The quality of live broadcast products has been repeatedly criticized by experts
Strengthen supervision and increase the illegal cost of live streaming
□ Our reporter Han Dandong
□ Liang Chen, an intern in this newspaper
In recent years, live streaming has ushered in a blowout development, becoming a trend in the e-commerce industry. At the same time, issues such as product quality and false propaganda exposed by live streaming brought one after another.
Not long ago, the anchor Luo Yonghao recommended the "spend some time 520 rose gift box" in the live broadcast room, and then some netizens reported the quality of the gift box on Weibo, saying that the received bouquets withered and rotted. From May 20, Luo Yonghao forwarded the related complaint blog post to apologize and explained the compensation measures. Earlier, web celebrity anchors Wei Ya and Li Jiaqi were also accused of live streaming "turnover" due to product quality issues.
How to guarantee the quality of products with live broadcast? How to protect consumer rights? "Legal Daily" reporter conducted an interview.
Product quality varies
Lack of regulation within the industry
As a matter of fact, the quality of live products and after-sales service are no longer new.
Last year, the anchorman Li Jiaqi sold Yangcheng Lake hairy crabs in a live broadcast watched by nearly 4 million people. It was revealed that it was not produced in Yangcheng Lake and was frequently complained by netizens; in another live broadcast, the anchor was showing the "non-stick pot" effect. , "Non-stick cooker" is sticky.
In May of this year, the anchor Weiya sold agricultural products and fruits from Xishuangbanna in the live broadcast, but ushered in a constant "spit". After receiving the goods, many netizens found that many fruits are not yet ripe, in addition, there are problems such as inadequate filling and short shortage.
According to the "Online Survey Report on Consumer Satisfaction of Live E-commerce Shopping" released by the China Consumers Association on April 1, more and more consumers are able to accept live e-commerce, but there are also many problems in e-commerce live shopping Can not be ignored. The survey shows that 37.3% of the consumers surveyed have encountered consumption problems in live shopping. For example, consumers are susceptible to impulse shopping due to the live broadcast atmosphere; consumers are misled by exaggerated propaganda or false information due to asymmetric information, and purchase counterfeit goods and "three noes" products. Judging from the survey data, "concerned about the lack of guarantee of product quality" and "concerned about after-sales issues" are the two major concerns of consumers.
In this regard, Zheng Ning, director of the Law Department of the School of Cultural Industry Management, Communication University of China, believes that the current low cost of illegal enterprises, the high cost of consumer rights protection, and the difficulty of market supervision and law enforcement have not been fundamentally resolved, and the relevant standards and systems for live broadcast supervision These are the reasons for the chaos in the industry.
Han Yingwei, a senior partner of Beijing Yingke Law Firm, told the "Legal Daily" reporter that people's blindly following the trend of consumer psychology and the desire for cheap cheap psychology have promoted the popularity of live broadcasts, but the industry lacks supervision and the industry's threshold is low. Products that cause quality problems flow into the market through the Internet and are sold in vain.
On June 5th, the State Cyberspace Administration and other 8 departments indicated that they will launch a special six-month rectification and standardization management action for the webcast industry, including the exploration and implementation of the rules for webcast live cargo management.
Multi-party entities are responsible
Suspected of violating multiple laws
When there is a problem with the quality of the product involved in live streaming, how should the liability be determined? Zheng Ning told reporters from Legal Daily that, depending on the specific situation, if the reasonable duty of care is not fulfilled, the anchor may be liable for tort.
Zheng Ning said that the Consumer Rights Protection Law stipulates that if a social group or other organization or individual recommends goods or services to consumers in false advertisements or other false publicity related to the consumer’s life and health products or services, causing consumer damage, it should It shall bear joint and several liability with the operator who provides the goods or services.
"The Advertising Law stipulates that advertising spokespersons recommending and certifying products and services in advertisements shall be based on facts and comply with this Law and relevant laws and administrative regulations, and shall not make any unused products or services that have not been received. Recommend, prove, publish false advertisements, deceive or mislead consumers, and damage the legitimate rights and interests of consumers who purchase goods or receive services. Advertisers shall bear civil liability in accordance with the law. Advertisers and publishers cannot provide advertisers’ For real names, addresses and effective contact information, consumers may demand compensation from advertising operators and advertising publishers first. If false advertisements of goods or services related to consumers’ lives and health cause damage to consumers, their advertising operators and advertisements Advertisers and advertising spokespersons should bear joint responsibility with advertisers." Zheng Ning said.
In Han Yingwei's view, in addition to the anchor, there are multiple parties involved who need to take responsibility.
Han Yingwei said: "The webcast platform may face administrative penalties. The Electronic Commerce Law stipulates that the operators of the platform have not taken the necessary measures to infringe on the legitimate rights and interests of consumers, or the operators of the platform have not fulfilled their qualifications and qualifications, or have Those who fail to fulfill their security guarantee obligations shall be ordered by the market supervision and management department to make corrections within a time limit and may be fined from 50,000 yuan to 500,000 yuan; if the circumstances are serious, they shall be ordered to suspend business for rectification and be imposed from 500,000 yuan to 2 million. At the same time, producers and operators also have corresponding responsibilities. The Tort Liability Law stipulates that if a product has a defect that causes damage to others, the producer should bear tort liability. If the product has a defect that causes damage, the infringed person can If the producer of the product requests compensation, he may also request compensation from the seller of the product. If the product defect is caused by the producer, the seller has the right to recover the compensation after the compensation."
