Shanghai introduces compliance guidance, clarifying that these products and services must not live broadcast marketing

A few days ago, the Municipal Market Supervision Bureau formulated the first guidelines on the provincial level on the provincial level on the "compliance guidance of Shanghai online live marketing activities" to clarify the content of the 5 types of online live broadcast main responsibilities, and list the online live marketing goods (service (service (service (service (service (service (service (service (service (service ) 10 negative lists. For more details, please refer to ↓

Clarify the content of the main responsibility of the 5 -type network live broadcast

The "Guidelines" is aimed at outstanding issues such as breakthrough ethical bottom line, brushing lettering, false propaganda, selling fakes, difficulty in selling fakes, difficulty in consumer rights, and "minimum price agreements" for the "minimum price agreement" in network live marketing activities. The relevant laws and regulations of live marketing marketing stipulate that the responsibility and obligations of market business entities such as live marketing platforms, operators in the platform, live operator, anchor, and anchor service agency in online live marketing activities will be carried out. Provide a full range of guidelines.

The live marketing platform shall formulate and disclose the webcast marketing management rules, and establish an anchor blacklist system;

Operators on the platform shall show their business licenses on the homepage of the online store, and shall not ban the production and sales of products or services that are prohibited from production and sales through online live sales laws and regulations;

The operator of the live broadcast room shall strengthen the review and check -in of the live broadcast selection, live selling point and other links. Other operators should not be required to sign the "lowest price agreement" or other unreasonable exclusive compulsory clauses;

The anchor should be at the age of 16 that year, regulates its own behavior, dressing and terms, and publishing goods or service information in truth, accuracy, and comprehensive manner.

The anchor service agencies shall fulfill their obligations such as information security management, product quality review, consumer rights protection, and taxation in accordance with the law.

10 negative lists of 10 negative lists of online live marketing products (services)

Products that are eliminated and sold out of the country's order and sales that are invalidated and deteriorated;

Commodities or services that do not meet the compulsory national standards that protect human health and personal and property security;

No quality inspection certificate or Chinese indicated product name, production factory name and site address;

Commodities or services that have not been obtained in accordance with the law shall obtain permission, filing or compulsory certification;

Commodities or services that harm national interests and social public interests, violate public order and customs;

Commodities or services that do not meet the requirements of environmental protection;

Commodities or services that infringe on intellectual property rights of others;

Anesthesia drugs, psychotropic drugs, medical toxic drugs, radioactive drugs and other special drugs, drugs are easy to make toxic chemicals, drugs, medical devices and treatment methods for drug treatment, and administrative regulations prohibiting the release of advertising products and services;

Prescription medicines, tobacco products (including electronic cigarettes), all or partial or partial infant dairy products, beverages and other food laws, administrative regulations, and administrative regulations are prohibited from publishing advertisements and services in the public communication media;

Laws and administrative regulations are prohibited from other goods and services of online transactions.

Medical, pharmaceutical, medical equipment, pesticides, veterinary drugs, health foods, special medical use formula foods and other laws and administrative regulations shall be provided in advance to publish goods and services in advance, which is not suitable for marketing in the form of online live broadcasts.

The "Guidelines" introduced the concept of cautious marketing, pointing out that "fresh and easy -to -rot and other foods that are damaged due to the quality of logistics transportation and non -standardized consumption agricultural products need to be cautious to carry out online marketing to avoid consumer disputes."

The "Guidelines" specifically reminds cross -border commodity marketing, and it is clear that the laws and regulations of import and export supervision and management should be clearly stipulated that the distribution of goods should be within the scope of the "cross -border e -commerce retail import product list" announced by relevant national departments and facilitates consumption for convenience. The method of cognition fulfills the obligation to notify the relevant reminder.

Highlight the compliance requirements of 14 aspects

In response to the "Breakthrough Breakthrough Based on the Basic Ethics Bottom Line", which focuses on the media focus and social reflection, the "Guidelines" set the "persistence correct orientation" clause. Call for the bottom line of live broadcast ethics and safeguard national interests and social public interests.

The "Guidelines" put forward behavioral compliance requirements from 14 aspects such as prohibiting malicious marketing, ensuring fair competition, non -false propaganda, standardized advertising release, and standardized promotional activities. The "Guidelines" pointed out that if the live marketing activities collect "pit fees" and commissions, it shall be standardized and reasonable, and must not be fictional "the lowest price of the entire network" and "the lowest price in history" as the live selling point.

