Delineate behavior red line sharing "blacklist" 

Live broadcast bring goods to wear the "golden hoop" of the rule of law

  □ Our reporter Zhao Chenxi

  With the increasing popularity of online shopping, many people are no longer satisfied with their own pictures and introductions, and place orders from the e-commerce platform. Instead, they need some people to give "professional" recommendations and explanations. This also makes the live broadcast The goods are getting hotter and hotter.

  According to the "Statistical Report on China's Internet Development Status", as of December 2020, the number of online live broadcast users in my country has reached 617 million, of which e-commerce live broadcast users have reached 388 million, an increase of 123 million from March 2020, accounting for the total number of Internet users Of 39.2%, ranking first in the number of various webcast users.

  However, while some people earn a lot of money from live broadcasts, many merchants and host broadcasters use the loopholes in content review and supervision and management of live broadcast platforms to conduct false propaganda and sell counterfeit and shoddy products. Damage the legitimate rights and interests of consumers.

  In response, on April 23, seven departments including the State Internet Information Office, the Ministry of Public Security, the Ministry of Commerce, the Ministry of Culture and Tourism, the State Administration of Taxation, the State Administration of Market Supervision and Administration, and the State Administration of Radio, Film and Television jointly issued the Measures for the Administration of Webcast Marketing (Trial Implementation) )” (hereinafter referred to as the “Measures”), which will be implemented on May 25.

  Liu Junhai, director of the Institute of Business Law of Renmin University of China, said in an interview with a reporter from the Rule of Law Daily that the Internet cannot be as big as the French Open. The promulgation of the "Measures" will put the rule of law "golden hoop" on the live streaming industry and effectively rectify the chaos in the industry. Elephant.

  Live delivery of the "First Law"

  In the "2019-2020 China E-commerce Legal Report" released by the domestic e-commerce think tank NetEconomics and Social E-commerce Research Center, the "live-streaming delivery risk" is one of the "2019-2020 top ten e-commerce legal risks".

  The reporter noticed that before the seven departments jointly issued the measures, the relevant departments released a batch of specifications related to webcasting in 2020.

  In June 2020, the Media Shopping Professional Committee of the China Chamber of Commerce drafted and formulated the live shopping industry group standard "Live Shopping Operation Management and Service Specifications (Draft for Comment)", on the basic requirements of live shopping management and service, and product quality requirements , Operator management, live broadcast personnel, etc., this specification is the first national standard in the live shopping industry.

  The China Advertising Association released the "Code of Conduct for Online Live Marketing" on June 24, 2020, which is applicable to merchants, anchors and other participants who sell products or provide users in the form of live broadcast on online platforms such as e-commerce platforms, content platforms, and social platforms. This specification is the first special regulation on webcast marketing activities issued in China.

  On June 30, 2020, Zhejiang E-commerce Promotion Association issued the "Live E-commerce Talent Training and Evaluation Norms", which is the first domestic standard for live e-commerce practitioners.

  Although relevant departments have collectively issued some norms, in the opinion of Yang Chunbao, senior partner of Dacheng (Shanghai) Law Firm, these norms are relatively scattered and have a low level of effectiveness. Market supervision and law enforcement agencies and judicial authorities are handling or hearing related complaints or complaints. The case can only be based on universal laws such as the e-commerce law and advertising law. Therefore, there is an urgent need to introduce a targeted and high-level regulation to regulate various chaos in the webcast industry.

  Yang Chunbao believes that the promulgation of the "Measures" undoubtedly makes up for this problem, and has made more detailed regulations on the obligations and legal responsibilities of the main practitioners of the industry. It is currently the "first" in regulating online live broadcast marketing. Dafa".

  Clarify the age limit for practitioners

  Nowadays, more and more minors have come into contact with live webcasts. In addition to being viewers, it has also been exposed that some minors are packaged as anchors with goods, and use "naive" words to promote products.

  The "Measures" subdivide live broadcasters engaged in live marketing activities into live broadcast room operators and live broadcast marketers, and delineate a clear age limit, requiring natural persons to be at least 16 years old; minors over 16 years old apply to become For live broadcast marketers or live broadcast room operators, the consent of the guardian shall be obtained.

  Liu Junhai pointed out that minors "have not been deeply involved in the world", as anchors carrying goods, they are easily used by some merchants and marketing teams, and they will also have a negative demonstration effect on the society and should be explicitly prohibited.

  If it is said that underage anchors are “not deeply involved in the world”, then some relatively well-known anchors with goods are suspected of “knowingly committing crimes”.

  In May 2020, Internet anchor Liu Ergou, who has more than 18 million fans, showed that he sold 1,800 grams of tissues in a live broadcast. After purchasing, consumers found that only 500 of tissues were received. Gram, there has been a serious cargo error.

