Dahe Daily·Yu Video Reporter Liang Qihui On the evening of September 10, anchor Simba released a video saying that at 8:00 pm on September 11, he would start a live broadcast and bring 100 million yuan for compensation. The reason for this move was that during the live broadcast

Dahe News·Yu Video Reporter Liang Qihui

On the evening of September 10, anchor Simba released a video saying that at 8:00 pm on September 11, he would start a live broadcast and bring 100 million yuan for compensation.

The reason for this move was that during the live broadcast on August 31, Simba and Brother Yang had different prices when selling the same brand of hairy crabs. Simba later said that he had been reported by Xiao Yang's team. Immediately afterwards, Simba accused the other party of problems in quality inspection, after-sales and other aspects.

html On September 4, the conflict escalated again. Simba proposed that if Brother Yang did not take the initiative to compensate for the disputed goods he sold, he would spend 100 million yuan to compensate consumers for Brother Yang.

That night, Lu Wenqing, the founder of Sanyang Group, said that he had refunded products such as pickled pork with pickles and had not received any punishment from relevant departments for the incident. In an interview with the media, the Municipal Supervision Department of Hefei High-tech Zone stated that there is currently no evidence that any sales funds flowed to Three Sheep in the "Caotou Meat Incident", so consumers can only ask for compensation from the sellers and producers. Three Sheep is only an advertising publisher, so it can only be held accountable at the advertising level, but currently there are no facts about their false advertising.

html On September 10, a reporter from Dahe News·Yu Video’s “Seeing” noticed that in the display windows of accounts such as “Crazy Little Yang Ge” and “Three Sheep Network” under Three Sheep, the product pictures of some products were marked with two columns of small words: “ The seller of this product is the store operator to which the shopping link belongs, not this live broadcast room/window." It is understood that as of that night, the account "Crazy Little Yang Ge " had lost more than one million followers.

In response to the above incident, Fan Tao, director of the China Commercial Law Research Association, member of the legal expert database of the Henan Provincial Party Committee, and associate professor of the Henan University Law School, accepted an interview with a reporter from "See" and conducted a legal analysis.

Because of the hairy crabs, Simba and the three sheep "tangled" with each other for many rounds, Little Yang lost more than one million fans

According to Feigua data, "Crazy Little Yang" has more than 100 million fans on Douyin. The platform is "the first brother to bring goods". Brother Xiao Yang relies on "Three Yang Network" to carry goods. The company's full name is "Hefei San Yang Network Technology Co., Ltd." (hereinafter referred to as Three Yang Network). This company is one of the main entities of Xiao Yang's commercial operations. On February 18 this year, Anhui Province held a conference on creating a first-class business environment and promoting high-quality development of the private economy. At this conference, Three Sheep Network won the title of "Excellent Private Enterprise in Anhui Province".

Tianyancha app shows that the only shareholder of Sanyang Network is Sanyang (Hefei) Holding Group Co., Ltd. (hereinafter referred to as Sanyang Group). The legal representative and general manager of Sanyang Group is Zhang Qingyang (Crazy Little Yang), and its business scope includes venture capital, Internet sales, supply chain management services, etc.

"Jiang" reporter searched Feigua data and found that as of the evening of September 10, "Crazy Little Brother Yang" had lost 1.289 million followers in 30 days, with the largest loss of followers on September 5, reaching 156,200.

As the "Kuaishou brother", Simba has a fan base of 99.99 million+, and many of his "apprentices" have fans of 50 million. In the "Top 10 Accounts with Estimated Sales of Kuaishou Live Broadcast Delivery in 2023", "Simba" and "Dan Dan" have a record of bringing goods of over 10 billion yuan throughout the year, firmly ranking the "one brother and one sister" on the list of Kuaishou's goods delivery ". In the entire top ten list, Xinxuan Group occupies six seats.

So how did this fight between "Brother One" and "Brother One" break out?

The trigger was the same brand of hairy crabs sold by the two anchors.According to reports, the products sold by Brother Yang are 3 taels of male crabs, 2 taels of female crabs, and 4 pairs. The price is 298 yuan per box, and the second box is 0 yuan, which is equivalent to 149 yuan per box; Simba carries the goods The product is 4 taels of male crabs and 3 taels of female crabs, 4 pairs, priced at 238 yuan per box. If you buy three, you will get a total of 4 boxes, and you will get a box of iced black tea, which is equivalent to 178.5 yuan per box.