The "Guidelines" specifically propose to protect the legitimate rights and interests of minors and elderly. It is required to carry out live marketing activities without any basis for differentiated publicity and high -priced sales with logos such as "special infants and young children" and "children's dedicated". To. It is not allowed to introduce false medical and drug advertisements such as "divine medicine" and "divine medicine" in disguise in the form of health, health knowledge, etc., and shall not publish illegal advertising for illegal fundraising or illegal fund -raising in the name of investing in pension, house pensions.

The "Guidelines" made clear reminders on the "Consumer Rights Protection Law" and the latest judicial interpretation of the Supreme Law on the right to know the right to know and choose the right to know and select the right to choose, the dispute between consumption disputes, and the liability for damage compensation in the live broadcast activities. Encourage live marketing platforms to establish a rapid dispute system for consumer rights disputes such as the first accountability, advance compensation, and online dispute resolution to ensure the legitimate rights and interests of consumers.

Shanghai online live marketing activity compliance guidelines

Chapter 1 General Principles

Article 1 (purpose and basis)

In order to regulate the live broadcast marketing activities, protect the legitimate rights and interests of consumers, safeguard the market order of fair competition, and promote the healthy development of online live marketing activities, in accordance with the "E -Commerce Law of the People's Republic of China", "Advertising Law of the People's Republic of China", "People's Republic of China, "Just Competition Law", "Consumer Rights Protection Law of the People's Republic of China", "Quality Law of the People's Republic of China", "Food Safety Law of the Chinese People's Republic", "Price Law of the People's Republic of China" (hereinafter referred to as the E -Commerce Law, "Advertising Law", " Anti -Unfair Competition Law "" Consumer Rights Protection Law "," Product Quality Law "," Food Safety Law "," Price Law ") and other laws and regulations such as" live marketing marketing management (trial) "and other national departments Relevant regulations of management formulate this guideline. Article 2 (scope of application)

This guidelines are applicable to online live marketing activities carried out in this city. The webcast marketing activities referred to this guideline refer to the business activities of selling goods or services through Internet websites, applications, applets, etc., using live video, audio live broadcast, graphic live broadcast, or a variety of live broadcasts.

The live marketing platform referred to this guideline refers to various platforms that provide live broadcast services in online live marketing, including Internet live service platforms, Internet audio and video service platforms, e -commerce platforms, etc.

The platform operator referred to this guide refers to selling goods or e -commerce operators who sell goods or provide services through the live marketing platform.

The live broadcast operator referred to this guideline refers to individuals, legal persons, and other organizations engaged in live marketing marketing activities on the live marketing platform or other online services such as self -built websites.

The anchor referred to this guidelines refers to a live marketing personnel who directly develop marketing to the public in the live marketing marketing.

The anchor service agency referred to this guideline refers to specialized institutions that provide planning, operation, brokerage, training, etc. for live marketing personnel to engage in live marketing activities.

Article 3 (overall requirements)

Entering live marketing activities, we should comply with relevant national laws and regulations, abide by the relevant provisions of the "Network Marketing Management Measures (Trial)" formulated by the State Cyber ​​Information Office and other departments, safeguard the national interests and social public interests, and abide by commercial ethics. The legitimate rights and interests of operators and consumers.

If the publicity of online live marketing constitutes a commercial advertisement, it shall comply with the provisions of the "Advertising Law" to ensure that the propaganda content is true, legal, and expressed in a healthy expression, which meets the requirements of the construction of socialist spiritual civilization and promoting the excellent traditional culture of the Chinese nation.

Chapter II Main Anthology Requirements

Article 4 (Live Marketing Platform)

In the live marketing marketing activities, the live marketing platform shall formulate and disclose the webcast marketing management rules in accordance with the law, strengthen live marketing ecological management, and perform platform management responsibilities in accordance with the law.

(1) Strengthen the inspection and management of live broadcast content, and have the technical capabilities to maintain the safety of live broadcast content. If you find that the sales of banned goods and other illegal marketing information on the platform shall take timely treatment measures and report to the relevant authorities in accordance with the law.

