Code of Conduct for Livestreaming Promotion
Code of Conduct for Livestreaming Promotion
Code of Conduct for Livestreaming Promotion
June 24, 2020
Preamble
Livestreaming promotion, as a socialized promotion mode, plays a positive role in promoting consumption capacity expansion and quality improvement as well as forming a strong domestic market. To regulate livestreaming promotion activities and promote the sound development thereof, it is a requirement to, under the current legal framework, build a social co-governance pattern involving government regulation, entity autonomy, industry self-regulation and social supervision. Many elements of livestreaming promotion activities exhibit obvious functions and characteristics of advertising campaigns, various entities of which have also actively become involved in livestreaming promotion activities as the important force in the development of livestreaming promotion as a new form of business. The China Advertising Association ("CAA") pays close attention to changes in advertising campaign and the development of livestreaming promotion as a new form of business. After conducting full investigation and research while seeking opinions, and with strong support from relevant entities under the State Administration for Market Regulation and the China Consumers Association, the CAA has formulated the Code of Conduct for Livestreaming Promotion. It will continue to advocate self-regulation first, and in accordance with the law, strengthen industry self-regulation, provide self-regulation public services and guide market entities' autonomy, thus promoting the construction of industry integrity.
This Code focuses on providing conduct guidelines for various entities engaging in livestreaming promotion activities. Non-livestreaming online video promotions which are identified as advertising campaigns shall comply with the Advertising Law of the People's Republic of China; and those identified as other promotion activities may conduct self-regulation in accordance with this Code mutatis mutandis.
Chapter I General Provisions
Article 1 This Code is formulated in accordance with laws and regulations, rules as well as relevant provisions including the E-commerce Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, the Advertising Law of the People's Republic of China, the Product Quality Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China with a view to creating a favorable market consumption environment, guiding more standardized livestreaming promotion activities and promoting the sound development of livestreaming promotion as a form of business.
Article 2 This Code applies to livestreaming promotion activities where such participants as merchants and live streamers sell commodities or provide services orienting towards users in the form of livestreaming on e-commerce platforms, content platforms, social platforms and other online platforms.
Article 3 Whoever conducts livestreaming promotion activities shall conscientiously abide by state laws and regulations, adhere to the principles of proper guidance, good faith, authentic information and fair competition, ensure that the content of activities meets the requirements for construction of a socialist spiritual civilization and promotion of the Chinese nation's excellent traditional culture.
Livestreaming promotion platform operators shall be encouraged to actively participate in industry self-regulation and jointly promote social co-governance of livestreaming promotion activities.
Article 4 No information published in livestreaming promotion activities may contain any of the following contents:
1. those objecting to basic principles set forth in the Constitution or violating prohibited provisions of state laws and regulations;
2. those damaging state sovereignty, unity and territorial integrity;
3. those endangering state security, leaking state secrets or harming state honor and interests;
4. those containing any ethnic, racial, religious or sexual discrimination;
5. those disturbing the social order and undermining social stability, for example, spreading rumors;
6. those involving obscenity, pornography, gambling, superstition, terror, violence or the abetting of crime;
7. those containing insults, slander or intimidation, involving any other person's privacy or otherwise harming any other person's legitimate rights and interests;
8. those endangering the physical and mental health of minors; and
9. those otherwise endangering public morality or the Chinese nation's excellent cultural traditions.
Article 5 During livestreaming promotion activities, it is a requirement to, comprehensively, authentically and accurately disclose information on commodities or services, legally protect consumers' right to know and choose; strictly fulfill product responsibilities, rigorously control the quality of livestreaming products and services; and in accordance with laws and agreements, actively fulfill after-sales commitments, and establish and improve a consumer protection mechanism to protect consumers' legitimate rights and interests.
Article 6 No livestreaming promotion entity may fabricate or falsify transaction data or user comments by means of traffic fraud, such as false deals and manipulating the goodwill, or deceive or mislead consumers through false or misleading commercial publicity.
Those displaying commercial advertisements in livestreaming promotions shall strictly abide by various provisions of the Advertising Law of the People's Republic of China.
Article 7 Each livestreaming promotion entity shall legally fulfill its obligations in terms of cybersecurity and personal information protection, etc., and abide by laws, administrative regulations and other relevant provisions when collecting and using users' personal information.
Article 8 Each livestreaming promotion entity shall abide by laws and commercial ethics, participate in market competition on an equal footing, and be prohibited from, in violation of legal provisions, engaging in any activity that disturbs the market competition order or harms the legitimate rights and interests of other operators or consumers.
