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In recent years, the scale of the live streaming sales market has continued to grow, and a series of problems such as inadequate platform management responsibilities and irregular commercial marketing behaviors have been exposed, which have restricted the healthy development of the industry. Yesterday, the Municipal Market Supervision Bureau officially issued the "Beijing Live Streaming Sales Compliance Guidelines" (hereinafter referred to as the "Guidelines"), which provide support for the city to guide all parties involved in live streaming sales to operate in compliance, protect the legitimate rights and interests of consumers, and promote the healthy development of the industry. Among them, it is required that during the live streaming marketing process, consumers should not be misled by false statements such as "the lowest price on the entire network"; operators of live streaming sales platforms should record and preserve live streaming sales information and historical live broadcast publicity information published on the platform.

Clarify the regulatory responsibilities and obligations of platform operators

Whether live streaming sales are compliant or not, the platform operators have an unshirkable responsibility and obligation. The Guidelines put forward compliance requirements one by one through nine articles. Live streaming sales platform operators shall fulfill the registration and verification obligations, establish and improve the service agreements and behavioral norms for live streaming sales activities, formulate a catalog of goods or services that are prohibited and restricted from marketing on the platform, establish a live streaming sales information inspection and patrol system, establish a publicity mechanism for the results of handling serious illegal and irregular behaviors, record and preserve the live streaming sales information and historical live streaming publicity information released on the platform, establish a credit management system and credit evaluation mechanism for the operators of live streaming sales rooms, strengthen education and training and management of the operators of live streaming sales rooms, and establish a sound behavior control mechanism and other compliance obligations.

The "Guidelines" also give clear requirements regarding the time for operators of live streaming e-commerce platforms to record and preserve live streaming information. Operators of live streaming e-commerce platforms should formulate rules for the preservation of marketing information and historical live streaming public information based on the characteristics of goods or services, and the live streaming videos of online transaction activities should be preserved for no less than three years from the end of the live streaming.

Promotional activities should publicize conditions or deadlines

The release of commercial advertisements and promotional activities during live streaming have always been the hardest hit areas of the problem. The Guidelines directly point out these problems and put forward clear compliance requirements. When releasing commercial advertisements during live streaming, they should be strictly reviewed and checked in accordance with regulations to ensure that they meet the relevant advertising requirements; in the process of selecting products, the qualifications of merchants and products should be carefully checked; in the process of live streaming marketing, the relevant certificates and authorization materials such as trademarks, patents, and certifications involved in the products should be carefully checked; if there are additional conditions or deadlines for promotional activities, the conditions or deadlines should be clearly publicized, and false or misleading commercial propaganda for goods or services should not be made, and consumers should not be misled by false statements such as "the lowest price on the entire network"; at the same time, a convenient and effective online complaint, reporting and dispute resolution mechanism should be established to promptly and properly handle consumer complaints and reports.

Regarding the issue of compliance in the release of commercial advertisements during live streaming, the Guidelines require that when live streaming releases advertisements for food, cosmetics, and daily beauty products, "three products and one device" advertisements, alcoholic beverages, education and training advertisements, financial, quasi-financial, investment and business advertisements, real estate advertisements, and advertisements for crop seeds, livestock and poultry, aquatic seedlings, and planting and breeding, the normative requirements of relevant laws and regulations such as the Advertising Law and the Internet Advertising Management Measures should be observed, and the correct political direction, public opinion orientation, and value orientation should be adhered to. Among them, the release of "three products and one device" advertisements should be strictly reviewed and approved in accordance with regulations, and the corresponding advertising review certificate should be obtained before the live broadcast. It is not allowed to publish or publish in disguise advertisements for medical treatment, drugs, medical devices, health foods, and special medical purpose formula foods in the form of introducing health and health knowledge.

It is not allowed to create public opinion for commercial marketing

The "Guidelines" also require that operators of live streaming rooms, live streaming sales personnel and live streaming sales service agencies should adhere to the correct political direction, public opinion orientation and value orientation, and not engage in commercial marketing by violating public order and good customs or creating social public opinion. They should consciously oppose illegal and unethical phenomena, traffic supremacy, distorted aesthetics, "fan circle" chaos, materialism, food waste, and pan-entertainment. They should consciously strengthen the construction of professional ethics, strengthen social responsibility, establish a good image, and maintain a positive and healthy live streaming environment. They should inspect the products marketed in live streaming, and not sell or promote products or services that are prohibited from production and sale, online transactions, and commercial promotion by relevant laws and regulations.

Livestreamers should regulate their own behavior and promote goods or services to the public in accordance with the law. A relevant person in charge of the Municipal Market Supervision Bureau said that individuals must be at least 16 years old to conduct livestreaming, and minors aged 16-18 need the consent of their guardians; livestreamers should dress appropriately and use civilized language, and must not harass, slander, abuse or intimidate others. The legitimate rights and interests of others must not be infringed; the price, name, origin, producer information, performance, important parameters, specifications, grade, production date, shelf life and other information of the goods promoted in the livestream must be consistent with the graphic information of the goods.

It is reported that cross-departmental comprehensive supervision of "live streaming with goods" has been included in the city's key task list for in-depth promotion of integrated comprehensive supervision. Led by the Municipal Market Supervision Bureau, it will work with the Municipal Party Committee's Cyberspace Affairs Office, the Municipal Radio and Television Bureau, the Municipal Public Security Bureau, the Municipal Culture and Tourism Bureau, the Municipal Ethnic and Religious Affairs Commission, and the Municipal Cultural Law Enforcement Department to carry out coordinated supervision to jointly regulate live streaming with goods and promote high-quality development of the industry. The "Guidelines" will further enrich the "toolbox" of cross-departmental comprehensive supervision of "live streaming with goods", promote the establishment of a transparent and predictable normalized supervision system, drive all parties involved in live streaming with goods to operate in compliance, and jointly maintain a good online trading order. Text/Reporter Wang Wei