Recently, France's finance minister submitted a text of guidelines for good conduct for influencers, which states that influencers must not promote cosmetic or aesthetic content on some social networks, and must be "transparent" when using beauty filters to keep subscribers informed.
However, there are many cases of consumer rights and interests infringement caused by product distortion caused by beauty filters in China. Is the use of "beautification functions" in live streaming justifiable, or should it be explicitly prohibited? Should consumers be clearly informed about the use of "beauty filters" when using "beauty filters" in commercial goods? How should consumers' right to know be protected?
Phenomenon one
Problems with live streaming are frequent in various tracks
On March 3, the China Consumers Association released the "Investigation Report on the Impact of Third-Party Assessment on Consumer Rights and Interests", showing that 21.93% of third-party assessments were suspected of having problems with evaluation standards, of which 1.55% were suspected of having problems with business and strategy and 7.35% were suspected of false assessments.
In the two works of Xiaohongshu blogger "Meow Dada", when describing skin care products, he photographed his dull skin before use to the translucent skin after use, claiming that "you can instantly brighten a whitening product with one use", which was later determined by the China Consumer Association to be suspected of false propaganda.
Cleaning up blackheads, acne, acne, etc. is also very common in beauty bloggers' videos with goods. In the video, the comparison of the left and right faces of the blogger himself is often used to show the state or multiple redness and acne after enlargement such as closed blackheads, and on the other hand, to show the smooth and delicate skin after using the product, forming a contrast, in order to show the efficacy of the product and stimulate consumers' desire to buy such products.
In addition to skincare, the jewelry track has a precedent for lawsuits over the use of filters. Mr. Wang, a consumer, purchased a gemstone pendant in a live broadcast room set up by an e-commerce platform and paid 5,<> yuan. After receiving the goods, defects and scratches were found, and Mr. Wang applied for a return and refund at the first time, but was sued by the merchant in court. The merchant believes that the product is fully displayed to the consumer in the form of a video or photo before it is delivered. Mr. Wang said that the beauty filter of the live broadcast is too strong to see clearly, and the cracks also need to be zoomed in to see.
In fact, when the live broadcast opens the beauty, in addition to beautifying the face, it will also smooth out the details of the product, seriously affect the texture of the product, and then mislead consumers' choice. The judge of the Beijing Internet Court reminded consumers that they should have a sense of screening and evidence when ordering valuables in the live broadcast room, and should not get lost in various beauty filters.
Not only jewelry, but also food tracks will "step on the thunder". Netizen Xiao Li said, "The food eaten by food bloggers is so tempting, I also bought it twice. However, both times the experience was not very good, "quite different from the colors in the video."
Phenomenon two
Deliberately beautifying pictures is deceptive
The same as live streaming goods, the sense of distance between consumers and physical objects has changed to the "play space" of merchants, and it seems that the sense of gap in opening a "homestay blind box" is not uncommon.
A netizen Xiao Shang said that he saw a castle-like homestay on the Xiaohongshu App and came to experience it. But the surrounding environment can't bear to look at it directly, "the ground sewage is flowing horizontally, and the decoration is not at all related to the pictures on the Internet." ”
"I booked a Sanya homestay on an online travel service software, and it cost nearly 1,000 yuan a night. But thinking that it was a sea view room and close to the airport, I came to Sanya with joy, and the result was that the room was not clean and it was completely 'deception'. Netizen Xinxin revealed to a reporter from Beijing Youth Daily.
Xiaoxiong, a consumer with rich experience in booking homestays, said that one of the deceptive things about homestay photos is the size of the space. A 30-square-meter house can be photographed at a wide angle to 130 square meters, and even has a small garden. The second is filter color grading, even if there is no sunlight on rainy days, you can add a layer of "beauty" to the room through the later color grading, so that the room looks bright and spacious.
