Promulgation Date: 2021-8-30 Title: 文化和旅游部关于印发《网络表演经纪机构管理办法》的通知 Document Number:文旅市场发〔2021〕91号 Expiration date: Promulgating Entities:Ministry of Culture and Tourism Source of text: http://zwgk.mct.gov.cn/zfxxgkml/scgl/202109/t20210902_927492.html
Article 1: These Measures are formulated on the basis of the "Regulations on For-profit Performances" , "The Detailed Implementation Regulations for the Regulations for For-profit Performances", "The Temporary Provisions on the Administration of Internet Culture" and other relevant provisions, so as to regulate the business conduct of online performance management establishments, to strengthen the content management of online performances, and to promote the healthy and orderly development of the online performance industry.
Article 2: "Online performance management establishments" as used in these Measures refers to units engaged in the following business activities:
(1) Business activities such as organizing, producing, or marketing online performances;
(2) Management activities such as signing, promoting, or representing online performers.
Article 3: Online performance management establishments shall comply with the Constitution and relevant laws and regulations, persist in the direction of serving the people and socialism, and have the Core Socialist Values as their guide to continuously enrich the public's cultural lives.
Article 4: Online performance management establishments engaged in performance management activities shall obtain for-profit performance management permits in accordance with law.
Online performance management establishments applying for for-profit performance permits shall be implemented in accordance with requirements, and provisions on materials, foreign investment provisions, and so forth for permit applications in articles 6, 10, and 11 of the "Regulations on For-profit Performances", as well as articles 8, 10, 13, and 15 of the "Detailed Implementation Regulations for the Regulations for For-profit Performances".
Article 5: Online performance operations units shall bear entity responsibility for the online performance business activities carried out by that unit in accordance with law, and verify the credentials of online performance management establishments on the platform.
Article 6: Online performance management establishments providing management services for performers shall verify the identities of the performers through effective means such as in-person meetings and video conversations. Online performance management establishments must not provide management services to performers who they know have provided identitification information that is not in accord with their real identity.
Online performance management establishments providing management services for performers shall sign agreements with them providing for the rights and obligations of each party, to protect the lawful rights and interests of online performers.
Article 7: Online performance management establishments must not provide management services to minors under the age of 16; and where providing management services to minors over the age of 16, they shall verify their identity information and have the written consent of their guardians. When requesting the guardians' opinions, they shall explain online performers' rights, obligations, responsibilities, and clauses for breach of contract to the guardians, and make a record of the conversation.
Online performance management establishments providing performance management services must not harm minors' physical and psychological well-being, and must not infringe on minors' rights and interests.
Article 8: Online performance management establishments shall strengthen the management of online performers, periodically carrying out training on policies and regulations and on professional ethics, to explain laws and regulations related to online performers, indicate prohibited content and conduct, and enhance online performers' awareness of compliance with law, and guide them to form positive professional ethics.
Article 9: Online performance management establishments must not organize, produce, or market online performances that contain the content prohibited by article 25 of the "Regulations on the Administration of For-profit Performances" or Article 6 of the "Measures on the Administration of Online Performance Businesses".
Article 10: Online performance management establishments that discover that the performances of signed performers contain content that violates laws or regulations shall immediately request that the performers stop online performance activities and promptly notify the relevant online performance operations units.
Article 11: Online performance management establishments must not use methods such as fake spending or leading the way with likes to induce users to spend money on online performance streaming platforms, and must not create hype through methods such as most liked lists or false publicity.
Online performance management establishments shall strengthen restraint of signed online performers, request that they not use methods such as provocative language, unreasonable special treatment, promised kickbacks, offline contact or interaction, or sending pictures or videos that have illegal content, to induce users to spend on online performance streaming platforms.
Article 12: Online performance management establishments shall make records of the handling of signed performers' violations of laws and regulations and store them, and based on the differing circumstance shall employ measures such as restrictions on services, terminating contracts, or requesting that the industry association conduct joint boycotts.
Where online performers sign contracts by borrowing or falsely using others' identity documents, the online performance management establishments may request that the industry associations conduct joint boycotts; where the circumstances are serious, the relevant department are to pursue legal responsibility in accordance with law.
Article 13: Online performance management establishments shall cooperate with administrative departments for culture and tourism conducting oversight inspections, providing truthful, accurate, and complete information and data on online performance management activities.
Article 14: Online performance management establishments shall allot sufficient online management personnel to satisfy operational needs. The ratio of online performance management personnel to signed performers must not be lower than 1:100.
Online performance management personnel engaged in performance management activities shall obtain the corresponding credentials in accordance with law.
Article 15: Online performance industry organizations shall strengthen self-regulation, draft industry standards and operations regulations, carry out industry training, strengthen education on creditworthiness, and employ measures such as public reprimands, revocation of credentials, and conducting joint boycotts for members entered in lists of the untrustworthy.
Article 16: The departments in charge of culture and tourism are to handle online performance management establishments that violate article 4 of these Measures in accordance with article 43 of the "Regulations on the Administration of For-profit Performances"
Article 17: Online performance management establishments engaging in management activities outside of online performance management are to be managed in accordance with relevant provisions.
Article 18: These measures take effect beginning on the date of their promulgation.