Buying geese received ducks, delayed delivery, after-sales play disappeared, the platform was "pretending to sleep"... live broadcasts with goods frequently "overturned" caused controversy
Live broadcast brings "disaster", which "law" is responsible for this matter?
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With the rise of live broadcasts, complaints about non-conforming goods, worrying quality, and difficulties in safeguarding rights after sales have gradually increased. According to industry sources, brushing and speculating letters in the live broadcast room has formed a black industrial chain; some anchors do not look at the quality of the goods before taking the goods, and deceive consumers with the merchants, while the platform opens its eyes in order to maintain traffic. At present, there are still problems such as lack of supervision and insufficient punishment for live streaming.
Known to sell "grassland geese", they were found to be ordinary ducks after arrival; the hot-selling Yangcheng Lake hairy crabs were actually "champion crabs" with different tastes; the anchor said in the live broadcast that the recommended products won the "Nobel Cosmetics Award" "...
Affected by the epidemic, this year's live broadcast brought another hot. After putting aside the filters and removing the beauty, some of the net red products have been widely criticized after they reached the hands of consumers, such as wrong goods, worrying quality, and difficult after-sales rights protection. Live broadcasts frequently bring goods overturning, who is responsible for the anchors, businesses, and platforms? How to regulate and supervise the chaos in live broadcasts?
80g egg yolk crispy to 45g
On June 3, some netizens posted on social media that they saw the egg yolk cakes displayed in a well-known online celebrity live broadcast are full and bright, but the real thing that the netizen received after buying was "Seller Show and Buy The difference between home shows": the goods are not right, the size has shrunk seriously.
In this regard, the merchant explained that on June 3, the 45 g/piece custom model was sold, which is different from the regular model of 80 g/piece, and the price is much cheaper. Many netizens did not buy it. Some commented that the live broadcast had false propaganda, saying that the egg yolk crisps received not only had broken skins and bad taste, but also found no details after finding a customer service complaint. Currently the product has been removed from the Taobao store.
Such incidents are not unique. The reporter found on the Internet complaint platform that the complaints against live streaming included quality issues, false publicity, non-delivery, and difficulty in refunding after-sales. According to the "May Day" Consumer Rights Protection and Public Opinion Analysis Report released by the China Consumers Association in May, during the monitoring period, 66,798 pieces of negative information about online shopping were collected, and online celebrities and live streaming became the new ways of online shopping False delivery, product quality issues, and after-sales service issues are more concentrated.
Ms. Shen of Hunan often buys flowers through live broadcast. She told reporters that the anchors will make consumers unable to see the previous evaluations by removing the goods, changing the store or new links, etc. "Only go to the live room to speak, some anchors ask for customer service after-sales, and some anchors install I can’t see it, and some will say something unpleasant, saying you are here to make trouble.” Ms. Zhang in Shanghai suffered from a delay in the delivery of a live broadcast room selling shoes, and after-sales customer service played and disappeared.
Prevention, evidence collection, and supervision are difficult
According to the 45th "Statistical Report on Internet Development in China", as of March 2020, the number of e-commerce live broadcast users reached 256 million, accounting for 37.2% of online shopping users.
Qiu Baochang, president of the Beijing Law Society's E-Commerce Rule of Law Research Committee and a member of the Expert Committee of the Chinese Consumers Association, believes that the Internet's aggregation effect, fan effect, and amplification effect make the influence of online celebrity anchors to promote merchandise far beyond the advertising effect of celebrity endorsements.
"If there is no reasonable guidance and regulation on live streaming, it will have a great impact on the market order." Qiu Baochang pointed out that some behaviors such as commenting, using unreasonable returns and brushing the false bid volume, and so on, are repeatedly prohibited.
Xia Yu (pseudonym) is engaged in the docking service between MCN institutions and merchant brands in Shenzhen. He told reporters that MCN institutions negotiated cooperation offers with merchants based on the number of online celebrities, the number of previous shipments, and activity, etc. Generally, they first charged the "pit fee" and then increased the share ratio.
