Licensing and compliance points for the live broadcast of virtual digital people

①At present, the domestic online live broadcast industry has entered the era of “dual supervision”, and regulations have been made on the qualifications of network anchors and platforms;

②The “Code of Conduct for Online Hosts” is clearly applicable to virtual digital human anchors, and the content provider behind the virtual digital human anchor should bear the corresponding main responsibility;

③ The virtual digital human live broadcast platform should improve the license system, and the key licenses include: network culture operation license, ICP operation license, information network communication audio-visual program license, commercial performance license, radio and television program production and operation license, online publishing license business license.

④ The virtual digital human live broadcast platform shall file and establish a card for its anchor (or the content provider of the virtual digital human anchor) , and establish a corresponding management review, punishment and reward mechanism for review by the regulatory department.

1. Virtual digital human live broadcast – the gold nugget for the application of virtual digital human technology

The term “virtual digital human” originated from the “Visible Human Project” in the United States in 1989. After more than 30 years of development, virtual digital human has now been used in finance, medical care, games, radio and television, and education industries. Head angle. With the breakthrough of deep learning algorithms in recent years, the production process of virtual digital human has been greatly simplified, and the market cost has been gradually reduced. In 2018, the “AI Synthetic Anchor” jointly released by Xinhua News Agency and an Internet company supports users to input text, display the image of a virtual digital human on the screen and broadcast news, which is a typical application scenario of this technology.

It is foreseeable that with the popularity of the online live broadcast industry, “virtual digital human live broadcast” and “virtual digital human anchor” will become an important nugget in the application of virtual digital human technology in the future. Not to be underestimated.

2. The dual supervision system of anchor + platform, compliance must be “both sides”

(1) my country’s live broadcast industry has formed a dual supervision system of “anchor + platform”

On June 8 this year, the State Administration of Radio and Television and the Ministry of Culture and Tourism jointly issued the “Code of Conduct for Online Hosts” (hereinafter referred to as the “Code”). , and make specific specifications for the legal liability regulation of network anchors. The release of the “norms” marks that my country’s regulation of the live broadcast industry has entered the era of “dual supervision”, that is, to regulate both the online live broadcast platform itself and the anchors of the online live broadcast platform. This ” dual supervision ” model has played a huge role in promoting the healthy development of the online live broadcast industry, and further aggravated the compliance problems of the live broadcast industry.

(2) Virtual digital human anchors are regulated by “norms”

Article 1 of the “Specifications” clearly stipulates that “the virtual anchors and content synthesized by artificial intelligence technology shall refer to this code of conduct.” So far, the legal responsibility of virtual digital anchors has basically been settled. To sum up in one sentence, that is – “people” are virtual, but “supervision” is real. All terms in the “Specifications” apply to Virtual Digital Human Hosts.

It must be clear here that although the virtual digital human anchor is virtual, it is impossible for the iron fist of supervision to hit a virtual character, but behind the virtual digital human anchor there must be a writer of its live content (or even the writer may be The live broadcast platform itself), these people or platforms are the subjects who are hidden behind the anchors and can bear legal responsibility. Once there is a problem with the virtual digital anchor, they become the bearers of legal responsibility.

(3) Normative legal documents mainly involved in the dual supervision system

Sister Sa’s team has sorted out the normative legal documents mainly involved in the current dual supervision system of the virtual digital human live broadcast industry, for the reference of platforms dedicated to the virtual digital human live broadcast, so as to better achieve “two ends”

1. The main normative legal document currently involved in virtual digital human anchors is the above-mentioned “Code of Conduct for Internet Anchors” , which came into effect on June 8 this year, with a total of 18 contents, which directly stipulates the profession of online anchors Qualifications, prohibited behaviors of network hosts, legal responsibilities of network hosts, and the main responsibilities and obligations of various industry associations and platforms. In addition, the behavior of network anchors is also indirectly regulated by the Electronic Commerce Law, the Anti-Unfair Competition Law, the Food Safety Law, and the Consumer Rights Protection Law.