(2) Strengthen the registration and management of the anchor account registration, and strengthen the management of anchors and other participants in the live broadcast personnel. The anchor and personnel who have seriously violated the law and the person who have caused bad social impacts for violations of the law and the harsh social impact. Operators, live operators, and anchor service agencies.

(3) When consumers jump to other platforms to buy goods or receive disputes over services or accept services through the live broadcast room, two -dimensional code, etc., they should actively assist consumers to safeguard their legitimate rights and interests and provide support for the necessary evidence.

(4) Actively cooperate with the supervision and inspection of the regulatory authorities, provide necessary documents, materials, and data to ensure that the relevant information and responsible subjects can trace back, and provide technical support and help for investigation and inspection activities in accordance with the law.

Article 5 (operator in the platform)

The operator in the platform sells goods or services through live broadcasts, and shall comply with platform rules and cooperation agreements to fulfill the responsibility of e -commerce operators in accordance with the law.

(1) Continuously announced business license information on the homepage of the online store, administrative license information related to business business, and provide consumers with information such as business address and after -sales service.

(2) Standardize the scope of marketing or service marketing, and shall not ban production and sales of goods or services through online live sales laws and regulations.

(3) Standardize the management of goods or service sales pages, and release goods or service information on legal compliance.

(4) Those who are engaged in live marketing marketing activities on their own on the platform shall follow the compliance requirements of this guideline to the live broadcast operator and anchor.

Those who sell products or other e -commerce operators who sell products or provide services by self -built websites, other online services are engaged in live marketing activities on their own, shall follow the compliance requirements of the operators on the platform on the platform.

Article 6 (Live Room Operator)

The operator of the live broadcast room shall conduct standardized construction, content review and illegal disposal of live marketing activities in accordance with the platform rules and cooperation agreements in accordance with the law.

(1) Do not request operators in the platform to sign a "minimum price agreement" or other unreasonable exclusive compulsory clauses.

(2) Establish the quality control and compliance management mechanism of live products, and strengthen the review of the audit of live broadcast selection, live selling points.

(3) Establish an anchor management system, do a good job of live broadcast monitoring, prevent anchor from violation of laws and regulations in the live broadcast, and establish an anchor qualification assessment and evaluation mechanism. (4) Tax registration in accordance with the law, and perform taxpayers in accordance with the law.

Article 7 (anchor)

In the live marketing activities, anchors should standardize their own behaviors, fulfill the agreement with the operator in the platform, and sell goods or services to the public in accordance with the law.

(1) The anchor is a natural person, and it should be 16 years old. If a minor over the age of sixteen applied as an anchor, the consent of the guardian shall be approved by the guardian.

(2) Standardize dressing and terms, and must not harass, slander, abuse and intimidate others, and infringe on the legitimate rights and interests of others.

(3) Real, accurate, and comprehensive release of goods or service information to avoid misleading consumers. With the consent of the operator in the platform, a refund and return commitment commitment beyond laws and regulations should not be made unilaterally.

(4) The anchor and other people participating in the live broadcast recommendation and proof of the goods and services in their own names or images constitute an advertising spokesperson, shall fulfill and bear the legal responsibility and obligations of advertising spokespersons.

(5) If an anchor directly sign an agreement with the operator in the platform, it shall not request the operator in the platform to sign the "minimum price agreement" or other unreasonable exclusive compulsory clauses, and fulfill the taxpayment obligations in accordance with the law.

Article 8 (anchor service agency)

The anchor service agency shall carry out the recruitment, training and management of live marketing personnel in accordance with laws and regulations and agreements, and fulfill the obligations such as information security management, product quality review, consumer rights protection, and taxation according to law.

Chapter 3 Product or Service Compliance Requirements

Article 9 (negative list)

According to the provisions of laws and regulations, it is not allowed to sell or provide the following products or services in the form of online live broadcasts:

(1) State the elimination and sales of the state of the state and the products that are invalidated and deteriorated;

(2) Commodities or services that do not meet the compulsory national standards that protect human health, personal and property security;

(3) No quality inspection certificate or products without Chinese indication, product name, production factory name and site address;

(4) Commodities or services that have not been obtained in accordance with the law shall obtain permits, filing or compulsory certification;

(5) Commodities or services that harm national interests and public interests and violate public order and customs;

(6) Commodities or services that do not meet the requirements of environmental protection;

(7) Commodities or services that violate intellectual property rights of others;

(8) Special drugs such as anesthesia drugs, psychotropic drugs, medical drugs, radioactive drugs, etc., pharmaceuticals are prone toxic chemicals, drugs, medical devices and treatment methods such as drug treatment It

(9) Pharmaceuticals, tobacco products (including electronic cigarettes), all or partial or partial infant dairy products, beverages and other foods such as infant milk products and other foods, and administrative regulations prohibit the release of advertisements and services in the mass communication media;

(10) Law and administrative regulations are prohibited from other goods and services of online transactions.

