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Changes in media landscape under the impact of COVID-19 pandemic have also accelerated the follow-up regulatory. As a factor of production, data and personal information security protection has become the focus. Live streaming has become the industry standard and an important marketing tool. Meanwhile the and the hidden troubles in the industry has quickly become the target of rectification and regulation. The increasing demands of online learning and entertainment from young kids and adolescents also call for action to guarantee the safety of network environment, and the supervision of media and content by relevant departments has become increasingly strict and meticulous. In this issue of Media Express, we summarized several key points from Media Related Policy and Regulation Updates in November 2020, including interpret recent regulatory changes in terms of thinking of supervision, platform supervision, content supervision and corresponding suggestions.
Key takeaways are as below
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Confirm the direction of “promoting development and guiding by regulations” at the same time:
The digitalization and online development of media and content continue to advance rapidly under the catalysis of pandemic situation.
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Combined laws and regulations emphasize the importance of personal information security protection along with the trend of digitalization
: the Draft Personal Information Protection Law indicates that personal information security is about to enter a new chapter.
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The supervision of live streaming has been standardized gradually, and the control of content and the rectification of disorder have become the focus of supervision
: government supervision, industry guidance and platform self-discipline jointly build the basis of content standardization management.
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Internet content regulation should not stop, and the safety of adolescent usage has become urgent
: The CAC and other departments jointly carried out the actions to purify the Internet environment, and network protection regulations will be added into underage protection laws.
Confirm The Direction of “Promoting Development and Guiding by Regulations” at The Same Time
At the end of 2020, the Fifth Plenary Session of the nineteenth CPC Central Committees was convened. It adopt the CPC Central Committee recommendations for formulating the 14th five-year plan for National Economic and Social Development and the 2035 long term goals, and proposed important measures: including innovation in science and technology, the power of digitalization to boost economic development, domestic circular joint foreign cooperation, simultaneously pushing urbanization and rural development, cultural market prosperity and export of international influence, optimizing social reform and improving people’s quality of life. The digital economy has become one of the pillars of the new economy and a driving force for overall economic and social progress. In the process of digitalization, we should encourage the coordination with regulations, including the establishment of digital government, smart city and digital village, to release the digital vitality and share the earned digital dividend. At the same time, the network security review measures, which have been formally implemented, and the anti-monopoly guide on the platform economy that to protect the healthy development of the digital economy and social stability.
to ensure the security of the supply chain of critical information infrastructure, maintain national security and ensure the safety of the usage of the Internet, and to build the important safeguard for the digitalization of the industrial chain
News Sources: CAC，Picture Credit: FREEBUF
to guide the direction of prevent monopoly in the platform economy, guide the operators in the platform economy to operate in accordance with the law and promote the sustainable and healthy development of the online economy
Combined the laws & regulations, and emphasize the importance of personal information security protection along with the trend of digitalization
Personal Information and privacy security have become the focus of platform supervision this year. Various laws and regulations have joined forces to build comprehensive protections of the law and regulation and continue to refine the supervision of personal information and privacy security , and gradually cover all channels and platforms. On October 21st,2020, the draft law on the protection of personal information openly request opinions. In an era when big data about the attribution of personal information has become the basis of value measurement for means of production and platforms, the law regulates the use of open data and the automation of decision-making, emphasizing both the protection of personal information security and compliance with digital trends.
Highlights from the Personal Information Security Protection Law (Draft)
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The scope of application is extended: the scope of application of the draft law is based on the principle of territory, and the law has the effect of “long-arm jurisdiction”
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Nine rights are granted to the subject of personal information: The right to know, to decide, to limit and refuse, to consult, to copy, to correct, to delete, and the right to ask the processor of personal information to explain the rules of personal information processing, and it requires the processor of personal information to establish a mechanism for accepting and processing applications for exercising personal rights
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Establish seven principles of personal information processing: referring to domestic laws and regulations and GDPR clause to establish seven principles of “legitimacy, clarity of purpose, minimum necessity, openness, transparency, accuracy, accountability and data security”
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Regulating open access to data and automated decision-making: The draft gives individuals the right to make decisions automatically if they consider that they have a significant impact, require the processor of personal information to account for and deny it the right to make decisions solely through automated decision-making
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To regulate the handling of personal information by government departments: In the light of a large amount of personal information obtained and handled by public authorities during the pandemic, a special section regulates the handling of personal information by government departments
The “Information Security Technology and Personal Information Security Standard” which is formally implemented in October this year is a guideline document for the protection of personal information at the level of national standards. The code clearly stipulates personal information and sensitive personal information, strengthens the initiative and right to know of the subject of personal information, ensures the security of personal information, and improves the protection of biometric information, as well as the specification and the restriction user portrait use and the personalization display use.
Since 2019, the Governance On The Illegal Collection and Use Of Personal Information By APP has been launched, in coordination with the Identification Method For The Illegal Collection And Use Of Personal Information By APP and The Self-evaluation Guide For The Illegal Collection And Use Of Personal Information By APP. But there is still a long way to go before the mobile APP market continues to expand and grow. Future work will focus on scientific assessment, the promotion of safety certification system and technical tools, and the supervision and guidance parallel to the comprehensive governance.
