It is necessary to clarify and consolidate the legal responsibility of the platform as an e-commerce platform operator, and enhance the law-abiding awareness of the anchor group as an operator.
At the same time, it is necessary to continue to increase supervision and punishment, effectively enhance the effectiveness and deterrence of supervision, and consumers should also improve their awareness of self-protection.
In recent years, live streaming has been developing rapidly. While bringing a new consumption experience to consumers, it has also caused some problems and chaos.
For example, the instant bird's nest sold by a well-known anchor in the live broadcast room is actually just a flavored drink; consumers grab a "1 cent" fan benefit in a live broadcast room of an Internet celebrity, but are asked to pay 999 yuan for shipping; the merchant spends 510,000 yuan Inviting a big-name star and Internet celebrity to bring goods together, only 5,000 yuan of goods were sold; the top anchor was charged with taxes, late fees and fines totaling 1.341 billion yuan for tax evasion...
Live delivery of goods usually refers to the sale of goods or the provision of services through live webcasting.
Although some changes have taken place in sales forms and channels, the essence is still an e-commerce business activity.
The live delivery model is not only more entertaining, interactive and friendly, but also bypasses traditional intermediate channels such as dealers, and realizes the direct connection between products and consumers. After eliminating a series of intermediate costs, the price can often be improved. Low.
In fact, the state attaches great importance to the standardized development of live broadcast delivery. In recent years, a series of management regulations and normative measures have been issued for live broadcast delivery, including the "Guiding Opinions on Strengthening the Supervision of Online Live Delivery Activities" and "Internet Live Delivery Information Information". "Content Service Management Regulations" draft for comments, "Notice on Strengthening the Management of Online Show Live Streaming and E-commerce Live Streaming", "Live Streaming E-commerce Platform Management and Service Specifications" industry standard (draft for comments), "Administrative Measures for Online Live Streaming Marketing (Trial Implementation)" )"Wait.
At the same time, more than a dozen departments including the State Administration for Market Regulation jointly launched the "Net Sword Action" to purify the online market, and eight departments including the State Internet Information Office launched a special rectification of the online live broadcast industry to severely crack down on all kinds of illegal live broadcast marketing activities. .
But in reality, various false propaganda, incorrect version, non-refundable, non-exchangeable, unknown links, and guiding offline transactions in the field of live streaming still occur from time to time.
According to the investigation report on live delivery of goods released by the Beijing Consumers Association and the Hebei Provincial Consumer Protection Committee, 33 of the 100 live broadcast delivery experience samples were suspected of violating laws and regulations; The consumer experience of live broadcast with goods carried out by the head platform of Jiajia found that 29 of the 80 live broadcast goods experience products did not meet the national standards, of which 10 samples belonged to "three no products", 9 samples did not meet the quality standards, and 4 samples existed. Personal safety hazards, quality problems, and material components of 7 samples did not meet the standards.
The chaos of live-broadcast delivery of goods continues, not because of the original sin of this model, but because, as a new online transaction model, live-broadcast delivery of goods has the characteristics of many subjects, large traffic, high frequency, and complex legal relationships. The laws and regulations are not clear and specific enough, and some speculators and lawbreakers have a fluke mentality, and they will not hesitate to seek more economic benefits by playing legal border balls or harming the rights and interests of consumers.
For example, some platforms do not strictly review the qualifications of settled merchants, the daily management is not in place, the after-sales service channels are not smooth, and the after-sales service personnel are not professional.
In particular, some short video platforms have clearly opened the business entry function and actually carried out e-commerce business activities, but they believe that they are only video platforms that provide social entertainment services, so as to avoid legal responsibilities as e-commerce platforms.
Some anchors with goods lack the awareness of integrity and law-abiding. In order to realize the realization of traffic, they do not hesitate to exaggerate and publicize, sell fake and shoddy products, or deceive consumers by tragic and miserable sales.
Some live broadcast sellers think that they belong to small and sporadic transactions, so they do not need to go through the registration process, so they do not have to bear the legal responsibility of the operator.
These problems not only damage the legitimate rights and interests of consumers, but also affect the healthy development of the live broadcast mode, and even affect the order and development of the entire Internet economy. They need to be paid enough attention and solved fundamentally.
The first is to clarify and consolidate platform responsibilities.
Whether it is a traditional e-commerce platform or an emerging short video platform, as long as it provides online business venues, transaction matching, information release and other service functions for live streaming activities, it must fulfill the legal responsibility of the e-commerce platform operator.
Relevant platforms should not only improve the qualification review of anchors and sellers and platform rules and regulations in strict accordance with the requirements of relevant laws, regulations and policy documents, but also strengthen the daily management of anchors and merchants on the platform, warn the risks of private transactions in a prominent way, and smooth the flow of consumers. Complaint channel for rights protection, and continuously strengthen the construction of after-sales service system.
The second is to enhance the law-abiding awareness of the anchor group.
The role of the anchor in the process of live broadcast and delivery of goods is very obvious. As long as they are engaged in live broadcast and delivery of goods, they must assume the legal responsibility of the operator and strictly abide by the relevant business laws and regulations.
Otherwise, you will have to bear the corresponding legal consequences for your actions.
Especially the head anchors, every move will have a strong demonstration effect, and they must take the lead in abiding by laws and regulations, follow social public order and good customs, do not make false exaggeration and misleading publicity, and do not induce consumers to trade privately.
The third is to continue to increase supervision and punishment.
For the new model of live streaming, on the one hand, we must adhere to prudent and inclusive supervision, and on the other hand, we must adhere to the legal bottom line to ensure its healthy development within the norm.
For platforms with poor management and repeated problems, we should urge them to improve and implement them through interviews, ordering rectification, etc.; for anchors and businesses that obviously violate laws and regulations or damage the rights and interests of consumers, we should promptly investigate and punish according to laws and regulations, and according to the severity of infringement Be included in the credit blacklist to effectively enhance the effectiveness and deterrent effect of supervision.
The fourth is to enhance consumers' awareness of self-protection.
By carrying out consumer education, consumer guidance and other activities, consumers are reminded to carefully check the business information, not to believe in the propaganda recommendations and low-price promises of the anchor, and not to leave the platform for private transactions.
It is necessary to save evidence such as live video, chat records, payment vouchers, etc., and contact the merchant and the platform to negotiate and solve problems in time.
If the negotiation fails, you can complain to the consumer association or the market supervision department, and if necessary, you can apply for arbitration or file a lawsuit in the court to protect your legitimate rights and interests in accordance with the law.
(Author Unit: China Law Society Consumer Rights Protection Law Research Association)