In addition, the Consumer Rights Protection Law stipulates that operators who find that the goods or services they provide are defective and endanger personal and property safety shall immediately report and inform consumers to the relevant administrative departments and take measures to stop sales, warn, recall, Measures such as harmless treatment, destruction, stop production or service. Where recall measures are taken, the operator shall bear the necessary expenses for consumers to be paid for the recalled goods. If an operator provides goods or services and causes damage to consumer property, he shall bear civil liability for repair, rework, replacement, return of goods, topping up the quantity of goods, refund of payment for goods and services, or compensation for damages, etc. in accordance with the law or the parties’ agreement. If the operator provides goods or services with fraud, he shall increase compensation for the losses suffered by the consumer according to the consumer’s request, and the amount of compensation shall be three times the price of the consumer’s purchase of the goods or the cost of receiving the service; the amount of compensation shall be less than five One hundred yuan is five hundred yuan. If the law provides otherwise, the provisions shall be followed.
Strengthen the supervision of live streaming
Establish a social supervision system
In view of the uneven quality of live goods, how to regulate?
Han Yingwei believes that first, the live broadcast platform should raise the entry threshold, strengthen product quality audits, and improve the internal control of compliance; second, government departments should increase law popularization, improve the people’s legal awareness, and understand the law and abide by the law. Cultivate good habits of consumption; Finally, the market supervision and management department should strengthen the supervision and management of product quality, resolutely resist the inflow of unqualified products into the market, and conduct multi-department joint law enforcement when necessary, without giving the poor quality products an opportunity. Increase punishment to prevent offenders from violating the law.
Zheng Ning suggested that the relevant regulatory authorities should further clarify the definition and division of the obligations and responsibilities of relevant platforms, operators and anchors in the live streaming industry, increase the review and supervision of platforms, operators and anchors, and strengthen the live broadcast The key link of bringing goods-the management of the anchor, through the systematic training guidance and standardized evaluation mechanism, strengthen the anchor's professional quality and standard awareness, through the content supervision, flight inspection and other means, do a good job in the management and restraint of the anchor, Raise the entry threshold for live streaming.
At the same time, the platform should strictly follow the relevant laws, regulations and policy requirements, improve its own regulatory measures and punishment methods, actively autonomy, and strengthen live broadcast tapes from recruitment and entry, product sampling, marketing promotion, product evaluation, violation management, after-sale security, dispute judgment, etc. Ecological governance and audit control of the entire process of cargo transactions, strictly investigate and deal with all kinds of frauds such as popular fraud, comment fraud, and various types of induced transactions, false transactions, and private transactions that circumvent security supervision, etc., and cooperate with relevant departments in supervision and inspection according to law 3. Investigate and collect evidence to protect the legitimate rights and interests of consumers.
“Given that live streaming is different from the traditional online sales model, the subjects and legal relationships involved are more complex and diverse, and even cross-identities and overlapping legal relationships exist. It is recommended that all regulatory authorities should be clear in the enforcement process. The division of regulatory functions requires the establishment of a collaborative governance mechanism to jointly organize the regulatory network system and create a safe and secure network consumption environment." Zheng Ning said.
Zheng Ning also suggested that a unified live report and illegal rights reporting platform can be established to put live broadcast products under effective supervision by the whole people. Live broadcast live behaviors that exaggerate, fraud and mislead consumers should be included in social integrity. Examination system, in addition to severe economic punishment for broadcasters who carry false propaganda on live broadcasts, the broadcasters with serious crimes and more bad information should be blacklisted, market bans should be implemented, and the cost of illegal live broadcasts should be increased. Enhance regulatory deterrence.
If consumers buy the recommended products while watching the live broadcast, but how to protect the rights if there is a problem with the quality of the products?
"If consumers buy low-quality products during the live broadcast, they should keep fixed rights protection evidence such as purchase links and payment vouchers in time. The Product Quality Law stipulates that consumers have the right to inquire about the product quality and product producers and sellers. ; Appeal to the market supervision and management department and relevant departments, the department that accepts the complaint should be responsible for handling. At the same time, it also stipulates that social organizations that protect consumer rights and interests can recommend relevant departments to deal with product quality issues reflected by consumers, and support consumers to deal with The damage caused by product quality is prosecuted to the people's court." Han Yingwei said.
Zheng Ning said that if consumers’ rights are damaged, they can generally use complaints, settlements, mediation, arbitration, and litigation to protect their legal rights. The Consumer Rights Protection Law stipulates that if the goods or services provided by the operator do not meet the quality requirements, the consumer may return the goods in accordance with national regulations and the parties’ agreement, or require the operator to perform obligations such as replacement or repair. If there is no national regulation and the parties agree, the consumer can return the goods within seven days from the date of receipt of the goods; if the legal conditions for termination of the contract are met after seven days, the consumer can return the goods in a timely manner. Replacement, repair and other obligations. In the case of return, replacement or repair in accordance with the provisions of the preceding paragraph, the operator shall bear the necessary expenses such as transportation.
It is understood that the China Chamber of Commerce has recently issued a plan. The China Chamber of Commerce's Media Shopping Professional Committee will lead the drafting of the "Basic Standards for Video Live Shopping Operations and Services" and "Evaluation Guide for the Online Shopping Credit Service System". It is expected to be in July Officially released for implementation. The standard will cover industry terms and definitions, product quality of "carrying" products, requirements for software and hardware in live broadcast scenarios, codes of conduct for network anchors, business management of industry enterprises, compliance with content publishing platforms, industry integrity system construction, and regulatory authorities The supervision and management of the company make standardized requirements, and strive to play a supervisory role in the industry and protect the legitimate interests of consumers.