Article 9 Each livestreaming promotion entity shall establish and improve an intellectual property rights protection mechanism, respect and protect other persons' intellectual property rights as well as trade secrets and other proprietary rights involving third parties.
Article 10 Livestreaming promotion entities shall, in accordance with laws or platform rules, enter into contracts to specify their respective rights and obligations.
Article 11 Livestreaming promotion entities shall improve the mechanism for the protection of minors and lay emphasis on protecting minors' physical and mental health.
Chapter II Merchants
Article 12 A merchant shall, as a commercial entity that sells commodities or provides services in livestreaming promotion, have the qualification and licensing corresponding to the commodities or services provided by it, and conduct business operations with its permit and license displayed.
Article 13 A merchant settling into a livestreaming promotion platform shall provide its authentic and effective entity identity, contact information, relevant administrative licensing and other information, and in the case of any change to the information, promptly update it and inform the platform thereof to review it.
Article 14 A merchant shall ensure that the commodities sold or the services provided by it are legal and in compliance with livestreaming promotion platform rules, and be prohibited from selling or providing any illegal and illicit commodity or service or infringing upon the legitimate rights and interests of the platform or any third party.
Article 15 Commodities promoted or services provided by a merchant shall comply with the requirements of pertinent laws and regulations on commodity quality and use safety as well as use performance, applicable standards as declared, promises, etc., without there being any unreasonable risk of endangering personal or property safety.
A merchant selling special commodities such as pharmaceuticals, medical devices, healthcare food, and formula food for special medical use shall obtain the corresponding qualification or administrative licensing in accordance with the law.
Article 16 A merchant shall, in accordance with livestreaming promotion platform rules, provide an authentic, legitimate and effective trademark registration certificate, brand franchise certificate, brand sales authorization certificate and other documents.
Article 17 Information on products or services published by a merchant shall be authentic, scientific and accurate without false publicity or deceiving or misleading consumers, and product and service standards if involved shall be consistent with the relevant national standards and industry group standards with consumers' right to know protected.
Any information on a merchant's promotion of commodities or services identified as commercial advertising shall comply with various provisions of the Advertising Law of the People's Republic of China.
Article 18 A merchant shall legally protect consumers' legitimate rights and interests, actively fulfill its commitments, and provide after-sales services including return and replacement guarantees in accordance with the law.
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June 24, 2020
Preamble
Livestreaming promotion, as a socialized promotion mode, plays a positive role in promoting consumption capacity expansion and quality improvement as well as forming a strong domestic market. To regulate livestreaming promotion activities and promote the sound development thereof, it is a requirement to, under the current legal framework, build a social co-governance pattern involving government regulation, entity autonomy, industry self-regulation and social supervision. Many elements of livestreaming promotion activities exhibit obvious functions and characteristics of advertising campaigns, various entities of which have also actively become involved in livestreaming promotion activities as the important force in the development of livestreaming promotion as a new form of business. The China Advertising Association ("CAA") pays close attention to changes in advertising campaign and the development of livestreaming promotion as a new form of business. After conducting full investigation and research while seeking opinions, and with strong support from relevant entities under the State Administration for Market Regulation and the China Consumers Association, the CAA has formulated the Code of Conduct for Livestreaming Promotion. It will continue to advocate self-regulation first, and in accordance with the law, strengthen industry self-regulation, provide self-regulation public services and guide market entities' autonomy, thus promoting the construction of industry integrity.
This Code focuses on providing conduct guidelines for various entities engaging in livestreaming promotion activities. Non-livestreaming online video promotions which are identified as advertising campaigns shall comply with the Advertising Law of the People's Republic of China; and those identified as other promotion activities may conduct self-regulation in accordance with this Code mutatis mutandis.
Chapter I General Provisions
Article 1 This Code is formulated in accordance with laws and regulations, rules as well as relevant provisions including the E-commerce Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, the Advertising Law of the People's Republic of China, the Product Quality Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China with a view to creating a favorable market consumption environment, guiding more standardized livestreaming promotion activities and promoting the sound development of livestreaming promotion as a form of business.
Article 2 This Code applies to livestreaming promotion activities where such participants as merchants and live streamers sell commodities or provide services orienting towards users in the form of livestreaming on e-commerce platforms, content platforms, social platforms and other online platforms.
Article 3 Whoever conducts livestreaming promotion activities shall conscientiously abide by state laws and regulations, adhere to the principles of proper guidance, good faith, authentic information and fair competition, ensure that the content of activities meets the requirements for construction of a socialist spiritual civilization and promotion of the Chinese nation's excellent traditional culture.
