General Administration of market supervision wears “tight hoop” for live broadcasting

The upsurge of live broadcasting will usher in more specific regulatory measures. On March 16, the website of the State Administration of Market Supervision announced that in order to improve the supply quality of live broadcast products and protect the rights and interests of consumers, the State Administration of market supervision has recently carried out administrative guidance on improving the product quality of live broadcast platforms.

The General Administration of market supervision has put forward six requirements for the live broadcasting platform. First of all, it is necessary to improve the quality awareness, build a solid foundation for the sustained, healthy and high-quality development of the live broadcasting economy; be a model of learning and abiding by the law, implement the product quality law, standardization law, consumer protection law, e-commerce law and other laws and regulations, and effectively enhance the consciousness of abiding by the law and compliance, and develop in accordance with the law.

At the same time, it is necessary to carry out reform, and each live broadcasting platform should quickly carry out self-control and comprehensive inspection on the quality of live broadcasting products. For the products with quality problems and the anchors with goods involved, we should deal with them at the first time, draw inferences from one instance and prevent other quality problems. We should strive to create a “quality live broadcast”, focus on strengthening the internal product quality control of the platform, establish rules and regulations, and give play to the disciplinary and binding force of credit, and strive to provide consumers with high-quality products and services.


The State Administration of market supervision puts forward six requirements for live broadcast platform

In addition, we should establish a “green channel” for consumer complaints, respond and handle consumer complaints in a timely manner, and actively cooperate with relevant government departments to do a good job in product quality supervision.

An epidemic has not only stimulated the potential of new Internet consumption patterns such as live broadcast, but also caused many disadvantages. According to the relevant data released by the State Administration of market supervision in 2020, a total of 25500 “live” complaints and reports were received by 12315 platforms across the country, of which “live with goods” accounted for nearly 80%, with a year-on-year increase of 357.74%, saving 8.3553 million yuan of economic losses for consumers.

China Consumer Association pointed out that the disadvantages of live broadcasting with goods are mainly concentrated in two aspects. One is the number of visitors, sales data, etc., which has formed a fake industry chain. Secondly, the competition from the same industry, such as malicious swiping, fancy kicking and false reporting, has polluted the live broadcast ecology.

In response to the chaos of live broadcasting, in November 2020, the State Administration of radio, film and television of the people’s Republic of China (SARFT) and the State Administration of market supervision successively issued the “guidance on strengthening the supervision of online live broadcasting marketing activities” and “notice on strengthening the management of Online show live broadcasting and e-commerce live broadcasting” to strengthen the guidance and standardization of online show live broadcasting and e-commerce live broadcasting.

On March 15, the State Administration of Market Supervision issued the “measures for the supervision and administration of online transactions” (hereinafter referred to as the “measures”) to restrict live broadcast and other online transactions from four aspects: online transaction operators, online transaction platform operators, supervision and administration, and legal liability. The measures emphasize that in the field of live broadcasting, the live video of online trading activities shall be kept for at least three years from the end of live broadcasting.

According to the State Administration of market supervision, as an important department regulation to implement the e-commerce law, the measures are of great practical significance in improving the regulatory system of online transactions, continuously purifying the online transaction space, maintaining the order of fair competition in online transactions, and creating a safe and secure online consumption environment.

However, when it comes to supervision, the rapid development of new models such as live broadcasting inevitably makes supervision seem inadequate. According to tianyancha data, as of the first three quarters of 2020, there were more than 39000 live broadcast related enterprises nationwide, including nearly 25000 new ones, an increase of 565.32% over the same period last year. AI media consulting predicts that by the end of 2020, China’s online live broadcast users will reach 526 million, and China’s live broadcast e-commerce market will reach 961 billion yuan.

In order to improve the law enforcement chain and promote the implementation of supervision measures, the measures emphasize that platform operators must provide identity information, commodity or service information, payment records, logistics express, return and exchange, after-sales and other transaction information related to operators in the platform. In addition, operators who provide other services such as publicity and promotion, payment and settlement, logistics and express delivery, network access, server hosting, virtual host, cloud services, website and webpage design for network transaction operators are also obliged to assist market regulatory authorities in investigating and dealing with network transaction violations in accordance with the law and providing relevant data and information they have.

Xue Jun, Professor of Law School of Peking University and director of e-commerce law research center of Peking University, believes that through the above provisions, the problems of “black box” of relevant transaction records on the platform and difficulty for law enforcers in the supervision and law enforcement of online trading market are expected to be eliminated. In addition, he also said that the future supervision of the online trading market is mainly manifested in the monitoring, early warning, directional forensics and follow-up processing of possible abnormalities in online trading through technical means.

Beijing Business Daily reporter Zhao Qian

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