2. The supervision of online live broadcast platforms currently mainly involves the “Interim Regulations on the Administration of Internet Culture”, “Administrative Measures for Internet Information Services”, “Regulations on the Administration of Internet Audio-Visual Program Services”, “Regulations on the Administration of Commercial Performances”, “On Further Strengthening Network Drama, Micro Regulations on normative legal documents such as the Notice on the Administration of Online Audio-Visual Programs such as Movies and the Regulations on the Administration of Online Publishing Services . In addition, the online live broadcast platform will also be indirectly subject to the Anti-Unfair Competition Law, the Cybersecurity Law, the Personal Information Protection Law, the Product Quality Law, the Consumer Rights Protection Law, the Food Safety Law, “Special Administrative Measures for Foreign Investment Access (Negative List)” and other regulations.

3. Qualifications and licenses of virtual digital human anchors and online live broadcast platforms

As mentioned above, under the dual supervision system, compliance must be “both sides”. It is necessary to consider not only the relevant qualifications of the anchors (including virtual digital anchors), but also whether the licenses of the online live broadcast platform are available. Sister Sa team sorts out the relevant licenses and qualifications here for the reference of all live broadcast platforms.

(1) Relevant qualifications and compliance points of virtual digital human anchors

Article 1 of the “Code of Conduct for Internet Anchors” clearly states that the virtual anchors and content synthesized by artificial intelligence technology shall refer to this code of conduct. Therefore, major platforms must thoroughly understand the “normative” regulations on the qualifications of anchors and prohibited behaviors.

1. For live broadcast content with a higher professional level, the host should obtain the corresponding professional qualifications , and the live broadcast platform has the obligation to independently review and record the host.

The so-called “live content that requires a higher professional level”, Article 13 of the “normative” identifies areas such as medical and health care, finance and economics, law, and education. As far as virtual digital human anchors are concerned, if their live broadcast content involves the above-mentioned professional fields, the writing team or writers of their live broadcast content must have relevant professional qualifications. If you want to live broadcast legal popularization content, the author of the relevant content must obtain a national legal professional qualification certificate.

2. Virtual digital human anchors must abide by the “31” behavior prohibitions

Article 14 of the “Regulations” lists 31 red lines for the behavior of online anchors, which of course include “prohibition of improper speech”, “prohibition of false propaganda and speculation”, “prohibition of deceiving consumers” and other provisions. In addition, it is necessary to pay attention to the provisions of Article 14, Item 31 of the “Regulations”, “other acts prohibited by laws and regulations that cause adverse effects on network performance and network audio-visual ecology”, this article is a typical bottom-line clause, using the unlisted Legislative technology, so more attention must be paid.

(2) Relevant qualifications and compliance points of live broadcast platforms

1. Qualifications that a webcasting platform should obtain

According to the current domestic laws on online live broadcast platforms, the relatively complete licenses that platforms should obtain should include:

01 Network culture business license

In accordance with the requirements of the “Interim Provisions on the Administration of Internet Culture” (last revised on December 15, 2017, currently effective), those who engage in commercial Internet cultural activities shall obtain an “Internet Culture Business License”.

Article 3 of the “Interim Provisions on the Administration of Internet Culture” states that commercial Internet cultural activities refer to the provision of Internet cultural products and services for the purpose of making profits by charging Internet users or obtaining benefits through e-commerce, advertising, sponsorship, etc. Activity.

02 ICP business license

ICP (Internet Content Provider) license, namely the Internet information service value-added telecommunication business license.

According to the “Telecommunication Business Classification Catalog”, B25 information service business includes information release platform and delivery service, that is, the establishment of an information platform to provide platform services for other units or individual users to release texts, pictures, audio and video, application software and other information. Webcasting is regulated by B25 information service business.

According to the “Administrative Measures for Internet Information Services”, the state implements a licensing system for commercial Internet information services, and no Internet information service may be engaged without a license for the operation of value-added telecommunications services for Internet information services.

