for the Administration of Online Performance Activity Operations" on the basis of the "Measures on the Administration of Internet Information Services", the "Temporary Provisions on the Administration of Internet Culture"", and other relevant laws and regulations, so as to truly strengthen the management of online performance activity operations, to regulate market order, and to promote the healthy and orderly development of online performance industry. They are hereby released to you for your earnest implementation.

Online performances are an important component of online culture. 各级文化行政部门和文化市场综合执法机构要加强对网络表演市场的管理和规范，主动引导网络文化经营单位依法依规开展经营活动，自觉提供内容健康、向上向善，有益于弘扬社会主义核心价值观的优秀网络表演，促进我国网络文化繁荣发展。

Notice is hereby given.

Ministry of Culture

12/2/2016

"Measures for the Administration of Online Performance Operating Activities"

Article 1: These Measures are drafted on the basis of the "Measures on the Administration of Internet Information Services", the "Temporary Provisions on the Administration of Internet Culture"", and other relevant laws and regulations, so as to truly strengthen the management of online performance activity operations, to regulate market order, and to promote the healthy and orderly development of online performance industry.

Article 2: "Online Performance" as used in these Measures, refers to internet cultural products which have activities such as live artistic or literary performances as their principle content and are either transmitted real-time or as audio-visual pieces through the internet, mobile communications networks, mobile internet, or other information networks.

"Online performance operating activities" refers to conduct of obtaining benefit through means of accepting fees, e-commerce, advertising, or sponsorship, to provide the public with online performance products and services.

Operating activities for demonstrations or commentary on online game skills, that are either transmitted real-time or as audio-visual pieces through the internet, mobile communications networks, mobile internet, or other information networks, may be administered with reference to these Measures.

Article 3: Engagement in online performance operating activities shall abide by the Constitution, relevant laws and regulations, persist in an orientation of serving the People and serving Socialism, persist in the progressive direction of advanced Socialist culture, conscientiously promote the core socialist values.

Article 4: Online performance operations units that engage in online performance operating activities shall apply to receive an "Online Cultural Operations Permit" from the provincial level cultural administration department in accordance with the "Temporary Provisions on the Administration of Internet Culture"; and the scope of operations on the permit shall clearly include online performances. Online performance operations units shall indicate their "Online Cultural Operations Permit" number in a conspicuous location on their website's homepage.

Article 5: Online performance operations units bear entity responsibility for online performance operating activities carried out by that unit, and shall follow the relevant requirements of the "Temporary Provisions on the Administration of Internet Culture" and Measures on Administration Online Cultural Operations Units' Internal Review of Content", to establish and complete systems for the review of content, allot reviewers sufficient for the needs of internal reviewing and receiving corresponding financial resources, and establish appropriate technological monitoring measures necessary for content management.

Online performance operations units that do not have the capacity for internal content review and real-time monitoring, must not open performance channels. Online performance works for which supervision measures have not been employed, or that have not had internal content reviews, must not be provided to the public.

Article 6: Online performances must not contain the following content：

（1） Content prohibited by article 16 of the "Temporary Provisions on the Administration of Internet Culture";

(2) performance methods that are frightening, cruel, violent, vulgar, or harmful to performers physical and mental health;

(3) using methods such as exploiting people's physical defects or exhibiting physical abnormalities to attract users.

(4) using means such as hidden cameras or secret recording to infringe upon the lawful rights and interests of others;

(5) performances such as those that abuse animals.

(6) carrying out demonstrations or explanations of online gaming skills using online gaming products that have not obtained a review and approval number or filing number from a cultural administration department.

Article 7: Online performance operations units shall strengthen protections for minors, and must not harm minors' physical or mental health. The rights of any minors participating in online performances must not be violated.

Article 8: Online performance operations units should strengthen management of online performers. Where performance channels are opened for performers, a contract should be signed with the performer, laying out the rights and obligations of both sides, and requiring commitment to respect the laws, regulations, and relevant management provisions.

Article 9: Online performance operations units shall require performers use valid identification documents to carry out real-name registration, and use methods such as meeting in person, recorded phone or video calls, for verification. Online performance operations units should strengthen protections for online performers' identity information.

Article 10: Where online performance operations units open performance channels for foreign performers, performers from the Hong Kong or Macao Special Administrative Regions, or performers from the Taiwan area (hereinafter "foreign performers"), and provide online performance works to the public, they shall apply to the Ministry of Culture before opening the online performance channel. Without approval, performance channels must not be opened for foreign performers. Where performance channels are opened for foreign performers, information on the performance channel shall be sent for filing to the Ministry of Culture within 10 days of performance activities being carries out by the performer.

Article 11: online performance operations units shall not information such as the operating units identifiers, within performance channels and also on audio-visual materials of performances. Online performance operations units shall employ targetted management measures for performance channels on the basis of performers credit level, the type of content in the performance, and so forth.

Article 12: Online performance operations units shall improve user registration systems, storing user registration information, and actively employing measures to protect users' information security. Measures for the supervision and restraint of user conduct should be strengthened in accordance with laws and regulations or service agreements, and where it is discovered that a user is publishing unlawful information, the provision of services to them is to be stopped immediately, records stored, and a report made to the relevant departments.