Medical, pharmaceutical, medical equipment, pesticides, veterinary drugs, health foods, special medical use formula foods and other laws and administrative regulations shall be provided in advance to publish goods and services in advance, which is not suitable for marketing in the form of online live broadcasts.

Article 10 (Careable Marketing)

Foods such as fresh and easy to rot due to the quality of the quality of logistics transportation and non -standard consumption agricultural products need to be cautious to carry out online marketing to avoid consumer disputes.

Article 11 (Cross -border Marketing)

Operators, live broadcast operators, and anchors on the live marketing marketing marketing of cross -border retail imports should comply with the laws, administrative regulations, and relevant state regulations of import and export supervision and management. Within the scope of "cross -border e -commerce retail import product list". The following reminders should be fulfilled in a way to facilitate consumer cognition:

(1) Related products meet the requirements of quality, safety, hygiene, environmental protection, identification and other standards or technical specifications, but may be different from my country's standards, and consumers bear relevant risks by themselves.

(2) There may be no Chinese label directly to purchase products from overseas. Consumers can view the Chinese electronic tags through the website to accurately purchase.

(3) The goods purchased by consumers are limited to individuals' self -use and shall not be sold again.

Article 12 (Product Quality)

The operator on the platform shall comply with the provisions of the Product Quality Law to ensure that the products sold on the live sales meet the product standards indicated by the product. The secondary charging, the place where the product is impersonally impersonally pretended to be a qualified product, the origin of the fake product, forge or use the name of the factory and the site of the other people's factory.

The operator in the platform shall establish and implement the purchase inspection and acceptance system, which will be verified that the product qualification certificate and other logo shall be verified. The logo sold or its packaging must be real, and it must be marked in accordance with relevant national regulations.

Article 13 (Food Safety)

Operators in the platform shall comply with the provisions of the Food Safety Law, and shall not sell foods that do not comply with laws and regulations and food safety standards to ensure food safety.

Foods sold through the webcast with special storage conditions such as fresh -keeping and insulation should be adopted for storage and transportation measures that can ensure food safety storage and transportation, or entrust enterprises with corresponding storage and transportation capabilities to storage and distribution.

Chapter 4 Live Marketing Behavior Compliance Requirements

Article 14 (Adhering to the correct orientation) The operator, live operator, anchor and anchor service agency in the platform carry out online live marketing propaganda.

(1) Dignity or interests of the country, and to engage in business marketing and propaganda of illegal and violations through major activities of the party and the country;

(2) Use or disguise the national flag, national anthem, national emblem, military flag, military song, military emblem;

(3) Use or disguise the names or image of the staff of the state and state organs in disguise;

(4) Passing rumors and other hinders to prevent social stability and harm the public interests of the society;

(5) Obstructing public order in society and violating the good fashion of society;

(6) content containing obscene, pornography, gambling, superstition, horror, violence, or instigating crime;

(7) Content containing national, race, religion, gender discrimination;

(8) content that contains insult, slander, intimidation, involving the privacy of others to infringe on the legitimate rights and interests of others;

(9) content that contains the physical and mental health that harms minors, as well as the legitimate rights and interests of the disabled and the elderly;

(10) Most of the publicity and overeating, such as eating, overeating, and other waste food content, induced consumers to exceed reasonable needs to buy goods;

(11) Other adverse orientation content stipulated in laws and administrative regulations.

Article 15 (prohibited malicious marketing)

Operators in the platform, live broadcast room operator, anchor, etc. engaged in live marketing activities should be legally compliant and profitable, and malicious marketing shall be conducted. There must not be a profit to make goods with minors, illness or disabled people, or lonely elderly people. They must not make up and interpret false hunting plots for fraud sales.

