Ministry of Culture, Measures for the Administration of For-profit Online Performance Activities

Administration of the real-time transmission, or the uploading and transmission in audio and/or video format, by means of an information network, such as the internet, mobile communications network and mobile internet, of content such as the display or explanation of online game skills and techniques shall be effected with reference to these Measures (Article 2).

Main contents: An online performance operating entity shall require performers to register with their real names using a valid identity document, and use effective means such as interview and recorded video communication to verify the same (Article 9).

An online performance operating entity that wishes to activate a performance channel for performers from foreign countries, the Hong Kong Special Administrative Region, the Macao Special Administrative Region and/or Taiwan and provide online performance products to the public shall submit an application to the Ministry of Culture before activating such online performance channel (Article 10).

An online performance operating entity shall improve its user registration system and preserve user registration information (Article 12).

An online performance operating entity shall establish an internal inspection and oversight system and oversee online performances in real time. An online performance operating entity shall record the entirety of online performance video information, duly preserve the same for not less than 60 days and provide the same to a relevant department if so requested in accordance with the law.

An online performance operating entity that provides to the public non-real time online performance audio recordings and/or video (including those uploaded by users) shall itself stringently implement the procedure of reviewing the same first before placing them on line (Article 13).

Related legislation: Measures for the Administration of Internet Information Services and Tentative Provisions for the Administration of the Culture of the Internet

Promulgated: December 2 2016

Effective: January 1 2017

Applicability: For the purposes of these Measures, the term “online performance” means an internet cultural product arising from the real-time transmission, or the uploading and transmission in audio and/or video format, by means of an information network, such as the internet, mobile communications network and mobile internet, the main content of which is cultural or artistic performance activities that are carried on live.

The term “for-profit online performance activity” means the act of providing online performance products and services to the public for profit earned by means such as charging users a fee, e-commerce, advertising and sponsorship.

Administration of the real-time transmission, or the uploading and transmission in audio and/or video format, by means of an information network, such as the internet, mobile communications network and mobile internet, of content such as the display or explanation of online game skills and techniques shall be effected with reference to these Measures (Article 2).

Main contents: An online performance operating entity shall require performers to register with their real names using a valid identity document, and use effective means such as interview and recorded video communication to verify the same (Article 9).

An online performance operating entity that wishes to activate a performance channel for performers from foreign countries, the Hong Kong Special Administrative Region, the Macao Special Administrative Region and/or Taiwan and provide online performance products to the public shall submit an application to the Ministry of Culture before activating such online performance channel (Article 10).

An online performance operating entity shall improve its user registration system and preserve user registration information (Article 12).

An online performance operating entity shall establish an internal inspection and oversight system and oversee online performances in real time. An online performance operating entity shall record the entirety of online performance video information, duly preserve the same for not less than 60 days and provide the same to a relevant department if so requested in accordance with the law.

An online performance operating entity that provides to the public non-real time online performance audio recordings and/or video (including those uploaded by users) shall itself stringently implement the procedure of reviewing the same first before placing them on line (Article 13).

Related legislation: Measures for the Administration of Internet Information Services and Tentative Provisions for the Administration of the Culture of the Internet