29 Jun 2023 Distribution: SAMR Issues Guidelines for Business Conduct for Blind Boxes (for Trial Implementation)
1. Distribution: SAMR Issues Guidelines for Business Conduct for Blind Boxes (for Trial Implementation)
SAMR recently issued the Guidelines for Business Conduct for Blind Boxes, with the effect of the date of release (June 8th 2023).
The Guidelines regulate four specific aspects:
1) Prohibited sales.
Items prohibited for sale: Drugs, medical devices, live animals, and flammable and explosive items
Items that are subject to restrictive provisions: cosmetics and food
2) Information disclosure.
Blind box operators are required to publicize the key information such as the commodity value, and the rules and probability for getting the items in the blind box in a prominent manner, and shall guarantee the consumers’ right to know before purchase.
3) “Minimum guaranteed”.
Blind box operators are encouraged to set the caps on the monetary spending and number of purchases so as to uphold rational consumption, and undertake not to hoard or hype their blind boxes, or directly deliver them to secondary market.
4) Protection of minors.
No blind box can be sold to a minor below the age of 8.
For children with age between 8-18, their parent’s approval is requested.
 When customers purchase a blind box, they don’t know which specific product they might receive. The products are normally in a collection.
2. Criminal: Three Authorities Seek Comments on Guiding Opinions on Punishing Cyberviolence Crimes
Recently, the Supreme People’s Court (SPC) and two other authorities have jointly released the Guiding Opinions on Punishing Illegal and Criminal Acts of Cyberviolence (Draft for Comment) (the “Draft”), which was open for public comments until June 25, 2023.
The Draft fully recognizes the social harm caused by cyberviolence and is willing to safeguard citizen’s rights in accordance with the law.
The Draft makes provision for cyber manhunts, Internet water army, online insults and malicious marketing.
The Draft also rules that if an act of insult or defamation on the Internet was committed in certain circumstances and caused certain consequences, such as suicide of victim, it shall be deemed to be “seriously undermine social order or the state’s interests” as stipulated in Article 246(2) of the Criminal Law.
 It means a group of Internet ghostwriters paid to post online comments with particular content