Article 16 (ensuring fair competition)

Live marketing platforms, operators in the platform, live operator, anchor, etc. engaged in live marketing activities, shall comply with the provisions of the "Anti -Unfair Competition Law", and shall not implement the legal order of market competition, damage other operators or consumers to legal legal legality Improper competition in rights and interests.

Live marketing platforms, live broadcast operators and anchors shall not use service agreements, trading rules, and technical means to conduct unreasonable restrictions on or additional unreasonable conditions for other operators in transactions and transaction prices in the live broadcast room, or collect them from merchants. Reasonable cost. The operator and anchor of the live broadcast room shall follow the principle of fairness and integrity, carefully evaluate the live sales effect, and collect the fixed promotion service fee ("pit fee") and commissions from the operators in the platform, and shall be standardized and reasonable.

The operator and anchor of the live broadcast room shall not make up, disseminate false or misleading information, and damage the business reputation and product reputation of competitors.

Article 17 (not fake publicity)

Operators in the platform, live broadcast operator, anchor, etc. engaged in live marketing activities, shall comply with the provisions of the Anti -Unfair Competition Law. Or the misunderstanding of business propaganda deception and misleading consumers may not have the following situations:

(1) Fictional transactions and composition of user evaluation;

(2) Use misleading display and other methods to make good reviews in front, bad reviews, or not significantly distinguish the evaluation of different goods or services, and the goods with goods are "inconsistent" with actual goods;

(3) Pseudo -marketing is used to lies in spot, fictional reservation, false buying, etc. for false marketing;

(4) Fiction of traffic data such as fictional clicks, attention, and interactive data such as fictional likes and rewards.

Article 18 (Standardized Advertising Release)

Operators, live broadcast operators, anchors, etc. in the platform publish advertisements in live marketing activities, shall strictly review and check in accordance with the provisions of the "Advertising Law". The following situations shall not appear:

(1) Publish goods or services such as food, cosmetics, life beauty, etc., shall not involve the treatment function of the disease. It is not allowed to use medical terms or the words that are easily confused with drugs, medical equipment and medical services;

(2) Publishing financial investment advertisements shall explicitly explicit risk and responsibility to bear and make reasonable prompts or warnings.

(3) Publishing educational training advertisements shall not make an explicit or implied guarantee commitment to the effect, and shall not use the names or images of educational institutions, beneficiaries, etc. to recommend and prove;

(4) Publish alcohol advertisements, shall not induce or encourage drinking or promoting no control drinking, and no drinking action;

(5) Release of real estate advertisements. The information information should be real, and it shall not contain the promise of appreciation or return on investment.

(6) Published advertisements such as crop seeds, planting livestock poultry, aquatic seedlings, and breeding breeding shall not contain an assertion or guarantee of expressed efficacy. ,prove.

If advertisements, statistical data, statistical data, survey results, abstracts, quotes, etc., should be true, accurate, and indicate the source. If the content of the cited content is applicable and valid, it should be clearly stated.

Article 19 (Ming Yoding Price)

Operators in the platform, live broadcast room operator, anchor, etc. engage in live marketing activities, shall comply with the provisions of the Price Law, and make clear prices in the form of consumers convenient and effectively. Units, as well as service items, content, price, and pricing unit for service charges. Specifications, grades, and place of production have important factors that have an important impact on the prices of goods and services, and it should be clearly marked. Article 20 (standardized promotional activities)

When operators in the platform, live broadcast operators, anchors, etc. When conducting online marketing promotion activities, if there are additional conditions or periods of promotional activities, the publicity conditions or periods shall be clearly clarified. If the limited amount of promotional activities shall be explicitly stated that the specific number of promotions products shall be explicitly stated immediately after the promotional products are sold. If a lottery, attachment, and points for replacement, etc., the promotion should be truthfully stated that there are prize sales information, the name and quantity of the items of gifts, or the conditions for replacement. Cause damage.

Operators, live operators, and anchors in the platform should strive to improve business management, reduce operating costs, provide consumers with reasonable price products and services, and obtain legal profits in market competition. If the price comparison method (such as "discount", "special price", etc.) is used to carry out promotional activities, it shall be clearly marked or through other ways to facilitate consumer cognition to indicate that the comparison price and sales price shall be true and accurate. "The lowest price on the entire network" and "historical lowest price" as the live selling point.

