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Media Related Policy and Regulation Updates 2021Q1

群邑智库 · 公众号 · · 2021-04-14 18:00

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In this issue of Media Express, we listed latest key updates of media related policies and regulations in 2021Q1. The draft outline of the 14th Five-year Plan announced the instructive goal of “Accelerating digital development and building the digital China” to guide the government supervision from scatters to integration, and to establish a benign environment with rules. In recent years, there have been signs of unfair competition in Internet industry, and antitrust is one of the regulatory priorities now and in the future. The information security continues to maintain the supervisory key position, and the privacy protection and the information security management standards step into deeper phase. In addition, regulatory oversight of Internet finance and transactions, standardization of live streaming marketing， and regulation of mobile internet advertising will continue to be strengthened.

Key takeaways are as below：

To build a healthy digital ecosystem, policies and regulations go from scattered to integrated: led by the draft of “14th Five-year Plan”, government supervision is tended to ensure the development of digital economy.

The antitrust action goes deep into the Internet industry to curb the unfair competition: Internet companies have gained market advantage while providing services, but the unfair competition problem has become increasingly prominent and damaged the market innovation; The antitrust issue in platform economy domain turns to the primary supervision now and in the future.

The government and the market have jointly pushed forward the safety and protection of personal information into the in-depth stage: ongoing new laws, detailed regulations, industry guidance and platforms jointly build the basis of standardization privacy protection management.

Live-streaming marketing and App advertisement continue to improve with better regulations: policies guaranteed online economic and supervised online transactions; live-streaming marketing focused on reward behavior; APP advertising rectification focus on open screen ads reforming.

To build a healthy digital ecosystem, policies and regulations go from scattered to integrated with strengthening global cooperation:

Released at the two sessions of the national economic and social development of the People's Republic of China, The 14th A Five-year Plan And 2035 Vision Outline (Draft) proposed to “embrace the potential of the digital era, activate data elements, push forward the construction of the network and speed up the construction of digital economy, the digital society, government.” The evolution in production, live-hood and governance would be driven by digital transformation therefore, the goal of regulation is to attach equal importance to regulation, promote the integration of development and standardized management, build a sound system of digital rules, and create a digital ecosystem that is standardized, orderly, open, healthy and secure.

Furthermore, at the World Internet Conference 2020, the organizing committee revealed the Action Initiative Of Building A Community Of Shared Future In Cyberspace , which aims to promote global development of the digital economy and make the digital dividend could be shared around the world, also, it explores global communication and cooperation in various dimension.

Left： The 14th A Five-y ear Plan And 2035 Vision Outline (Draft)

RIght： World Internet Conference released The Blue Book

The antitrust action goes deep into the Internet industry to curb the unfair competition:

In December 2020, the SAMR imposed administrative penalties in accordance with the Antitrust Law on three enterprises, Alibaba Investment, Yuewen Group and Fengchao Network, for failing to report illegal concentration cases. The move sent a clear signal to the market to “Strengthen anti-trust and prevent disorderly expansion of capital” , which is also in line with the global trend of anti-trust regulators to step up censorship of large Internet technology giants.

n 2021, the State Council formulated and issued the Anti-trust Guide of the Anti-trust Committee of the State Council on the field of platform economy to define the market involved in the platform economy and clarify that the potential antitrust issues should be analyzed by case. Many of the detailed provisions is to prevent e-commerce, delivery platforms OTA platforms and O2O service platforms leverage their own data from abusing community group purchase pricing power, blocking user data with high barriers across platforms and other frequent problems. The guide also covers the regulation of collaborative behavior among enterprises in the industrial chain, the strengthening of merger and acquisition censorship of Internet platforms and the regulation of abuse of market dominance by large enterprises against the rights and interests of enterprises and small enterprises within the platform.

The Internet industry and platforms have the advantages of scalable economy and network externality, those companies obtain diversified information such as the transaction, huge volume of customer data resources and market share. While maximizing the network effect and market efficiency, it is easy to reach the “winner-takes-all” situation, and then form the capital advantage of investment and M&A and maintain monopoly for a long time. The Internet enterprises roared without strict regulation in the past, but now it start entering the new stage as exposed problems of monopoly enterprises restraining innovation and competition, damaging consumer welfare and so on.

With the increasing proportion and importance of digital economy, maintaining competition freedom with well organized and refining market structure are the goals of antitrust. And this guidance document, indicates the direction of antitrust action in Internet domain and will push forward the amendment of the antitrust law in the foreseeable future.

The government and market jointly push personal information security protection enter a phase:

After the two-year action of APP illegal collection and use of personal information, referring to the practical experience of “The Identification Method Of Collecting And Using Personal Information Illegally By App” and “The Self-assessment Guide For Collecting And Using Personal Information Illegally By App” four government departments formally promulgated The Regulations On The Scope Of Necessary Personal Information For Mobile Internet Applications in March, which will take effect in May 2021. The regulation aims to solve the problem of Apps collecting personal information exceed the scope, regulate the collection of personal information of mobile Internet Applications (apps) , and ensure the security of personal information of citizens. The regulations state that implied to apps and mini-programs, clarify the scope of necessary personal information and emphasize the principles of “Informed consent" and “minimum necessity”, and operators cannot deny users access to the basic features of the App if the do not consent provide their personal information.

