Chinanews.com, Guangzhou, December 11 (Sun Qiuxia) Recently, the incident of Simba carrying fake bird's nests has attracted widespread attention.
Guangzhou Baiyun District Market Supervision and Administration Bureau responded that a case has been filed for the sale of counterfeit bird's nests and will cooperate with the regulatory authorities in other jurisdictions to investigate and handle the case.
Lawyer: Selling fake bird's nest may face criminal penalties
The incident that Simba brought the fake bird's nest was first exposed by consumers, which attracted the attention of professional counterfeit Wang Hai.
Wang Hai sent the bird’s nest sold by Simba for inspection. The test report showed that the product contains 4.8% sucrose and 5% carbohydrate in the ingredient list, confirming that the product is sugar water.
This public test report stirred up waves with one stone.
On November 27th, the anchor Simba (real name Xin Youzhi) issued an apology statement, acknowledging that the bird's nest products under the brand "Mingzhi" sold in the live broadcast studio of the anchor "Shida Meili" of Xinxuan were actually a bird's nest flavored drink. Exaggerated the content of the promotion, and proposed an advance compensation plan, and promised to recall the products sold in the Xinxuan live broadcast studio, and refund one to three.
Weibo screenshot
It is understood that Xinxuan’s live broadcast room has sold 57,820 orders of “Mingzhi” brand bird’s nest products, with a sales amount of approximately 15.49 million yuan.
To this end, Simba needs to refund nearly 62 million yuan to consumers first.
Deng Qianqiu, a lawyer from Beijing Zhongwen Law Firm, said in an interview with China News Agency that Simba was filed for investigation. From the current information, it was only filed by the market supervision department, not a criminal investigation by the public security agency.
If Simba is indeed selling fake bird's nests, and the amount has reached 15 million yuan, he may be sentenced to 15 years in prison or life imprisonment for the crime of selling fake and inferior products.
However, Deng Qianqiu pointed out that criminal convictions and sentencing must follow the "principle of unity of subjective and objective". If Simba's subjective state does not know that he is carrying fake bird's nest live, even if the amount sold is huge, it cannot constitute a crime.
But it is possible to bear administrative law and civil liability.
It is worth noting that Simba had previously stated in a statement that after testing, the "Mingzhi" brand bird's nest product contained less than 2 grams of bird's nest per bowl.
The product information provided by the brand party has exaggerated content, and Xin Xuan will hold the brand party responsible in accordance with the contract and legal provisions.
The reporter's investigation found that a number of bird's nest products from the brand's online store "Mingzhi Flagship Store" have been removed, and the management and equity of the company Guangzhou Rongyu Trading Co., Ltd. have changed.
Sky Eye Check Screenshot
According to Tianyan Check, Guangzhou Rongyu Trading Co., Ltd. was established in January 2019 with a registered capital of 1 million yuan.
After the incident of Simba carrying fake bird's nest was exposed, the company's top management changed.
On November 26, Lin Xiaofang, executive director and general manager of Guangzhou Rongyu Trading Co., Ltd., withdrew from the management, and the legal representative was changed to Xie Dongsheng, who currently holds 85.75%.
Deng Qianqiu pointed out that in view of the huge amount of sales of fake bird's nest, if the brand participates in or organizes the production of fake bird's nest or knows it is a fake bird's nest, it may be held criminally responsible for the crime of producing and selling fake and inferior products.
Expert: Live streaming supervision should not leave dead ends
In recent years, live webcasts have been very popular, but there are many problems such as false or exaggerated publicity, poor quality of goods, and difficulty in guaranteeing return and exchange.
In June of this year, the Shanghai Hongkou police received a report that the "net celebrity" anchor Liao Mou sold counterfeit clothing under the corporate brand in the live broadcast room of an e-commerce platform.
On the afternoon of August 28, during the live broadcast of Liao, the police directly arrested him.
Recently, Guangzhou Baiyun police successfully cracked a case of using the Douyin live broadcast platform to sell counterfeit goods of a certain brand, and destroyed one selling counter, involving a total of nearly 5 million yuan.
Chen Yinjiang, deputy secretary-general of the China Consumer Rights Protection Law Research Association, pointed out in an interview with China News Agency that although live streaming has certain particularities, the essence is still an e-commerce sales model.
The current "E-commerce Law", "Consumer Rights Protection Law", "Product Quality Law" and other relevant laws and regulations are fully applicable to the field of live delivery.
The key is to clarify the supervisory functions of different departments and establish a multi-party collaborative governance mechanism to ensure that supervision does not leave dead ends.
It is worth mentioning that the relevant ministries and commissions have recently issued a series of administrative regulations for the delivery of goods through live broadcasts.
For example, the State Administration for Market Regulation recently issued the "Guiding Opinions on Strengthening the Supervision of Online Live Broadcast Marketing Activities", which specifically regulates the division of responsibilities of business entities, regulates live broadcast marketing, and investigates and punishes illegal live broadcast marketing activities.
The Cyberspace Administration of China also recently released the "Regulations on the Management of Internet Live Marketing Information Content Services" for soliciting comments, requiring the establishment of a blacklist system for anchors with goods, and stipulating that live marketing platforms should prevent and stop illegal advertising, price fraud and other acts that infringe on user rights and interests , To alert users to the risks of private transactions outside the platform in a significant way.
Chen Yinjiang pointed out that when it comes to supervision, the responsibilities of the platform must first be clarified and consolidated.
Anyone who provides online business venues, transaction matching, and information release services for live broadcast merchants, especially those who have activated the entry function, must perform the responsibilities of the e-commerce platform operator.
The second is to seize key regulatory objects such as celebrities and Internet celebrities, and let them assume responsibilities that are compatible with the traffic.
For consumers who choose to use live streaming with goods to consume, Chen Yinjiang reminded, first check the business information published on the live broadcast platform to see if it has a business license. If the platform does not publish the business license of the business, it is recommended not to buy its goods or services, especially Do not listen to the anchor’s inducement to conduct private transactions, otherwise, once the rights and interests are harmed, it will be difficult to protect rights in accordance with the law.
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