Livestreaming promotion platform operators shall be encouraged to actively participate in industry self-regulation and jointly promote social co-governance of livestreaming promotion activities.
Article 4 No information published in livestreaming promotion activities may contain any of the following contents:
1. those objecting to basic principles set forth in the Constitution or violating prohibited provisions of state laws and regulations;
2. those damaging state sovereignty, unity and territorial integrity;
3. those endangering state security, leaking state secrets or harming state honor and interests;
4. those containing any ethnic, racial, religious or sexual discrimination;
5. those disturbing the social order and undermining social stability, for example, spreading rumors;
6. those involving obscenity, pornography, gambling, superstition, terror, violence or the abetting of crime;
7. those containing insults, slander or intimidation, involving any other person's privacy or otherwise harming any other person's legitimate rights and interests;
8. those endangering the physical and mental health of minors; and
9. those otherwise endangering public morality or the Chinese nation's excellent cultural traditions.
Article 5 During livestreaming promotion activities, it is a requirement to, comprehensively, authentically and accurately disclose information on commodities or services, legally protect consumers' right to know and choose; strictly fulfill product responsibilities, rigorously control the quality of livestreaming products and services; and in accordance with laws and agreements, actively fulfill after-sales commitments, and establish and improve a consumer protection mechanism to protect consumers' legitimate rights and interests.
Article 6 No livestreaming promotion entity may fabricate or falsify transaction data or user comments by means of traffic fraud, such as false deals and manipulating the goodwill, or deceive or mislead consumers through false or misleading commercial publicity.
Those displaying commercial advertisements in livestreaming promotions shall strictly abide by various provisions of the Advertising Law of the People's Republic of China.
Article 7 Each livestreaming promotion entity shall legally fulfill its obligations in terms of cybersecurity and personal information protection, etc., and abide by laws, administrative regulations and other relevant provisions when collecting and using users' personal information.
Article 8 Each livestreaming promotion entity shall abide by laws and commercial ethics, participate in market competition on an equal footing, and be prohibited from, in violation of legal provisions, engaging in any activity that disturbs the market competition order or harms the legitimate rights and interests of other operators or consumers.
Article 9 Each livestreaming promotion entity shall establish and improve an intellectual property rights protection mechanism, respect and protect other persons' intellectual property rights as well as trade secrets and other proprietary rights involving third parties.
Article 10 Livestreaming promotion entities shall, in accordance with laws or platform rules, enter into contracts to specify their respective rights and obligations.
Article 11 Livestreaming promotion entities shall improve the mechanism for the protection of minors and lay emphasis on protecting minors' physical and mental health.
Chapter II Merchants
Article 12 A merchant shall, as a commercial entity that sells commodities or provides services in livestreaming promotion, have the qualification and licensing corresponding to the commodities or services provided by it, and conduct business operations with its permit and license displayed.
Article 13 A merchant settling into a livestreaming promotion platform shall provide its authentic and effective entity identity, contact information, relevant administrative licensing and other information, and in the case of any change to the information, promptly update it and inform the platform thereof to review it.
Article 14 A merchant shall ensure that the commodities sold or the services provided by it are legal and in compliance with livestreaming promotion platform rules, and be prohibited from selling or providing any illegal and illicit commodity or service or infringing upon the legitimate rights and interests of the platform or any third party.
Article 15 Commodities promoted or services provided by a merchant shall comply with the requirements of pertinent laws and regulations on commodity quality and use safety as well as use performance, applicable standards as declared, promises, etc., without there being any unreasonable risk of endangering personal or property safety.
A merchant selling special commodities such as pharmaceuticals, medical devices, healthcare food, and formula food for special medical use shall obtain the corresponding qualification or administrative licensing in accordance with the law.
Article 16 A merchant shall, in accordance with livestreaming promotion platform rules, provide an authentic, legitimate and effective trademark registration certificate, brand franchise certificate, brand sales authorization certificate and other documents.
Article 17 Information on products or services published by a merchant shall be authentic, scientific and accurate without false publicity or deceiving or misleading consumers, and product and service standards if involved shall be consistent with the relevant national standards and industry group standards with consumers' right to know protected.
Any information on a merchant's promotion of commodities or services identified as commercial advertising shall comply with various provisions of the Advertising Law of the People's Republic of China.
Article 18 A merchant shall legally protect consumers' legitimate rights and interests, actively fulfill its commitments, and provide after-sales services including return and replacement guarantees in accordance with the law.
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