  In November 2020, Simba, a live broadcaster with tens of millions of fans, falsely advertised a flavored beverage with a bird's nest content of only 0.014% as a product with a high bird's nest content in a live broadcast.

  Not only that, some merchants who intend to promote are frequently subjected to "routines" by network anchors and their teams.

  At present, the main income model of anchors carrying goods is divided into three modes: pure pit fee, pure commission or commission plus pit fee. Among them, "commission" refers to the anchor based on the sales of the live room. The higher the sales, the more the share; The pit fee is a fixed fee for the introduction and promotion of products by the anchor.

  In order to gain high income, fraud in the live broadcast room is not uncommon.

The high popularity that supports the anchor's pit fee can be faked. Fans, number of viewers, likes, and interactions can also be purchased in bulk at low prices. Some anchors even hire a billing team to purchase goods first and then return them one after another.

Some merchants revealed that the live broadcast cost 150,000 yuan of pit fees, but the final return rate was as high as 90%, and the goods were all crushed in their hands.

  In response to all kinds of chaos, the "Measures" clearly stipulates that operators of live broadcast rooms and live broadcast marketers who engage in online live broadcast marketing activities should abide by laws and regulations and relevant national regulations, follow social public order and good customs, and release product or service information truthfully, accurately and comprehensively.

At the same time, it also stipulates that practitioners shall not publish false or misleading information to deceive and mislead users; prohibit the marketing of counterfeit and shoddy products, infringement of intellectual property rights, or products that do not meet the requirements for protecting personal and property safety; prohibit falsification or tampering of transactions and concerns 8 red lines, including data traffic fraud such as degree, pageviews, and likes.

  Strengthen consumer protection

  Consumers suffer the most from live broadcast rollovers. The China Consumers Association has pointed out many times that it is difficult for consumers to protect their rights in the field of live streaming.

  In Liu Junhai's view, the cost of violations of lawbreakers is lower than the benefits of violations, and the cost of consumer rights protection is higher than the benefits of rights protection, which is the key reason for the repeated prohibitions of illegal activities of live streaming.

  In order to strengthen the protection of consumer rights and interests, the "Measures" stipulate that consumers can jump to other platforms to purchase goods or receive services through links in the live broadcast room, QR codes, etc. When a dispute arises, the relevant live broadcast marketing platform shall actively assist consumers to maintain Legal rights, provide necessary evidence and other support.

Live broadcast room operators and live broadcast marketers shall perform consumer rights protection responsibilities and obligations in accordance with laws and regulations, and shall not deliberately delay or refuse legitimate and reasonable requests made by consumers without justified reasons.

  Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, believes that the provisions of the "Measures" are an extension of the Consumer Rights Protection Law in the field of live delivery of goods. In particular, platforms are required to provide necessary evidence of rights protection to provide support for consumer rights protection.

  Throughout the past cases, there were problems with live broadcasts, consumer rights were damaged, and anchors were questioned, but live broadcast platforms often "escaped by fluke."

The "Measures" focus on consolidating the responsibilities of live broadcast platforms, requiring live broadcast platforms to establish and improve accounts and live broadcast marketing functions, registration and cancellation, information security management, marketing behavior specifications, protection of minors, protection of consumer rights, protection of personal information, Mechanisms such as network and data security management.

  For live broadcast rooms with a large number of fans and large transaction amounts, the Measures further strengthened the supervision and required the platform to take preventive measures such as special personnel for real-time inspections and extending the storage time of live content.

At the same time, the platform is required to take measures such as blocking live broadcasts, closing accounts, putting on a "blacklist", and joint disciplinary actions against illegal activities.

  Zhao Zhanzhu, a special researcher of the Intellectual Property Research Center of China University of Political Science and Law, pointed out that live broadcasting is instantaneous. Currently, it is resolved through reports and complaints after the fact. Measures such as real-time inspections provided in the Measures will help strengthen precautions.

  It is worth noting that in order to avoid the problem of water management in Kowloon, the "Measures" proposes that the seven departments shall establish and improve the clue transfer, information sharing, consultation and judgment, education and training and other working mechanisms, and do a good job in the supervision and management of webcast marketing according to their respective responsibilities. , Implement information sharing on the list of live marketing market entities that have seriously violated laws and regulations, and carry out joint punishments in accordance with the law.

  While welcoming the strongest supervision, Zhao Occupation also hopes that the cargo anchors can raise their legal awareness and regulate their own behavior.

The anchor promotes the product that he manages, and his role is the product seller. If the promotion content is false, it is suspected of committing a crime of fraud; if he promotes the business, his role is the advertising operator and the advertising publisher, and he needs to deal with the business as the advertiser. The authenticity and legitimacy of the advertising content are to be reviewed, otherwise they will be suspected of violating the Advertising Law and bear corresponding legal liabilities.