It is worth to notice that, except for specific information collection requirement of the above App categories, Apps internet users frequently use live streaming, OTV, short videos, news feeds, browsers, input methods , and daily-use Apps as safety management, e-books, photography beautification, sports and fitness, app stores, utilities, women’s health , those 13 categories of services should not ask for personal information if users only want basic functional services. However, these 6 kinds of services such as online community, online games, online education, O2O local services, email, cloud disk and remote conference network should ask for the registered user’s cell phone number ONLY as the necessary personal information.

The implementation of this regulation will affect the product positioning, UX design adjustment, user growth strategy and commercial development based on user profile of each App as short-term influence, at the same time may affect the Internet giant corporations’ business development and investment or M&A strategy.

The Civil Code of the PR China , which came into force at the beginning of 2020, clearly defines the principles and conditions for handling personal information of citizens, with the consent of the person or his/her guardian. At the same time, several laws and regulations concerning the security and protection of personal information are being gradually improved. Though this year’s CCTV “3.15”GALA revealed the challenges. Many offline stores have installed facial recognition cameras, and without informing consumers, the illegal collection and used of face data clearly defined as sensitive information of personal biometric information, which can be labeled and used as marketing tools to obtain consumption records and shopping preferences and others. Now the government has intervened already.

Left：" 3.15" Consumer Protection GALA revealed illegal collection and usage of face data

RIght： Apple provide SKAdNetwork advertising solutions after iOS14.5

Going with the global trend of protecting users’ data and privacy, companies that control users’ data, such as hardware manufacturers of smart devices and Internet giants, have introduced new privacy protection policies or technologies. Though, the lack of accurate user profiles and data will have a profound impact on the contemporary digital advertising industry and marketing strategy.

Of course, Apple has officially introduced Skad Network as an advertising solution after iOS 14.5 when the new IDFA and ATT policies take effect, and Google plans to replace third-party cookies with Privacy Sandbox that protects users’ privacy while allowing for personalized ad placement and ad analysis. China’s major Internet companies and third-party data analysis vendors are working on new privacy rules to provide advertisers with attribution tools or services basing on their own data to maintain advertising market. The CAA plans to introduce CAID and release “Mobile Internet Advertising Identification Technical Specification” to replace Apple’s iOS IDFA to track users. But CAID can’t be used as a uni-ID, and there is a risk that break the ATT rule and then it might be removed.

Regulations and policies continuous to protect online economy and security of online transaction, live-streaming marketing and App advertisement continue to improve with better regulations:

In November 2020, the three departments of CAC, SAMR, and SUNAT jointly convened Administrative Guidance Meeting To Standardize Online Economic Order, and those departments continuously to push rectification of online platform monopoly, unfair competition, illegal activities, refusal various fraudulent acts, and require merchant operators do not post pompous goods through live-streaming or sales reports, falsely increasing traffic, and strict control over the disclosure and misuse of personal data.

On March 15th the 2021 national SAMR announced rules on The Supervision And Administration Of Online Transactions, which regulate online sales via social networkand live streaming and so on. This document covers social e-commerce, live streaming and other online trading activities, defines merchant operator clearly, provide protection to small business and gig job labors, focuses on platform responsibility issue, maintains the consumer right to purchase goods independently without bundle sales, emphasizes the personal information protection and so on.

In February, the seven departments of the state jointly Issued The Guiding Opinions on Strengthening The Standarized Management Of Live Streaming , which aims to further strengthen the guidance and regulation in live-streaming industry and business management, with a focus on standardizing the online rewards, promoting the classification of anchor accounts, upgrading the positive content of platforms, and facilitating the high-quality development of the live streaming industry. The guidance stressed the need to consolidate the responsibility of the platforms, implement the content review, and internal emergency response and other systems; it also clarified the legal responsibility of the anchor, including control the content and do not release information in violation of regulations, it shall not accept rewards from minors without the consent of their guardians (minors may request the return of rewards) ; and it shall enforce the user’s behavior: civilized interaction, rational expression, reasonable consumption, and prohibit the false traffic or interaction.

In addition, the CAC is in the process of refine live-streaming marketing regulation. As a professional organization, CAA continues to help marketers with live-streaming marketing, and lately, it has released The Live-streaming Goods Selection Guidance And Specification intended to provide guidelines. The regulations require marketers to ensure qualifications and after-sales service, list live streaming marketing verbal standards without exaggerating products.

Left： Live streaming marketing entry regulatory refinement phas e

RIght： App Opening Ads skip button an d click zone redesign

The Ministry Of Industry And Information Technology has pushed forward a special rectification action against apps infringing the users’ rights. In line with the “Norms For The Minimum Necessary Assessment Of Personal Information Collected And Used By Apps,” the ministry has required the media to regulate and adjust App advertising, these include fixing barriers for users to close ads, display time too long, or trick users into clicking. Each App responded quickly to adjust the click and skip of opening screen, in-feeds, and pop-out advertising and explicit jump third-party app/page. In short-term, it would impact on ads material design, and affect a series of indicators and advertising marketing effectiveness evaluation, the need for a tripartite solution. In the long run, it will drive the optimization of advertising creativity, the logical design of digital advertising marketing path, and the evaluation criteria for adjusting the effectiveness of measurement.

The Internet content as well as service management continue to keep pace with the times:

In terms of content, the revised Provisions On The Administration Of Public Account Information Services For Internet Users have been formally implemented to promote the healthy and orderly development of public account information services. Other media and content policies and regulatory updates will continue to be launched in the follow-up media express this year, please stay tuned.

Media Related Policy and Regulation Updates 2021Q1

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