Brand Advertising and Marketing Inspiration Under the Trend of Personal Information and Privacy Protection
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With the rise of private domain traffic, the data storage controlled by the brands becomes an important concern
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Local security assurance with expiration
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As advertising and brand marketing marching to online, handling the personal information safely become the norm
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Using anonymous and de-identified data cleaning, data desensitization processing
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The automated analysis and decision-making upon personal information of Internet advertising will be affected
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Guarantee the consent and disagreement
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The user portrait should be in legitimacy, the data processing should be accurate and eliminate identity directivity, and the principle of data minimization
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Ensure data output to the third party with compliance and security by controller, and reduce the risk in the process of data flow
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Guarantee the consent and disagreement
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Check the qualification of the third party, and assess risks in third-party data processin
The protection of consumer rights and personal information will gradually cover all platforms and channels, with detailed regulations and supervision
The China Electronic Video Industry Association issued the Smart TV Startup Advertising Service Specification, making it clear that manufacturers must inform consumers that the smart TV has a startup advertising service, and that the total duration of the startup advertising should not exceed 30 seconds, and the ads can be skipped. Jiangsu Consumer Protection Commission and the China E-Commerce Association jointly formulated and issued the “Smart TV Startup Advertising Technical Specifications (draft)” , which requires that the startup advertising can be closed. However, due to the limited authority and the actual situation of the current smart TV market, the setting of the advertisements of most brands is still far from the requirements of the norms, it is still driven by the self-discipline of smart TV brands.
Source: CCTV13 Weekly Quality Report, Smart TV Boot Advertising Survey
Apple announced a new transparency framework for tracking App information regarding the iOS 14 privacy policy update at WDCC, as the IDFA reform will profoundly affect the business model of Apps. While this privacy policy update has limited impact on the China mobile advertising market due to iOS share and the Chinese Internet giants’ respective ecosystem and ID system, it needs to be taken seriously.
Sorted by GMK
Ad tracking can be turned off under IOS 14’s updated privacy settings; The first time you open an App after iOS 14’s update requires manual permissions setting
The Ministry of Culture and Tourism issued the “Interim Provisions on The Management Of OTA Platforms” in response to the problem of “ The more I spend, the more expensive” , making it clear that OTA operators must not show different prices of the same product or service for different consumer, thus to protect consumer rights and ensure consumer data is not abused.
Sorted by GMK
The price of members is higher than that of non-members on hotel reservation platform
The supervision of live streaming has been standardized gradually, and the control of content and the rectification of disorder have become the focus of supervision
Entertainment live streaming is the way to communicate and show creative ideas for Internet users and organizations. Monitoring the content of the live streaming process and hosts is an important means to ensure the development of the content environment. In this year, live streaming has already turned into a marketing tool to speed up commercial monetization and match multiple media such as E-Commerce, short video, and social media, and that requires government and industry association to step in to regulate advertising and marketing, as well as the platform coordinates and establishes the self-examination system and the announcement system which is helpful to realize the social supervision.
And in early November, the General Administration of Marketing Supervision Issued Live Marketing Supervision Guidance, clarified that “platforms, commodity operators and live streamer” are three main types of legal liability.
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Supervision and rectification by government agencies: The eight departments of the government initiated a regulatory project in June to crack down on vulgar, pornographic, gambling and other illegal information in the online live streaming industry, blacklisted the hosts violating rules
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The government and the industry associations will jointly regulate and guide: CAC will study and formulate the classification management standards for host accounts; China Advertising Association issued the Code of Conduct for Network Live Streaming Marketing; the online performance (live streaming) branch of China's Performance industry Association will introduce detailed guidelines on awarding rewards for live streaming
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Seven principles of personal information processing are established: seven principles of "legality, clarity of purpose, minimum necessity, openness and transparency, accuracy, accountability and data security" are established
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The platform shall conduct self-examination by laws and regulations: establish a self-examination system of the content supervision platform and regularly announce the results of self-examination; Establish a human content review team; leverage AI such as image recognition, a rapid response intelligent audit system is established
Internet content regulation should not stop, and the safety of adolescent usage has become urgent
Since the Regulations on Governance of Network Information Content officially came into effect on March 1 this year, various platforms have carried out self-inspection and self-correction against the requirements of the Regulations and the guidance of the CAC and have targeted to strengthen the work of governance in combination with the platform-specific aims to achieve certain results.
From July to October, the CAC strengthened the standardized management of “we media”, focusing on promoting the classification of public accounts on 13 major platforms, including WeChat and Weibo, with the goal of achieving local management, accurate management and credit management. The platforms shall not publish Internet news and information illegally compiled by “we media” and or push in pop-out window. Further, the industry standard management of knowledge-sharing platforms, so as to realize the purpose of sharing knowledge rather than spreading falsehood. In November, the CAC focused its efforts on "paid deletion" of online posts and "soft pornography". In addition, a special campaign has been launched to combat the spread of illegal information and illegal services such as pornographic, violence, terrorism and bloodshed, and false advertisements in some mobile applications.