Article 21 (Protection Intellectual Property)

Operators in the platform, live broadcast operators, anchors, etc. engaged in live marketing activities, shall comply with the provisions of the Trademark Law and Patent Law. It is not allowed to issue goods and service information that violates intellectual property rights of others.

Article 22 (Protecting Minors)

Live marketing platforms, operators in the platform, and live broadcast operators shall establish and improve the protection mechanism of minors, and use the online live sales to sell goods or services under the age of 14 years old. It is not allowed to induce them to ask for parents to buy or contain possibilities. The content that triggered its imitation of unsafe behavior shall not be based on differentiated publicity and high -priced sales with logos such as "special infants and young children" and "children's dedicated". Products or services of content shall not contain information such as Hyun Wealth and Gold, Luxury and enjoyment, such as the physical and mental health of minors. Subsidies who are under the age of ten are not allowed to be spokespersons for advertising.

Article 23 (Protecting the Elderly)

Live marketing platforms, operators in the platform, and live broadcast operators shall ensure the quality and safety of old products or services, and safeguard the legitimate rights and interests of the elderly. The use of webcasting to sell products or services that the elderly is the object of the elderly may not be able to publish false medical, drugs, medical equipment, and health food advertisements such as "divine medicine" and "divine medicine" in disguise in the form of health and health knowledge. Illegitimate advertisements illegal funding or illegal fund -raising in the name of house pension.

Article 24 (protecting consumers' right to know and choice)

Operators in the platform, live broadcast operators, anchors, etc. engaged in live marketing activities, shall comply with the provisions of the Consumer Rights Protection Law, and disclose product or service information in a comprehensive, authentic, accurate, and timely manner to ensure that consumers enjoy the products of knowing products Or the real situation of service and the right to choose independently must not exaggerate or conceal information about consumers who have a major interest relationship with consumers. Do not lie to the fictional inventory data of "second light" and "spike", create a tight and scarce illusion, induce consumers to consume irrational consumption, and not delete or block related unfavorable evaluations and other methods to deceive and mislead consumers.

Article 25 (No reason to return)

Operators in the platform shall implement online shopping products in accordance with the law without reason to return the goods, and timely handle the requirements for the repair, re -work, replacement, return, rewriting of goods, refunding payment and service expenses or compensation losses proposed by consumers in a timely manner. Or unreasonable rejection.

Article 26 (Dispute disposal)

Live marketing platforms, operators in the platform, and live broadcast operators shall actively assist consumers to safeguard their legitimate rights and interests, establish convenient and effective online resolution mechanisms for complaints, reports, and disputes, public complaints and reporting methods, timely and properly handle consumers' marketing for illegal illegal marketing marketing Complaint report.

Encourage live marketing platforms to establish a rapid dispute system for consumer rights disputes such as the first accountability, advance payment, and online dispute resolution, and publicize the use rules or explanations of the use of funds in advance.

Article 27 (damage compensation)

If an operator sells goods or provides services in the platform that causes consumer damage, it shall bear the responsibility of operators in accordance with the provisions of the Consumer Rights Protection Law. If the live marketing platform has carried out self -operated business sales products in the form of online marketing, it assumes the responsibility of operators.

The operator of the live broadcast room knows or should know that the goods provided by the operator in the platform do not meet the requirements of protecting the person's and property safety, or if there are other acts of infringing the legitimate rights and interests of consumers, they still promote it and cause damage to consumers. Responsibilities with the operators in the platform providing the product.

The live marketing platform knows that or should know that the goods sold by the live broadcast operator do not meet the requirements of protecting the personal and property safety, or other acts of infringing the legitimate rights and interests of consumers, no necessary measures, and the live marketing platform and the live broadcast operator shall bear joint responsibilityEssenceLive operators sell the goods to damage the legitimate rights and interests of consumers, and the live marketing platform cannot provide the real name, name, address and effective contact information of the live operator, and consumers can request compensation from the live marketing platform in accordance with the law.

Chapter 5

Article 28 (Punishment Implementation)

If the operator in the platform, the operator in the platform, the live operator, anchor, and anchor service agency violate the laws and administrative regulations, shall investigate and punish the relevant departments in accordance with the law.

Article 29 (Guidelines)

This guidelines are explained by the Shanghai Market Supervision and Administration Bureau and implemented from the date of release.

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