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MCT to Regulate Online Performance Brokerage Agencies

Wed, 13 Oct 2021
Categories: China Legal Trends

On 30 Aug. 2021, the “Administrative Measures for Online Performance Brokerage Agencies” (hereinafter “the Measures”, 网络表演经纪机构管理办法) issued by the Ministry of Culture and Tourism (MCT) entered into force. The Measures sets out stricter requirements over the business qualification, control over the performance content, online anchor management, and internal staff management of online performance brokerage agencies. The Measures also grants an 18-month transition period. An entity will not be punished if it engages in online performance brokerage activities without obtaining the relevant qualification within 18 months. 

The content providers of online performances mainly include operators of online performances, online performers, and online performance brokerage agencies. Online performance brokerage agencies connect live-streaming content producers with broadcast channels, but they have been in a regulatory gap for a long time. The Measures closes this regulatory gap.

According to the Measures, an online performance brokerage agency mainly provides anchors with certain brokerage services such as the signing of a contract, promotion and representation, and provides business services such as the organization, production and marketing of the online performance contents. At the same time, it provides online performance entities with anchors suitable to give online performances and takes charge of the daily management of anchors.

An online performance brokerage agency shall bear the following obligations for online performers in accordance with the Measures: (1) to verify the identity of the performers by effective means like face-to-face interviews and video calls within the scope permitted by the Personal Information Protection Law, so as to avoid the imposture; (2) to sign a written contract with the performers; and (3) to strengthen education and training for the performers, inform them of the laws, regulations and professional ethics that they shall abide by, and forbid the appearance of any illegal or irregular content in their live-stream.

 

 

Cover Photo by Vincent Tint (https://unsplash.com/@cmc_sky) on Unsplash

Contributors: CJO Staff Contributors Team

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