03 Information Network Dissemination of Audiovisual Program License

According to the “Regulations on the Administration of Internet Audio-Visual Program Services” (revised in 2015, currently valid) and the “Regulations on the Administration of Private Network and Targeted Broadcasting Audio-Visual Program Services” (revised in 2021, currently valid), engaged in content provision, integrated broadcast control, transmission and distribution and other private networks and For targeted dissemination of audiovisual program services, a license for dissemination of audiovisual programs through information networks shall be obtained.

04 Commercial performance license

According to the “Regulations on the Administration of Commercial Performances” (revised in 2021, currently in effect), literary and artistic performance groups and performance brokerage agencies that apply to engage in commercial performance business activities shall obtain a Commercial Performance License. The platform signs a contract with the anchor to form a performance brokerage agency, and the anchor engages in live broadcast activities on the platform, which is regulated by the Regulations on the Administration of Commercial Performances.

05 Radio and TV program production and operation license

According to the requirements of the “Notice on Further Strengthening the Management of Online Audio-Visual Programs such as Online Dramas and Micro-Films” (effective in 2012, currently effective), the Internet is engaged in the production and production of online audio-visual programs such as web dramas, micro-movies and other online audio-visual programs broadcast on this website. Audio-visual program service units shall simultaneously obtain the “Radio and Television Program Production and Operation Permit” issued by the administrative department of radio, film and television and the corresponding “Information Network Dissemination of Audio-visual Program Permit” in accordance with the law.

06 Online publication business license

According to the “Regulations on the Administration of Online Publishing Services” (effective in 2016, currently effective), engaging in online publishing services must be approved by the publication political authority in accordance with the law to obtain the certificate.

Article 2 of the “Regulations on the Administration of Online Publishing Services” stipulates that online publications refer to digital works that are provided to the public through information networks and have the characteristics of editing, production, processing and other publications. The main scope includes literature, art, science and other fields. Original digital works such as intellectual and ideological texts, pictures, maps, games, animations, audio and video readings.

If the live broadcast and audio broadcast platforms also record the live broadcast content into videos and store them on the platform for users to watch at any time, they are likely to be considered to be in line with the characteristics of online publications, and then be regulated by the “Regulations on the Administration of Online Publishing Services” , should apply for the certificate.

Of course, if some virtual digital anchors do popular business models such as “live streaming and delivery”, and involve projects that require administrative licenses, such business licenses are required. For live streaming of food, a food business license is required.

2. Compliance Points for Webcasting Platforms

Due to space limitations, here are only the compliance points related to the “norms” that the virtual digital human anchors need to pay special attention to.

01 Do a good job in the qualification review of network anchors

Article 13 of the “Specifications” stipulates that for live broadcast content of a relatively high professional level, the live broadcast platform shall conduct qualification review and recordation of the anchor. As mentioned above, there must be host content writers behind the virtual digital human anchors, and the focus of review and filing is the content providers behind these virtual digital human anchors. For review and filing, paper versions must be left for subsequent review by regulatory authorities.

02 Do a good job in the daily management and standardized guidance of network anchors

Article 17 of the “Code” stipulates that “Online performances, online audio-visual platforms and brokerage agencies must strictly perform their statutory duties and obligations, and implement their main responsibilities. In accordance with this code of conduct, strengthen the education and training, daily management and standardized guidance for online anchors. Establish and improve Internal rules and regulations for network anchors’ entry, training, daily management, business scoring files, and “red and yellow card” management. Positive incentives are given to network anchors who are positive and good, and model and abide by the code of conduct; Warnings and restraints; for network hosts with serious problems, repeated problems and repeated admonitions, their accounts should be banned, and relevant network hosts should be included in the “blacklist” or “warning list”, and it is not allowed to start broadcasting again in the form of changing accounts or platforms. .”

Therefore, the online live broadcast platform must “document and establish” the network anchors of the platform, and at the same time establish internal rules and regulations. For the content providers behind the virtual digital human anchors, corresponding file management measures and punishment mechanisms must also be implemented to avoid being imprisoned.

Posted by:CoinYuppie,Reprinted with attribution to:https://coinyuppie.com/licensing-and-compliance-points-for-the-live-broadcast-of-virtual-digital-people/
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