The Consumer Council of Guangdong Province reminds that in view of the fact that some businesses take advantage of consumers' weak position that they are unfamiliar with the surrounding environment of homestays and deliberately beautify promotional pictures, it is recommended that consumers should not only choose homestays based on the overly decorated beauty photos of merchants on the platform, but also focus on referring to the real pictures and comments uploaded by consumers in the past to avoid "stepping on pits".
Phenomenon three
Beauty and filters seem to have become routine
Throughout the domestic live broadcast industry, it seems that opening beauty and adding filters has become a routine. The audience is also quite "tolerant", and even defaults to the fact that those with excellent appearance are more convincing to bring goods.
Recently, a girl in Gansu in 1996 was ridiculed by netizens for not opening her beauty and makeup during live broadcasting, and was ridiculed by netizens as "black, fat and ugly". She said that because what she is doing is a live broadcast of agricultural products, she needs to make the food match the video, and the beauty filter will affect the appearance of the food. Not only amateurs, but also celebrities are not exempt from vulgarity. Some time ago, Chen Zhipeng, a former member of the Little Tiger Team, promoted cosmetics and food to netizens in the form of live streaming on his personal social account, but was complained by many netizens because he did not open his face. However, most netizens still believe that live streaming should never be a happy scene of skin, sincerity and naturalness cannot be less, and falsehood and routines are not necessary.
News memory
Targeted legislation in many European countries
Restrict influencers from opening filters and P-images
On March 3, French Finance Minister Bruno Le Maire introduced a bill that aims to establish a strict legal framework for influential bloggers to do business, stating that they need to specify when posting content using filters or retouching photos, and prohibiting the promotion of cosmetic surgery.
The purpose of this bill is to limit the psychological impact of social media on users. Failure to comply with the new law could result in up to two years in prison as well as a fine of 30,<> euros.
Of course, opposition voices have also appeared frequently, more than 150 French Internet celebrities have jointly called for opposition, saying that only a few people break the rules, the current live broadcast environment is benign and prosperous, and the introduction of legislation will affect the green development of the industry.
The Beiqing News reporter combed and found that many European countries restrict the use of filters and P maps by Internet celebrities is not the only case. As early as 2021, the Norwegian Ministry of Children and Family Affairs drafted an amendment and passed it by a vote of 75 to 15 in Parliament. The amendments aim to combat the unrealistic aesthetic standards prevalent on social media in order to curb the blind pursuit of "body deformities" by the country's citizens.
The amendment clarifies that photos used in ads that have been edited to their figure, shape or skin will need to be labeled with standardized labels designed by the department. The amendment requires uploaders to acknowledge changes made to the image after it was taken. Violators are fined and, in extreme cases, may face imprisonment.
Most officials in Germany's 16 states want federal government legislation to flag images and videos that use beauty filters to enhance faces, skin or hair, including advertisers and influencers.
Expert opinion
Chen Yinjiang: When opening "beauty" to bring goods, it should be clearly indicated
Should the use of "beauty filters" when online celebrities bring goods live? Chen Yinjiang, deputy secretary-general of the Consumer Rights Protection Law Research Association of the China Law Society, said in an interview with a reporter from Beiqing News that China's laws clearly stipulate that consumers have the right to know the true situation of goods or services when purchasing or using goods or receiving services. The information provided by proprietors to consumers about goods or services shall be truthful and comprehensive, and must not make false or misleading publicity. Whether it is traditional product advertising or live streaming through influencers, consumers have the right to know the real situation of the product. Internet celebrities deliberately beautify products and the effect of products after use through the "beauty filter" function, which is equivalent to providing consumers with untrue promotional information, which is likely to mislead consumers. Consumers do not fully understand the real situation of the goods, and are misled to make purchase choices by the publicity effect of the "beauty filter", indicating that consumers' right to know and right to choose have been seriously damaged.
