Industry experts think when they talk about the legal issues of exploring stores

Paid store visit videos should be clearly marked with "advertising"

  interlocutor

  Zhu Xiaojuan, Director and Deputy Secretary-General of China Law Society Business Law Research Association

  Yao Zhiwei, Professor of Law School of Guangdong University of Finance and Economics

  Chen Yinjiang, Deputy Secretary-General of the Consumer Law Research Association of the China Law Society

  B station UP main orange fly

  Zhang Shoukun, a trainee reporter of "Rules of Law Daily"

  "Rule of Law Daily" reporter Zhao Li

  Reporter: In recent years, the emerging industry of shop-exploring bloggers has grown rapidly. What is the reason behind it?

What might this do for merchants and consumers?

  Zhu Xiaojuan: The main reason for the emergence of shop-exploring bloggers is the need to monetize traffic.

Some bloggers hope that through their own traffic and influence, they can play the role of recommendation and drainage for related businesses, so as to achieve the purpose of realizing traffic.

For merchants, bloggers visiting stores can play an advertising role; for consumers, they can play a role of recommendation and reference.

  Reporter: In reality, some restaurants or business establishments will refuse bloggers to shoot; after uploading the video of the shop visit, some shopkeepers also raised objections.

So, does the store owner have the right to refuse to visit the store blogger to shoot and upload related videos?

If you want to shoot or upload, what issues should shop shop bloggers pay attention to?

  Yao Zhiwei: It is a complicated issue whether a blogger of a shop-exploration blog needs to obtain the consent of the shop owner to release a shop-exploration video. It may involve trademark rights, copyrights, portrait rights and other issues, and cannot be generalized.

  Zhu Xiaojuan: If the store owner has publicity needs, the video posted by the blogger is a true and objective description of the store environment, price, service, goods, etc., there is no problem.

Of course, the owner does not want to publicize and has the right to refuse.

It is best for bloggers who visit the shop to inform and obtain consent before shooting or uploading videos to avoid unnecessary legal risks.

  Orange fly: In all the videos I publish, I try to avoid other people from entering the camera.

If the lens accidentally captures other people, it will be coded in post.

I feel it is very necessary to respect and protect the privacy of others.

  Reporter: Some bloggers will recommend store visits after charging store promotion fees. Can this be regarded as an advertising behavior?

Should "Advertisement" be marked on the video of the shop visit?

Should the blogger be held responsible if there is a problem?

  Yao Zhiwei: According to the relevant provisions of the Advertising Law, the behavior of bloggers who visit stores to promote and recommend after charging the store's publicity fee is actually a kind of advertising behavior.

A shop blogger is not only the publisher of advertisements, but can also be regarded as an advertisement spokesperson in some cases.

  In practice, in order to avoid disputes, some bloggers will directly mark "No-Guang try to eat" when posting general store-exploration videos; those who charge publicity fees, tell fans directly in the video introduction or video that this is a video that contains advertisements. try it out or try it out.

  Generally speaking, customers feel deceived after being attracted by the video of the shop, and it is difficult to find the bloggers of the shop to defend their rights.

However, in some cases, the bloggers who publish advertisements are also liable. For example, according to the Advertising Law, if the false advertisements of goods or services related to the life and health of consumers cause damage to consumers, the advertisement operators and advertisement publishers , the advertising spokesperson shall bear joint and several liability with the advertiser.

  Zhu Xiaojuan: According to Article 14 of the Advertising Law, the Measures for the Administration of Internet Advertising (Draft for Public Comments) and other regulations, this kind of promotion of goods or services in the form of bidding ranking, news reporting, experience sharing, and consumption evaluation through the Internet media, "Advertising" should also be prominently marked.

Advertisements should be identifiable, enabling consumers to identify them as advertisements.

  Chen Yinjiang: Whether it is business promotion or shop exploration based on their own interests, in either case, bloggers should ensure that the content is true and accurate.

If a blogger deliberately uses false positive and negative reviews as a bargaining chip to seek benefits from the store, it may infringe the store's right to operate independently. If another operator hires someone to review the negative reviews, the operator may constitute unfair competition; constitute racketeering.

  Reporter: With the rapid increase in the number of bloggers who visit stores, there are also many chaos in the field of store visits, and some irregular store visits have been exposed many times. What is the reason?

  Yao Zhiwei: Chaos is like a fake shop visit, which is very concealed and difficult to detect and identify.

Store exploration is different from traditional propaganda, in that there is a certain degree of separation between store owners and advertisements.

Visiting a store is very subjective. It cannot be said that there must be a problem with a positive or negative review, and it is difficult for the regulatory authorities to identify it.

  Chen Yinjiang: The emergence of all kinds of chaos in shop visits is mainly due to the fact that bloggers are a new type of propaganda method, the legal nature of relevant behaviors, the division of responsibilities of relevant subjects are not clear enough, and the relevant laws are not perfect enough, so the Some dishonest individuals or businesses provide opportunities for edge balls.

  Reporter: What is the real meaning of shop bloggers and the bottom line they should abide by?

What should all parties do to reduce chaos?

  Orange fly: This is an emerging industry, and there are currently no more specific policies and regulations to regulate it.

But no matter what industry or industry, I think at least it must be true, the recommended things must be worthy of their conscience, and they should tell their true experiences and feelings, so that everyone can judge and choose.

For shop-exploring bloggers, if they want to reduce the chaos in the shop-exploring process, all they can do is to be real, so as to promote the healthy operation of the industry.

  Zhu Xiaojuan: Relevant industry associations should conduct propaganda and guidance for stores, and bloggers who are identified as advertising spokespersons or advertisers should also accept the guidance of advertising industry associations. Information release platforms actively monitor and take necessary measures for illegal advertisements.

As consumers, we must also be cautious and pay attention, not just listen to the words of bloggers and consume rationally.

  Chen Yinjiang: In the long run, the relevant rules and regulations should be further improved, and the legal attributes of bloggers visiting stores should be clearly refined.

The regulatory authorities should, in accordance with existing laws and regulations, severely crack down on acts that violate laws and regulations or damage the public interest; relevant platforms should improve their rules and strengthen daily supervision, businesses should operate in good faith and law-abiding, and Tandianbo mainly maintains the bottom line of integrity and provides the public with Real and objective evaluation content; consumers should also continuously improve their awareness of self-protection. If they find that their rights and interests have been damaged, they should keep relevant evidence in a timely manner and protect their legitimate rights and interests in accordance with the law.