Article 13: Online performance operations units shall establish management systems for internal monitoring check and supervision, carrying out real-time supervision of online performances. Online performance operations units shall record the entirety of online performances audio-visual materials and store them appropriately, with the storage period to be at least 60 days, and provide them in response to inquiries from relevant departments.

online performance operations units shall strictly carry out internal review prior to uploading of non-real-time online performance audio and video (including those uploaded by users).

Article 14: Online performance operations units shall establish emergency response mechanisms. When it is discovered the online performances provided by that unit have content that violates laws or regulations, they shall immediately stop provision of services, store relevant records, and immediately make a report to the cultural administration department or comprehensive law enforcement organization for the cultural market of the province where the unit is registered or has actual operations.

Article 15: Before the end of the first month of each quarter, online performance operations units shall report to the Ministry of Culture on the previous quarter's internal review situation (including real-time monitoring, discovery and handling of problems, and information on performers providing content in violation of laws and regulations).

Article 16: Online performance operations units shall establish and complete reporting systems, actively accepting netizen and social supervision. Specialized staff should be allotted with responsibility for accepting reports, and internal joint mechanisms established for effectively handling reported issues. A button linking to the national cultural market reporting website "12318" should be set up in a conspicuous location on the website homepage and on performance channels.

Article 17: The Ministry of Culture is responsible for the supervision and management of the entire nation's online performance market, establishing a uniform online performance warning list and black list, and other credit supervision systems; formulating and releasing guidance on efforts to review online performances and other standards and regulation; organizing the implementation of efforts to carry out random sampling of the nation's online performance market; and conducting the final evaluation of the lawfulness of online content.

Article 18: All levels of cultural administration departments and cultural market comprehensive law enforcement organs should strengthen supervision during and after online performances, and emphasize implementation of the "double random, one public" [双随机一公开]. Cooperative law enforcement mechanisms for the cultural market should be fully utilized, strengthening guidance, service, and routine oversight of online performance operations units in the jurisdictional region, and formulating plans for random sampling work and a list of items to be randomly checked. County-level cultural administration departments or cultural market comprehensive law enforcement organs implement credit management systems such as warning lists and black lists, on the bases of investigations. They are to promptly publish investigation conclusions and actively accept societal oversight.

Article 19: Online performance industry associations, self-regulatory organizations, and so forth, should actively strengthen industry self-regulation, draft industry standards and operations regulations, carry out industry training, and promote enterprises' compliance with law in operations.

Article 20: Where online performance operations units violate the relevant provisions of article 4 of these Measures by engaging in online performance operating activities without applying for a permit, the cultural administration department at the county level or above or cultural marketplace comprehensive law enforcement organ is to handle it in accordance with article 21 of the "Temporary Provisions on the Administration of Internet Culture"; where the scope of operations in the permit is not followed, investigate and handle it in accordance with article 24 of the "Temporary Provisions on the Administration of Internet Culture"

Article 21: Where online performance operations units provide performance content in violation of the relevant provisions of article 6 of these Measures, the cultural administration department at the county level or above or cultural marketplace comprehensive law enforcement organ is to handle it in accordance with article 28 of the "Temporary Provisions on the Administration of Internet Culture".

Article 22: Where online performance operations units violate the relevant provisions of article 10 by of these Measures, by opening performance channels for unapproved performers, the cultural administration department at the county level or above or cultural marketplace comprehensive law enforcement organ is to handle it in accordance with article 28 of the "Temporary Provisions on the Administration of Internet Culture"; where filings are not made it the required time, investigate and handle it in accordance with article 24 of the "Temporary Provisions on the Administration of Internet Culture."

From March 15, 2017, online performance operations units are to follow the relevant provisions of article 10 of these Measures to submit applications to the Ministry of Culture through the national cultural market technological supervision and service platform.

Article 23: Where online performance operations units violate the relevant provisions of article 13 of these Measures failing to follow provisions on the storage of online performances' audio and visual materials; it is to be investigated and handled in accordance with article 31 of the "Temporary Provisions on the Administration of Internet Culture".

Article 24: Where online performance operations units violate the relevant provisions of article 14 of these Measures, the cultural administration department at the county level or above or cultural marketplace comprehensive law enforcement organ is to investigate and handle it in accordance with article 30 of the "Temporary Provisions on the Administration of Internet Culture";

Article 25: Where online performance operations units violate the relevant provisions of articles 5,8,11,12,13,or 15 of these Measures, the cultural administration department at the county level or above or cultural marketplace comprehensive law enforcement organ is to investigate and handle it in accordance with article 29 of the "Temporary Provisions on the Administration of Internet Culture".

Article 26: Where online performance operations units violate the relevant provisions of articles 5,8,11,12,13,or 15 of these Measures, the cultural administration department at the county level or above or cultural marketplace comprehensive law enforcement organ is to investigate and handle it in accordance with article 29 of the "Temporary Provisions on the Administration of Internet Culture".

Article 27: These measures take effect on January 1, 2017.