Brokerage agencies and brokers in the radio, television and network audio-visual fields shall not release or hire marketing numbers to release harmful information that may cause fans to tear each other apart, trample on each other and lead wars. On May 30, the State Administration of radio and television issued a notice on printing and distributing the measures for the administration of brokerage institutions in the field of radio, television and network audio-visual services**
The measures for the administration of brokers in the field of radio, television and network audio-visual services stipulates that brokers and brokers in the field of radio, television and network audio-visual services shall be honest and trustworthy, and shall not carry out false, deceptive or misleading business publicity.
The measures point out that brokerage agencies and brokers in the field of radio, television and network audio-visual should strengthen the daily maintenance, supervision and management of official fan groups, support groups and other accounts of service objects. Relevant account numbers shall be authorized or certified by the brokerage institution. A brokerage institution shall not authorize minors to act as group owners or managers of relevant account numbers.
According to the measures, brokerage agencies and brokers in the radio, television and online audio-visual fields shall strictly regulate information release, and shall not release or hire marketing numbers to release harmful information that may cause fans to tear each other apart, step on each other and lead wars. They shall not hype by rewarding rankings, brushing volume control reviews, making up facts, rumor attacks, and shall not induce fans to consume by false consumption, taking the lead in rewarding, and raising funds in response to assistance.
In addition, the measures point out that brokerage agencies and brokers in the radio, television and network audio-visual fields should pay taxes according to law, truthfully handle tax returns, and fulfill their obligations of tax payment and withholding according to law. Brokerage agencies and brokerage personnel shall urge, remind and assist the service objects to pay taxes according to law, and consciously resist the non-standard signing methods for the purpose of tax evasion or that may lead to tax evasion.
The measures shall come into force as of June 30, 2022.
Circular of the State Administration of radio and television on printing and distributing the measures for the administration of brokerage agencies in the field of radio, television and network audio-visual services
Radio and television bureaus of all provinces, autonomous regions and municipalities directly under the central government, culture, sports, radio, television and tourism bureaus of Xinjiang production and Construction Corps, departments and units directly under the General Administration:
The measures for the administration of brokerage institutions in the field of radio, television and network audio-visual services have been deliberated and adopted at the executive meeting of the State Administration of radio and television, and are hereby printed and distributed to you. Please carefully implement them in light of the actual situation.
State Administration of radio and television
May 20, 2022
Measures for the administration of brokerage agencies in the field of radio, television and network audio-visual services
Article 1 in order to regulate brokerage activities in the field of radio, television and network audio-visual, strengthen the management of brokerage agencies and brokerage personnel, clarify the rights and obligations of brokerage agencies and brokerage personnel, and ensure the healthy and orderly development of the radio, television and network audio-visual industry, These measures are formulated in accordance with such laws and regulations as the network security law of the people's Republic of China, the regulations on the administration of radio and television, the Interim Provisions on the administration of the qualifications of radio and television editors, reporters, announcers and hosts, the provisions on the administration of the production and operation of radio and television programs, and the provisions on the administration of Internet audio-visual program services.
Article 2 the term "brokerage agencies in the field of radio and television and network audio-visual" as mentioned in these Measures refers to agencies established according to law to provide contract signing, promotion, agency and other related activities for actors, guests, hosts, network anchors and other personnel participating in radio and television and network audio-visual programs.
The brokerages in the radio, television and network audio-visual fields mentioned in these measures include those engaged in brokering activities in the above-mentioned institutions and individual brokerages.
Article 3 brokerage agencies and brokers in the field of radio, television and network audio-visual shall abide by the constitution, laws and regulations, follow public order and good customs, adhere to the correct political direction, public opinion guidance and value orientation, carry forward the core socialist values and perform social responsibilities.
Article 4 the administrative department of radio and television under the State Council shall be responsible for the supervision and administration of brokerage agencies and brokerage personnel in the field of radio and television and network audio-visual throughout the country.
The radio and television administrative departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of the brokerage agencies and brokers in the radio and television and network audio-visual fields within their respective administrative areas.
Article 5 brokerage agencies and brokers in the radio, television and network audio-visual fields shall be honest and trustworthy, and shall not carry out false, deceptive or misleading business publicity.
Article 6 in the field of radio, television and network audio-visual, a brokerage institution shall establish a labor relationship with its brokers. When a brokerage institution or an individual broker provides brokerage services to its clients, it shall conclude a written contract to reasonably stipulate the rights and obligations of both parties.
Article 7 when providing brokerage services in the field of radio, television and network audio-visual services, brokerage institutions and brokers shall verify the identity of the service object; Where a service object needs to have relevant professional qualifications or service qualifications, it shall be verified.
Article 8 the collection, processing and use of personal information by brokerage agencies and personnel in the radio, television and network audio-visual fields shall comply with the relevant laws and regulations of the state.
Article 9 when providing brokerage services for minors, brokerage agencies and personnel in the radio, television and network audio-visual fields shall obtain the prior consent of their legal guardians. It is not allowed to provide brokerage services for minors by means of intimidation, deception or bribe.
When providing brokerage services for minors, brokerage agencies and personnel shall abide by the provisions of state laws, protect the minors' legal rights and interests such as personal rights, property rights, education rights and rest rights according to law, and shall not organize minors to engage in activities that endanger their physical and mental health.
