Social Media Crackdown Law on Influencers in the People's Republic of China

"SHOW YOUR DEGREE, KEEP SILENT OR PAY ¥100 000 ‎ = $14 000"

POLICY OR VIOLATION OF HUMAN RIGHTS LAW?

CAN A MUNICIPAL LAW OVERRIDE AN INTERNATIONAL NORM?

China has enacted a series of new laws which took effect on November 1, 2025, to lay down regulations governing its digital space. Influencers who discuss professional matters within the domains of; Medicine, Law, Finance, and Education, must be holders of a duly verified degree or an equivalent qualification such as professional licenses.
In today’s digital era, the emergence of social media influencers has transformed traditional media paradigms and the People’s Republic of China (PRC) has responded to this trend by implementing regulations that govern influencer conduct, including the stipulation that influencers disclose their qualifications or face fines up to ¥100,000 (approximately $14,000). This new municipal law in my opinion is in conflict with International Human Rights standards, particularly the rights to freedom of expression and information as articulated in the Article 19 of the Universal Declaration of Human Rights (UDHR) of 1948 and other international covenants, related to freedom of expression, freedom of opinion and access to information.

POLICY?
Overview of the Regulation:

The recent influencer regulation in China stipulates that social media influencers disclose their qualifications prominently in content. This stipulation raises critical questions on transparency and accountability in an increasingly unregulated digital and artificial intelligence environment where anyone can give an opinion on just any subject, as long as they have a ringlight, a digital apparel or phone and internet connection. Authorities have therefore decided to contain such excesses by impossing measures on such users, in order to protect consumers from misinformation and uphold social stability.
Yet, it would be relevant to comprehend what some persons like myself have termed “a disproportionate limitation on individual rights”.

Scope:
The newly enacted regulations encompass several pivotal measures:

1. Verification of Credentials: Influencers who engage in discussions related to medicine, law, education, or finance are mandated to present verifiable proof of qualifications to their respective hosting platforms.
2. Liability of Platforms: Digital platforms, including Douyin, Bilibili, and Weibo, are obligated to verify the validity of such credentials prior to the publication of content(compliance).
3. Standards for Transparency: Content creators are required to accurately cite sources, disclose sponsorships, and clearly label any content that is artificially generated or dramatized(fact finding).
4. Compliance Timelines: Influencers are afforded a period of up to two months to furnish the necessary documentation following the enactment of these regulations.
5. Sanctions for Non-Compliance: Individuals who misrepresent their qualifications may face penalties including the revocation of monetization rights, monetary fines, or temporary suspensions(enforcement).
   Through these provisions, the China influencer regulation seeks to enhance credibility rather than impose censorship. It establishes a heightened standard for authority within the digital sphere, ensuring that audiences receive precise and responsible information.

Legal Framework:
This regulatory framework intersects with multiple existing legal statutes, including.

Advertising Law of the PRC:
Influencers are required to label sponsored posts as advertisements, explicitly prohibiting deceptive endorsements.

Internet Live-Streaming Provisions:
Regulations mandate that hosts register under real names, satisfy tax obligations, and restrict minor engagement in financial transactions.

Online Content Ecosystem Governance Rules:
Platforms must mitigate the spread of vulgar and misleading content while promoting “core socialist values.”

AI-Generated Content Rules (2023):
Virtual and synthetic influencers must be clearly categorized, ensuring transparency regarding the nature of such content.
These frameworks collectively form a governance model aimed at fostering accountability, yet they also impose stringent restrictions that could infringe upon individuals' fundamental rights.”

Human Rights Violations?
Freedom of Expression:
The UDHR, adopted by the United Nations General Assembly in 1948, asserts in Article 19 that everyone has the right to freedom of opinion and expression. This includes, inter-alia, the freedom to hold opinions without interference and to seek, receive, and share information and ideas through any medium and regardless of frontiers(educational and professional qualifications). In the context of the PRC’s influencer regulation, the requirement for influencers to disclose their qualifications constrains their freedom of expression. The potential penalties for non-compliance is so high and disproportionate in my opinion, and it diminishes the zeal for individuals to engage in meaningful discussion online.

Right to Information: Moreover, Article 19 of the ICCPR (International Covenant on Civil and Political Rights), which extends similar protections for freedom of expression, emphasizes the right to receive and disseminate information. The restrictive nature of the influencer regulation discourages open dialogue and robust engagement, potentially violating both national and international standards regarding the free flow of information.

PUBLIC POLICY EXCEPTIONS, MAINTAINING ORDER IN THE HOUSE:
A Municipal Law can override an International Law interalia, to protect public policy of state laws, uphold moral rectitude, maintain balance between service providers and consumers within that jurisdiction or territory. Policy would touch on;

1. Consumer Protection: By ensuring influencers disclose their qualifications, authorities believe consumers are better equipped to discern credible from non-credible sources, thereby enhancing overall market integrity.
2. Social Stability: The promotion of "core socialist values" aims to mitigate the spread of misinformation that could incite social unrest, framing the regulations within the broader context of national security.
3. Accountability: The regulations foster a sense of responsibility among influencers to deliver reliable information, thereby cultivating an ethical digital environment.

Despite these justifications, the overarching impact of the law warrants scrutiny, especially when weighed against the fundamental rights enshrined in international human rights agreements.

The influencer regulations instituted by the PRC raises profound questions about the balance between legitimate policy objectives and potential infringements on Human Rights. While governments have a duty to regulate digital spaces to protect consumers and maintain social order, such regulations must be carefully calibrated to avoid encroaching upon individual freedoms enshrined in International Covenants.
Legal frameworks of countries should strive to promote accountability without undermining the essential rights to freedom of expression and information.

COULD THERE BE CHALLENGES INVOLVED IN ENSURING COMPLIANCE?
WOULD YOU ENCOURAGE YOUR COUNTRY EMULATE CHINA?

Knowledge is wealth, be sure to share.
Thank you.
Humbly submitted Ma'Enow Tabe(Esq.)