"A 100,000 yuan pit fee is guaranteed to sell 100,000 yuan, but the return rate is not guaranteed." Xia Yu said, "There is a black industrial chain that specializes in popularity and order. The essence of the profit is the merchant. Promote the money of its brand, and then use the guise of bringing goods to let merchants enter the game.
Reporters have found transactions on the e-commerce platform and the QQ group that provide brushing services. The business is diverse, and they are classified into "clear price". "Various live room services, first-hand price, below market price, live fan interaction, dynamic score rating..." "Real people slowly brush 1,000 fans for 130 yuan, popular broadcasts are 3 yuan per 1,000, and live comment 4 yuan for 10 ".
Behind all the chaos reflects the lack of supervision and insufficient punishment for live broadcasts. Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said that some anchors did not look at the quality of the goods before taking the goods and deceived the consumers together with the merchants. Make sure the flow is closed with one eye closed."
Zhao Zhan, lawyer of Beijing Zhilin Law Firm, also pointed out that the legal awareness of the anchors and merchants is weak, and the cost of breaking the law is low. In addition, the live broadcast is instant, it is difficult to prevent beforehand, and it is difficult to obtain evidence during the event. More often, it is resolved through reports and complaints after the event. It is also difficult to supervise and lack supervision methods and experience.
There is currently no clear legal norms and definitions
Live streaming involves multiple subjects such as anchors, merchants, and platforms. After-sales issues arise, who should consumers find?
Many interviewed experts said that at present, there are no clear legal regulations and definitions for live streaming, and the industry has different interpretations.
Zhao Zuo believes that although there is no clear legal definition of live streaming, in accordance with the manifestation of live streaming, it complies with the concept of e-commerce as stipulated in the Electronic Commerce Law. Advertising laws and other constraints.
Is the live broadcaster responsible for "turning over"? Zhao Zhan analyzed two situations in which the anchor bears legal responsibility: "One is to advertise the products it manages. In this case, its role is the product seller. If the content of the advertisement is false, it is suspected of constituting fraud and it is necessary to bear a false compensation. Three legal responsibilities; the second is to promote for other businesses, in this case, its role is the advertising operator and advertising publishers, need to fulfill the obligation to review the authenticity and legality of the advertising content of the business as an advertiser, otherwise Take joint responsibility for this."
In Zhu Wei's view, the existing e-commerce law does not distinguish between network service providers and e-commerce platform operators. He believes that the live broadcast platform is a network service provider on the surface, but in actual operation, it can be converted to an e-commerce platform operator to a certain extent, and the anchor identity has also changed from a network service user to an in-platform operator.
"But this part is not clearly stipulated in the law. It is also controversial whether the promotion in the sales behavior is considered as an advertising behavior, and how the responsibilities of the platform are demarcated." Zhu Wei suggested that the market supervision and management department should take the lead in formulating specific implementation regulations and integrate social media New business formats such as e-commerce and live broadcast e-commerce are included, which are divided into categories in detail, and the platforms are classified and monitored.
In April of this year, 58 network anchors were banned from registering and broadcasting live within the industry for five years, and the blacklist system became the first line of defense to tighten industry norms. On June 5th, 8 departments including the State Cyberspace Administration and the National Anti-Spotty Campaign have announced that they will launch a special six-month rectification and standardization management action for the webcast industry, which includes the exploration and implementation of the rules for the management of webcast live goods.
Recently, the China Commercial Federation's Media Shopping Professional Committee will take the lead in drafting the industry's first national community standard "Basic Specifications for Video Live Shopping Operations and Services" and "Guidelines for the Evaluation of Online Shopping Credit Service System", or may make live broadcasts regulated. Can follow, usher in standardization development.
"Before the introduction of the law, it is a good start for the industry to establish norms and standards to regulate the behavior of practitioners." Qiu Baochang said, "but it requires more legal coercive force, and constantly improves and revises the corresponding laws and regulations so that it can adapt to technological development and transactions. Change of form."
Tang Shu Liu Xiaoyan