Simba publicly stated in the live broadcast that because his selling price was lower than that of Xiao Yang, the other team reported him. Simba also accused Xiaoyangge’s team of having problems with quality inspection, after-sales, compensation attitude, etc., and suggested that Xiaoyangge’s business model was imitating his.

Simba’s fierce words in the live broadcast quickly received a response from Xiao Yang’s team. Three Sheep co-founder Lu Wenqing and others said in the live broadcast that Simba’s behavior was “seeking traffic without a bottom line.”

Soon, Simba broadcast again and broke the news that Lu Wenqing might have committed illegal acts, and also suggested that Lu Wenqing and Xiao Yang had teamed up to send a girl to prison. Netizens speculated that it might be referring to the female anchor Momo who has not updated her account in 9 months. The conflict between the two sides further escalated.

html On September 4, Simba issued a document stating that it had notified all channels of the company to ban the sale of hairy crabs this year. He also stated that he had decided to give Brother Yang a week to deal with the after-sales and compensation issues of the disputed products. If the other party does not pay compensation, he will decide He spent 100 million yuan to pay compensation for Brother Yang and Three Sheep, saying he was "bold enough to teach the industry a lesson."

That night, Lu Wenqing released a video response. Regarding the quality and after-sales issues of products such as pickled pork with pickled vegetables that the Internet has been concerned about, after the media exposed them, the relevant departments conducted an investigation and synchronized the investigation results with him. So far, Sanyang Company has not received any punishment from relevant departments for this incident. After the incident occurred and before the investigation results came out, a refund was made.

Many netizens claimed that they received refunds for "Meicai Braised Pork", but were refused "refund one and compensate three"

In fact, as early as March 18 this year, Hefei Three Sheep Network Technology Co., Ltd. had targeted " They issued a statement regarding the "Caotourou" incident. They said that they started consumer registration and advance advance payment and refund work that night. "After the results of the relevant departments are confirmed, our company will ensure that on the basis of advance payment and full refund, legitimate rights and interests of consumers”. In this statement, they did not promise to "refund one for three" to consumers.

Reporters noticed that as of September 10, many netizens posted screenshots of orders, saying that they had purchased the "Meicai Braised Pork" sold in the live broadcast room of Three Sheep. They had recently applied for a refund, and they had indeed received the order. I received a refund, but there was no "refund one, get three for three" or additional compensation. In the picture posted online, customer service said that only refunding is "customer service's best solution."

Some netizens commented, "You left early, you should wait and get a refund of 3%" and "You can ask for a refund of 3%"; some netizens who posted orders said that when they asked for compensation, they were explicitly rejected by customer service.

"China Quality Supervision" reported on April 1 that a consumer who purchased "Meicai Braised Pork" from San Yang Network went to the customer service of San Yang Network to negotiate "refund one and compensate three", but After being blocked by customer service, the consumer sued Donghui Foods and Three Sheep to court. At present, the consumer's social account has deleted the content related to "Mei Cai Pork".

Previously, relevant staff of the Market Supervision and Administration Bureau of Hefei High-tech Zone said in an interview with the media that in the "Caotou Rou Incident", there is currently no evidence that the sales funds of "Meicai Braised Pork" flowed to Three Sheep. Consumers can only ask for compensation from sellers and producers. Three Sheep is only the publisher of advertisements, so they can only be held responsible for their advertising, but there is currently no fact that they have false advertising.

Reporters noticed that in the three-sheep "taught meat incident", the payee was Hubei Xiaocheng Youxuan Technology Development Co., Ltd., the producer was Anhui Donghui Food Technology Co., Ltd. (hereinafter referred to as Donghui Food), and Donghui Food was one of the companies that was exposed by CCTV at the 2024 "March 15" party for using unstrictly processed tautoou meat to make pickled pork with pickles.

Legal analysis: Just because you are not the seller does not mean that you will not assume responsibility.

So, in the "Caotou Rou Incident", do consumers have the right to demand "refund one and compensate three"?

Fan Tao, a director of the China Commercial Law Research Association, a member of the Henan Provincial Party Committee’s legal expert pool, and an associate professor at the Henan University Law School, said that it depends on whether the "Mei Cai Pork" purchased by consumers complies with food safety regulations. If the food safety standards are met, there will be no problem if the consumer refunds the goods purchased online within seven days without reason according to the "Consumer Rights Protection Law of the People's Republic of China", or if the refund is made according to the operator's commitment; if it does not meet the food safety standards, In addition to requesting compensation for losses, consumers may also request compensation from producers or operators for ten times the price or three times the loss; if the amount of increased compensation is less than one thousand yuan, the amount shall be one thousand yuan.

