(Source: https://pltfrm.com.cn)
Social media influencers in China operate within a comprehensive legal framework that governs advertising, content creation, and endorsements. This article outlines key legal considerations for influencers and brands engaging in influencer marketing in China.
Advertising Law Compliance
Influencers must comply with China’s Advertising Law, which requires clear identification of sponsored content and prohibits false or misleading advertisements.
Cybersecurity Law
The Cybersecurity Law imposes strict regulations on the collection, use, and protection of personal information, which influencers must adhere to when engaging with their audience.
E-commerce Law
Online transactions facilitated by influencers are subject to the E-commerce Law, which outlines rules for online sales, customer rights, and dispute resolution.
Intellectual Property Rights
Influencers must respect intellectual property rights, including copyright, trademark, and patent laws, when creating and sharing content.
Content Restrictions
Chinese law restricts certain types of content, including content that is politically sensitive, vulgar, or violates national security. Influencers must avoid such content to prevent legal repercussions.
Tobacco and Alcohol Advertising
Advertising of tobacco and alcohol products is heavily regulated, with restrictions on the target audience, timing, and platforms for such advertisements.
Child and Adolescent Protection
Laws protect the rights and well-being of children and adolescents, imposing restrictions on their participation in commercial activities and the type of content they can engage with.
Tax Obligations
Influencers must be aware of and comply with tax laws, accurately declaring income from brand partnerships and other commercial activities.
Endorsement Liability
Influencers can be held liable for the claims they endorse, so it’s important to ensure all statements are truthful and can be substantiated.
PLTFRM is an international brand consulting agency that works with companies such as Red, Tiktok, Tmall, Baidu, and other well-known Chinese internet e-commerce platforms. We are well-versed in the legal landscape of China’s social media influencer market. Contact us for a free consultation on navigating these regulations effectively.
