SARFT: Brokerage agencies shall not authorize minors to act as account owners or managers of fan groups and other accounts

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Reporter | She Xiaochen

On May 30, the State Administration of Radio and Television issued the “Administrative Measures for Brokerage Institutions in the Field of Radio, Television and Online Audio-visual Fields” (hereinafter referred to as the “Measures”) . There are 24 articles in the “Measures”, which aim to regulate the brokerage activities in the field of radio, television and online audio-visual, strengthen the management of brokerage institutions and brokers, clarify the rights and obligations of brokerage institutions and brokers, and ensure the health and order of the radio, television and online audio-visual industries. develop.

The “Measures” clearly state that brokerage agencies in the field of radio, television and online audio-visual refer to those who are legally established to provide contract signing, promotion, agency and other related activities for actors, guests, hosts, network anchors and other personnel participating in radio, television and online audio-visual programs. institution. The brokers in the fields of radio, television and online audio-visual include those engaged in brokerage activities in the above-mentioned institutions and individual brokers .

In terms of labor relations, the “Measures” point out that when a brokerage agency in the radio, television and online audio-visual fields establishes a labor relationship with a brokerage, and when a brokerage agency or individual brokerage provides brokerage services to the service object, a written contract shall be concluded, and the rights and obligations of both parties shall be reasonably stipulated. .

In terms of minors, the “Measures” pointed out that brokerage agencies and brokers in the fields of radio, television and online audio-visual provide brokerage services for minors, and the consent of their legal guardians should be obtained in advance. Brokerage services shall not be provided to minors by means of intimidation, deception or bribes.

In addition, brokerage agencies and brokers in the radio and television and online audio-visual fields should strengthen the daily maintenance, supervision and management of the accounts of the official fan groups and support clubs of their service targets. The relevant account should be authorized or authenticated by the brokerage agency. Brokerage agencies shall not authorize minors to act as group owners or managers of relevant accounts.

Previously , the Central Civilization Office, the Ministry of Culture and Tourism, the State Administration of Radio and Television, and the State Internet Information Office jointly issued regulations on May 7 to strictly control minors from engaging in anchors. The regulations state that website platforms should strengthen the management of anchor account registration and review, and must not provide online anchor services for minors under the age of 16. If they provide online anchor services for minors between the ages of 16 and 18, the consent of their guardians should be obtained.

The “Measures” also specifically stipulate that brokerage agencies in the radio, television and online audio-visual fields shall, according to the characteristics of the industry, reasonably allocate brokerage personnel to meet business needs, and the ratio of brokerage personnel to the number of service objects shall not be less than 1:100 in principle.

It is worth noting that the “Measures” also clearly stipulates the information release of brokerage institutions and brokers: brokerage institutions and brokers in the fields of radio and television and online audio-visual shall strictly regulate the release of information, and shall not release or employ marketing accounts to cause fans. Harmful information such as tearing at each other, stepping on and causing wars, etc. shall not be hyped by means of rewarding rankings, swiping volume control and commenting , fictitious facts, rumor-making attacks, etc., and shall not induce fans to consume by means of false consumption, taking the lead in rewarding, and raising funds for support .

In terms of taxation, the “Measures” stated that brokerage agencies and brokerage personnel in the radio, television and online audio-visual fields should pay taxes according to law, handle tax returns truthfully, and perform tax and withholding obligations in accordance with the law.

Brokerage institutions and brokers shall urge, remind, and assist clients to pay taxes in accordance with the law, and consciously resist non-standard contracting methods for the purpose of tax evasion or that may lead to tax evasion.

These measures will come into force on June 30, 2022.