BT-REQ-1940 Consumer Holiday Guide 2023 v9 BH - Flipbook - Page 25
at clarifying the legal liabilities of the
relevant parties in the livestreaming
business. Most importantly, in March
2022, the Supreme People’s Court of
China released its very 昀椀rst judicial
interpretation regarding internet
purchase disputes, in its Provisions of
the Supreme People’s Court on Several
Issues Concerning the Application of
Law in the Trial of Cases of Disputes
over Online Consumption (I). These
Provisions contain several articles
regarding the liabilities of livestreaming
marketing platforms and livestreaming
studio operators, providing speci昀椀c
rules for when the consumer’s interests
are harmed during or after the
acquisition of products via livestreaming
marketing. Furthermore, in February
2023, the State Administration for
Market Regulation issued its Measures
for the Administration of Internet
Advertising, which sets out the liabilities
of livestreaming studio operators
and marketeers resulting from false
or misleading advertising conducted
during the livestreaming marketing
activities. For instance, the Measures
stipulate that a livestream marketeer
who makes a recommendation or
certi昀椀cation of goods or services in his
or her own name may be considered an
endorser, resulting in the application
of the rules for endorsers provided
by the Advertising Law (and related
regulations) to such activities.
Nevertheless, the increased scrutiny
and regulation of the livestreaming
business has not diminished its
enormous economic potential in China.
Foreign advertisers should consider
using this hugely popular method of
commercialization of their products,
while staying compliant with the
increased regulation. We have assisted
various clients with advice on their
advertising policies, and would be
happy to advise your company on any
livestreaming compliance questions you
may have.
Have a great China sales season!