Article 10 brokerage agencies and brokers in the radio, television and network audio-visual fields shall not provide brokerage services for the service objects to participate in the following programs:
(1) Violating the basic principles defined in the constitution, inciting resistance or sabotaging the implementation of the constitution, laws and regulations, and distorting and negating the advanced socialist culture;
(2) Endangering national unity, sovereignty and territorial integrity, divulging state secrets, endangering national security, harming national dignity, honor and interests, and promoting terrorism, extremism and nihilism;
(3) Slander the excellent traditional Chinese culture, incite ethnic hatred and discrimination, infringe on ethnic customs, distort national history or historical figures, hurt national feelings and undermine national unity;
(4) Distort, vilify, blaspheme and negate revolutionary culture, the deeds and spirit of heroes and martyrs;
(5) Violating the state's religious policies and propagating cults and Superstitions;
(6) Endangering social morality, disrupting social order, undermining social stability, promoting obscenity, gambling and drug abuse, exaggerating violence and terror, abetting crime or teaching criminal methods, and advocating discrimination on the grounds of race, nationality, region, gender, occupation, physical and mental defects;
(7) Damage the physical and mental health of minors;
(8) Insulting or slandering others or spreading others' privacy, thereby harming the legitimate rights and interests of others and the public interest;
(9) Other contents prohibited by laws, administrative regulations and departmental rules.
Article 11 a brokerage institution in the field of radio, television and network audio-visual services shall, according to the characteristics of the industry, reasonably allocate brokerage personnel that meet the business needs. In principle, the proportion of brokerage personnel to the number of service objects shall not be less than 1:100.
Article 12 brokerage agencies and brokerage personnel in the field of radio and television and network audio-visual shall strengthen the daily maintenance, supervision and management of the official fan groups, support groups and other accounts of the service objects. Relevant account numbers shall be authorized or certified by the brokerage institution. A brokerage institution shall not authorize minors to act as group owners or managers of relevant account numbers.
Brokerage agencies and brokers shall guide and regulate the behavior of fans, and shall not organize activities and gatherings that infringe upon the legitimate rights and interests of others, damage the physical and mental health of minors, or disrupt the normal social order.
Article 13 brokerage agencies and brokers in the radio, television and network audio-visual fields shall strictly regulate the release of information, and shall not release or hire the release of marketing numbers to cause harmful information such as fans tearing each other up, stepping on each other to lead wars, or hype by rewarding rankings, brushing volume control reviews, fabricating facts, rumor attacks, or induce fans to consume by false consumption, taking the lead in rewarding, or raising funds in aid.
Article 14 brokerage agencies and brokers in the radio, television and network audio-visual fields shall examine the advertisements endorsed by the service objects according to law, and shall not provide brokerage services for advertising cooperation with illegal contents.
Article 15 brokerage agencies and brokers in the radio, television and network audio-visual fields shall pay taxes according to law, truthfully handle tax returns, and perform their obligations of tax payment and withholding and payment according to law.
Brokerage agencies and brokerage personnel shall urge, remind and assist the service objects to pay taxes according to law, and consciously resist the non-standard signing methods for the purpose of tax evasion or that may lead to tax evasion.
Article 16 brokerage institutions in the field of radio, television and network audio-visual services shall regularly carry out education and training on policies, regulations and professional ethics for brokerage personnel and service objects, so as to enhance their political literacy, law-abiding awareness, professional ethics and professional quality.
Brokers shall consciously strengthen their study, constantly update their knowledge, and improve their comprehensive quality and professional ability; We should timely remind, urge and guide the service objects to improve their ideological and political level, establish a sense of the rule of law, strictly abide by professional ethics, improve their professional ability and assume social responsibility.
Article 17 If any broker or broker in the field of radio, television and network audio-visual services finds any illegal act of the service object, it shall immediately stop it, take measures such as stopping marketing and suspending brokerage services according to the seriousness of the case, and timely notify the relevant program production and broadcasting institutions and report to the relevant administrative departments.
Article 18 the radio, television and network audio-visual brokers' Association shall improve the industry self-discipline mechanism, formulate industry norms and self-discipline conventions according to the characteristics of radio, television and network audio-visual brokers' business, guide industry subjects to perform their social responsibilities, promote the construction of integrity, carry out business exchanges, strengthen vocational training, safeguard the legitimate rights and interests of brokers and brokers in the radio, television and network audio-visual fields, and standardize the development order of the industry.
Article 19 the administrative department of radio and television shall strengthen the construction of brokerage personnel in the field of radio and television and network audio-visual, and guide trade associations and brokerage institutions to carry out education and training.
Article 20 the administrative department of radio and television shall, as necessary, supervise and inspect the implementation of these measures by brokerage institutions and brokers in the field of radio and television and network audio-visual.
Brokerage agencies and brokers in the radio and television and network audio-visual fields shall cooperate with the radio and television administrative departments in their supervision and inspection according to law, including truthfully providing relevant materials and providing technical support.
Article 21 in the field of radio and television and network audio-visual, the administrative department of radio and television shall, in conjunction with relevant departments, investigate and deal with the illegal acts of brokerage institutions and brokerage personnel, or cause chaos in the "rice circle", data fraud, violation of public order and good customs, and corruption of the industry atmosphere in accordance with the law, and record and publicize them in accordance with the law and regulations.
Article 22 If anyone violates these measures, fails to perform the relevant duties or fails to perform the duties in place, the radio and television administrative department may interview the legal representative, the main person in charge and the relevant brokerage personnel of the brokerage institution; If the circumstances are serious, the offender shall be punished in accordance with the provisions of relevant laws, regulations and rules on radio and television and network audio-visual.
Article 23 a brokerage institution in the field of radio and television and network audio-visual shall obtain a radio and television program production and operation license in accordance with the provisions on the administration of radio and television program production and operation. Where laws and regulations provide otherwise, such provisions shall prevail.
Article 24 These Measures shall come into force as of June 30, 2022.