After the "March 15 Party" in 2024, the Fuyang Municipal Market Supervision and Administration Bureau announced the investigation results saying that Donghui Food had falsely marked the production date, failed to fulfill its obligations to obtain certificates, invoices, and purchase inspections in accordance with the law, and failed to formulate and comply with prescribed matters. For violations of the production and operation process control requirements, a fine of 5.7344 million yuan was imposed and included in the list of serious violations and dishonesty.

What kind of responsibility should the live broadcast room bear if it sells substandard products?

Fan Tao said that it depends on the nature of the products carried in the live broadcast room. The sales of goods in the live broadcast room generally include two different forms: selling self-operated goods and selling goods for others. If you are selling self-operated products, there is no doubt that the operator of the live broadcast room is also a seller. He should bear the responsibilities and obligations of the product seller in accordance with the "Consumer Rights and Interests Protection Law" and other obligations, and must also bear the responsibility of the advertiser in accordance with the "Advertising Law" responsibilities and obligations; if the live broadcast room sells goods for others, according to the provisions of the "Internet Advertising Management Measures", the live broadcast room operator may constitute an advertising operator, advertising publisher, or advertising spokesperson, and must bear legal responsibilities corresponding to his or her status. and obligations.

"Not being a seller does not mean that it does not assume responsibility." Fan Tao said that even if Three Sheep is indeed not a seller of goods, in accordance with the provisions of the Advertising Law and Internet Advertising Management Measures, Three Sheep still has to bear the responsibility of advertising operators and advertising publishers. For example, advertising operators must establish complete advertising files, check corresponding supporting documents before publishing advertisements, check advertising content, and the advertising content must be identifiable.

In addition, according to the provisions of the Advertising Law, if false advertising of goods or services related to the life and health of consumers causes damage to consumers, the advertising operators, advertising publishers, and advertising spokespersons shall bear joint and several liability with the advertiser. If false advertisements for goods or services other than those specified in the preceding paragraph cause harm to consumers, the advertising operators, advertising publishers, or advertising spokesmen who know or should know that the advertisements are false still design, produce, act as agents, publish, or make recommendations or certifications , shall bear joint and several liability with the advertiser.

In response to the Three Sheep account’s behavior of marking some product pictures in the window with words such as “The seller of this product is the store operator to which the shopping link belongs, not this live broadcast room/window”, Fan Tao said that this statement is also Can't help the three sheep completely escape responsibility.

Article 12 of the "Regulations on Several Issues Concerning the Application of Law in the Trial of Online Consumer Disputes (1)" states that if consumers' legitimate rights and interests are harmed by clicking to purchase goods in an online live broadcast room, the operator of the live broadcast room cannot prove that the law is sufficient to make the consumer If the method of identifying the live broadcast room indicates that it is not the seller and indicates the actual seller, the court should support the consumer's claim that the live broadcast room operator bears the responsibility of the seller of the product. If the live broadcast room operator has fulfilled its obligation to indicate, the court should make a determination based on factors such as the appearance of the transaction, the agreement between the live broadcast room operator and the operator, the cooperation model with the operator, the transaction process, and consumer awareness.

In response to Simba’s act of paying compensation on behalf of Three Sheep, Li Min, a special researcher at the e-commerce research center of NetEase and a senior partner of Shanghai Hansheng Law Firm, said in an interview with the media that Simba’s move has legal implications. issues need to be handled with caution. As a third party, Simba has no contractual obligation to compensate Three Sheep consumers. Assuming that there is a situation where Three Sheep needs to pay compensation to consumers, Simba's behavior belongs to the liability of a third party. If Three Sheep’s liability involves administrative penalties, Simba cannot compensate consumers on behalf of Three Sheep. It also stated that Simba's move may constitute unfair competition if it damages the business reputation of competitors or attracts consumers through unfair means.

In this regard, Fan Tao also put forward his own opinion: "Whether it constitutes unfair competition is a systemic issue. Judging from the fact that Simba spent 100 million yuan to pay compensation for Three Sheep, there is too little effective information and it is impossible to do anything about it. "Live streaming is a new thing that has developed in recent years. Although the country has successively promulgated laws and regulations such as e-commerce laws and Internet advertising management measures, there are still many new problems left for legislators and law enforcers in practice. , consumers to think and explore. (For news reports, please send a private message to the WeChat official account "Dahe See")

Source: Dahe Daily·Yu Video Editor: Liu Huijie