On March 2, the Beijing Sunshine Consumption Big Data Research Institute and the Consumer Rights Protection Law Research Center of the University of International Business and Economics jointly held an online press conference on the Public Opinion Report on Consumer Rights Protection with Live Streaming (2021) (hereinafter referred to as the "Report").
Chen Fengxiang, deputy secretary-general of the Beijing Consumers Association, said at the press conference that in 2021, the Beijing Consumers Association's 96315 hotline received a total of 2,026 complaints from consumers about live streaming, an increase of 1,021 complaints in 2020. 98.43%.
Judging from the issues reflected by the public opinion on consumer rights protection through live streaming, the "Report" pointed out that product quality, false propaganda, and misleading prices are the most prominent issues.
In this regard, Su Haopeng, director of the Consumer Rights Protection Law Research Center of the University of International Business and Economics, suggested that in response to the problems existing in live streaming, the responsibilities of the platform should be clarified and compacted, the legal awareness of the anchor group should be improved, and supervision and management should be continuously increased. Punishment.
The three major problems of product quality are the most prominent
The "Report" pointed out that the problems consumers complained were concentrated in seven aspects, including product quality, false publicity, misleading prices, inducing over-the-counter transactions, returning goods, slow delivery, and selling prohibited goods.
Among them, 32.35% were involved in product quality problems, 31.64% were false propaganda, 30.21% were misleading in price, 2.69% were inducing over-the-counter transactions, 1.83% were returned, 1.2% were slow in delivery, and 1.2% were sold. Prohibited goods accounted for 0.09%.
It can be seen that the problems of product quality, false advertising, and misleading prices are the most prominent.
Among them, the main problems reflected on the Taobao platform are false propaganda and misleading prices; the main problems reflected on the Kuaishou platform are the induction of over-the-counter transactions and product quality.
On October 29, 2021, the results of a survey on consumer experience with live streaming jointly released by the Beijing Consumers Association and the Hebei Provincial Consumer Rights Protection Committee showed that among the 100 live streaming samples, 17 samples were suspected of false propaganda. .
For example, the experiencers saw in Taobao's "Slimming Queen Zheng Duoyan" live broadcast room that when the anchor introduced a white jade lychee flavored drink, he declared that "it will be effective after a day" and "it can help you drain oil and manage your belly fat." , and removes moisture.”
During the "Double 11" period in 2021, the inspectors of the Zhejiang Provincial Consumer Protection Commission purchased a suction cup audio nameplate in the live broadcast room of "Rongwei No. 7 (Xiao Xuange)" on the Kuaishou platform, without the name of the manufacturer or responsible distributor. No trademark or identification mark, no model code or model, no symbol of the nature of the power supply, no rated current consumption or rated power consumption, no relevant instructions for standard requirements, and does not meet the relevant provisions of GB8898-2011.
Insufficient regulation and penalties
Su Haopeng said that the public opinion data shows that, as a new type of Internet consumption mode, live streaming has the characteristics of new mode, many subjects, large traffic, high frequency, complex legal relationship, etc. The relevant laws and regulations are not clear and specific, and the regulatory authorities The prudent and inclusive supervision of new business formats will undoubtedly make some speculative merchants and lawbreakers take chances and seek economic benefits by playing side balls or harming consumers' rights and interests.
What is the main reason for so many problems with live streaming?
The analysis of the "Report" pointed out that, firstly, some platforms lack a sense of responsibility, and secondly, some anchors lack integrity and self-discipline. The key is that supervision and punishment are not enough, resulting in some violations of laws and regulations or damage to consumers' rights and interests. Live streaming behaviors have not been timely and effective Handling, objectively condones some dishonest and unlawful live streaming business behaviors.
It is recommended to compact the responsibility of the platform and increase the punishment
In this regard, the "Report" suggests that the responsibility of the platform should be clarified and compacted, and the relevant platforms should strictly follow the requirements of relevant laws, regulations and policy documents, improve the qualification review of anchors and sellers and the platform rules and regulations, and strengthen the daily management of anchors and merchants on the platform. , warn the risks of private transactions in a significant way, and smooth the channels for consumer rights protection and complaints, and strengthen and improve the construction of after-sales service system.
The "Report" also recommends that supervision and punishment should be continuously increased.
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 bottom line of the law to ensure that it develops within the norm.
For platforms with poor management and repeated problems, urge them to implement rectification through interviews, ordering rectification, etc.; for anchors and merchants who obviously violate the law or damage the rights and interests of consumers, they should be severely punished in accordance with the law, and listed according to the severity of infringement. The credit blacklist will effectively enhance the effectiveness and deterrent effect of supervision.
Yang Zhaokui