"It is understandable that merchants appropriately use some beauty functions, but they must maintain a reasonable scale, and cannot exaggerate the performance of the product or conceal the true situation of the product through the beauty function." Chen Yinjiang said, "In particular, consumers should not be deliberately misled into making wrong purchase choices. Chen Yinjiang believes that merchants can use the beauty filter function in moderation, but it is necessary to "explicitly inform" consumers.
Chen Yinjiang said that China's "E-commerce Law" also clearly stipulates that e-commerce operators should comprehensively, truthfully, accurately and timely disclose information on goods or services to protect consumers' right to know and choice. The product information advertised in the live stream must be true and accurate.
In the case that the use of "beauty filters" in online celebrities live streaming is very common, it is easy to cause damage to the legitimate rights and interests of consumers. At present, although there are relevant laws and regulations on the new problems brought about by such emerging models, they are not clear and specific enough, resulting in some businesses having a fluke mentality and crossing the line of infringement, it is difficult for consumers to protect their rights when they encounter problems, and the regulatory authorities also lack a clear and specific basis for law enforcement.
Although the E-Commerce Law has not been officially implemented for a long time since 2019, e-commerce has developed rapidly in practice, and some places have been unable to adapt to the pace of practical development. Chen Yinjiang believes that it is necessary to strengthen targeted legislation, draw a legal "red line" for platforms, merchants and Internet celebrities, and effectively protect consumers' right to know and choice. He suggested that in the process of revising the E-Commerce Law, content such as "the use of 'beauty filters' should be clearly stated" should be clarified, which will play a positive role in solving such violations of consumers' right to know and choice.
Liu Junhai: Using filters to make trouble or constitute fraud
Professor Liu Junhai, director of the Institute of Commercial Law of Chinese Minmin University, said in an interview with a reporter from Beiqing News that everyone has a heart for beauty, just to entertain themselves, show it to relatives and friends in the circle of friends, not for profit, and the use of beauty filters is understandable. However, for the purpose of profit, the use of "beauty filter" to exaggerate the promotion of a certain product or a certain peculiar effect, and this effect is objectively not brought about by the goods and services themselves, but caused by human intervention, and consumers must be truthfully informed. In particular, the relationship between the actual effect of cutting products and filter technology is purely a naked deliberate attempt to create illusions and conceal the truth. Misleading consumers into believing that they are true and being deceived constitutes fraud.
For example, Internet celebrity bloggers promote "whitening cream", and the whitened face displayed is not a real presentation, but uses filters and digital modification technology, and consumers have no whitening effect after purchasing "whitening cream"; The jewelry in the live stream is flawless under the filter, and consumers find it flawed after purchasing. Such phenomena constitute fraud.
Liu Junhai suggested that businesses must remember one sentence - one to say one, two to say two, and telling only half of the truth is equivalent to lying. There is an obligation to inform consumers of information that they do not know.
If the merchant is found to have committed fraud, the consumer can claim compensation according to the law. Liu Junhai explained: "The Consumer Law has clearly proposed 'punitive damages'. As Article 55 makes it clear, where proprietors commit fraudulent acts in providing goods or services, they shall, at the request of consumers, increase the amount of compensation for the losses suffered, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of increased compensation is less than $500, it will be $500. Where food safety is involved, where food is produced that does not meet food safety standards or food that is known to be food that does not meet food safety standards, consumers may also demand compensation of 10 times the price or three times the loss from the producer or operator, in addition to claiming damages; If the amount of increased compensation is less than 3,1000 yuan, it is 1000,<> yuan. ”
Liu Junhai said that some practices in European countries are worth learning from - any live broadcast using beauty filter technology must be disclosed to inform consumers. He called on relevant departments to issue relevant regulatory rules as soon as possible, such as the State Administration for Market Regulation and the Cyberspace Administration of China and other departments jointly issuing relevant departmental rules to fill legal loopholes and eliminate legal vacuums.
This group of text/reporter Lin Lishuang intern Yang Xinyu
Co-ordinator/Yu Meiying