News 1+1丨The pit of live broadcast, what should I fill in?

  In 2020, the unexpected new crown pneumonia epidemic has caused "live streaming with goods" to become popular.

  Live streaming is a new gameplay on many platforms, and it is also full of pits that consumers cannot escape. What is the urgent need to solve the new consumption phenomenon of “live streaming”?

How to improve relevant laws and regulations?

"News 1+1" connects with Chen Yinjiang, deputy secretary general of the China Consumer Rights Protection Law Research Association, and pays attention to the pit of "live streaming with goods". What should I fill in?

  As an innovative way of consumption, "live streaming with goods" to a certain extent made up for the lack of offline consumption, and it has also become a new economic growth point.

In the live broadcast room, almost everything is broadcast from lipstick to clothes, from air conditioners to cars.

After last year's "618" and "Double 11", the consumer rights protection public opinion analysis report released by the China Consumers Association pointed out the problems of live broadcast delivery, such as platform responsibility awareness and lack of quality awareness.

Forecasts from relevant agencies show that the number of online live broadcast users in my country this year will reach 524 million, and the market size will exceed 900 billion yuan.

So, in the new year, can the new format of "live streaming with goods" continue to be popular?

From the survey, is the problem of "live delivery" serious?

Chen Yinjiang, deputy secretary-general of the China Consumer Protection Law Research Association:

I think it is quite serious.

① There are more consumer complaints.

Many consumers are deceived and misled by the false propaganda of merchants. After purchasing some products, they find that there are some quality problems or other problems in this kind of products.

②These problems are very common.

After many consumers purchase products through live broadcast, they can't even find the main body of the merchant, or after contacting them, the other party simply doesn't pay attention to it and drags it out.

Therefore, it not only damages the legitimate rights and interests of consumers, but also has a very negative impact on the development of the entire live broadcast industry.

What should I do if I can’t find someone after buying a fake product?

Chen Yinjiang, deputy secretary-general of the China Consumer Rights Protection Law Research Association:

①According to the existing laws, the first thing you buy from the Internet is to communicate with the merchants.

②If the merchant does not solve it, you can seek the platform to assist in the solution.

③If the platform cannot help solve the problem, it may have to complain to the Consumers Association or the market supervision department.

④ If the complaint cannot be resolved, you can only apply for arbitration, or bring a lawsuit in the court.

If the platform cannot provide the merchant's contact information, and consumers cannot find the merchant, they can directly seek the platform to make a claim.

There is also a situation where the platform clearly knows that the merchant wants to harm the rights and interests of consumers, but fails to take measures in time, resulting in damage to the rights and interests of consumers.

In this case, consumers can also seek compensation from the platform.

What are the responsibilities of an Internet celebrity anchor?

Chen Yinjiang, deputy secretary-general of the China Consumer Rights Protection Law Research Association:

①If the anchor is a merchant, then he has to bear the responsibility of the seller, that is, he has to take responsibility for the quality of his own promotion of products, including after-sales.

②If the anchor is an employee hired by the merchant, then his responsibility should be borne by the merchant.

③If the anchor is acting as an advertising spokesperson, then he should bear the responsibilities and obligations stipulated by the Advertising Law.

More than 800 samples were sampled online. Why are nearly 40% of the products not up to standard?

Chen Yinjiang, deputy secretary general of the China Consumer Rights Protection Law Research Association:

The quality of online products is indeed more prominent than the quality of offline products, and the quality of online products is relatively more serious.

Online products have the characteristics of remote, virtual, and cross-regional. In particular, they must be sold through live broadcast platforms.

The platform may be relatively loose in the formulation of rules, or that the platform does not strictly control and does not strengthen daily management.

So I think the platform must have some loopholes or shortcomings in some aspects.

How to deal with the chaos of "live streaming with goods"?

  Consumers of online shopping routines do not have strict quality control, or even no control, and the main body and boundary of security guarantee are not clear. It is urgent to standardize the delivery of live broadcasts and enter the track of the rule of law. How to deal with the chaos of “live streaming”?

Doesn’t the platform need to be held responsible for live streaming on social platforms?

Chen Yinjiang, deputy secretary-general of the China Consumer Rights Protection Law Research Association: The

conduct of live-broadcast sales on the platform is a kind of business behavior, so the operators must bear the corresponding business responsibilities.

As long as the platform provides merchants with information matching, including trading venues, and information publishing services, especially platforms that provide entry functions, there is a profit sharing in the middle, and it must bear the e-commerce platform operator’s Responsibility, whether it is a social platform or a traditional e-commerce platform.

Of course, it is possible to open a private account without the platform and sell some products during the live broadcast. Because it is a private account, it is difficult for the platform to find such private transactions. Therefore, in this case, the platform is mainly responsible for providing a network service. The responsibility of the other person will be weak. Unless this is the case, all others should be held responsible.

What should the platform and anchor do?

Chen Yinjiang, deputy secretary-general of the China Consumer Rights Protection Law Research Association:

①The platform should formulate clear transaction rules for the merchants stationed in, requiring merchants to provide complete qualifications, provide true information, and qualified product quality.

②Anchors must promote honestly, and do not make exaggerated or misleading publicity.

  For live delivery of goods, it should be said that it is an emerging economic format and a new way of consumption.

To a large extent, it makes up for some of the shortcomings of offline sales, and promotes economic development. For the way of live broadcast delivery, supervision is relatively lagging, and the next thing to do is to bring live broadcast delivery. The supervision of the government should make up for it in a timely manner. Only in this way can this new form of consumption and consumption model be consolidated and allowed to develop well.