[Text/Observer.com columnists Gao Yandong and Liu Yicen] In recent years, live streaming of goods has been like a whirlwind, sweeping the entire e-commerce market and becoming the new favorite of consumers for shopping. But behind this craze, there is a huge loophole in the ancho

[Text/Observer.com columnists Gao Yandong and Liu Yicen]

In recent years, live streaming of goods has been like a whirlwind, sweeping the entire e-commerce market and becoming the new favorite of consumers for shopping. But behind this craze, there is a huge loophole in the anchor's credit system, which makes people sweat.

Recently, Sanyang Company was investigated for suspected false propaganda, which once again brought the legal risks of live streaming to the forefront. This incident not only aroused widespread public attention, but also posed a severe challenge to the supervision of live streaming.

False publicity has become one of the most prominent legal issues in live streaming. In the Three Sheep incident, Brother Yang claimed in the live broadcast room that the mooncakes sold were high-end Hong Kong brands. In fact, the brand operator of "Hong Kong Meicheng Mooncakes" was Guangzhou Meicheng Food Co., Ltd. The anchor's description of the product was inconsistent with the actual situation. The situation is seriously inconsistent, causing consumers to make mistaken purchases and damaging the legitimate rights and interests of consumers.

The live streaming behavior of online anchors is actually the promotion of goods using the Internet as a medium, and should be regarded as advertising in nature. Article 4 of the "Advertising Law of the People's Republic of China" clearly stipulates: "Advertisements shall not contain false or misleading content, and shall not deceive or mislead consumers." In addition, Article 8 of the "Anti-Unfair Competition Law" and "Consumers Article 20 of the Rights Protection Law stipulates that consumers shall not be deceived or misled.

Three Sheep Company claimed that the mooncakes are a high-end brand from Hong Kong, which is inconsistent with the facts. It misled consumers to buy, seriously damaged the legitimate rights and interests of consumers, and also violated the relevant provisions of the Advertising Law and other laws. During the live broadcast, the anchor

used popular Internet language and exaggerated performance techniques to try to create a "buy and earn" atmosphere to attract consumers' attention, and then used vague and inductive language to induce consumers. This kind of false advertising seriously disrupted the market order and damaged the trust of consumers. It not only caused the Three Sheep Company to face administrative penalties, but also may bear civil liability for compensation.

Prior to this, Sanyang Company had caused a storm of public opinion due to the "Moutai incident". This was not only an infringement of the brand, but also a direct infringement of consumer rights. Anchors often do not carefully identify the authenticity of products due to lack of professional knowledge or in order to obtain greater economic benefits, resulting in a large number of counterfeit and shoddy products flowing into the market. Behind this phenomenon is the lack of legal and platform supervision and the loopholes in the anchor's credit system.

At the regulatory level, existing regulatory measures are also stretched in the face of the rapid development of live streaming.

First of all, the lag in legal application prevents many emerging issues from being resolved in a timely manner. Although relevant laws and regulations are constantly updated, the supervision of the emerging business format of live streaming is still insufficient. The

anchor is neither a product manufacturer nor a brand owner. It seems that he does not need to be responsible for product quality and is in a vacuum of legal responsibility. When product quality problems arise, the anchors blame the brand side and "escape" with the commission. Just "being deceived by the brand side" can clear themselves up, and even put themselves in the victim's eyes. Use your status to win sympathy and traffic, and start the next wave of live streaming.

Secondly, the difficulty of supervision is also one of the problems that cannot be ignored in the live streaming industry. Due to the real-time and interactive nature of live streaming, regulatory authorities often face difficulties in obtaining evidence when pursuing accountability afterwards.

Furthermore, unclear definition of responsibilities greatly reduces the effectiveness of supervision. The responsibilities between anchors, platforms and merchants are blurred, making the pursuit of legal liability complicated. The major live broadcast platforms have obviously insufficient credit supervision of anchors, and have set the threshold for live broadcasting at a low level of credit, which has led to major anchors constantly touching the red line of the law driven by economic interests, but not receiving timely supervision and treatment. , and then intensify false propaganda and harm the interests of consumers.

The Three Sheep Incident is like a mirror, revealing the huge loopholes in the anchor credit system in the live streaming industry. It is like a gorgeous castle, but it hides a shaky foundation.Driven by traffic and profits,

anchors often ignore the bottom line of integrity, and engage in false propaganda and selling fake and shoddy products in an endless stream, as if in a game without rules, anyone can "defeat monsters and upgrade" at will.

However, integrity is the real ticket to this game. The lack of anchor credit system allows consumers to enjoy the convenience while facing the risk of information asymmetry, as if they are groping forward in a fog. In fact, what consumers need is not just supervision, but a new way of thinking - taking credit as the core competitiveness and giving anchors more responsibility and mission.

Live streaming in the future should no longer be about "visible prosperity", but "visible integrity". Only by establishing a sound credit system can consumers have confidence when shopping, and can this industry truly move towards a virtuous cycle. As an Internet buzzword says: "Really fragrant" is not only recognition of the product, but also trust in the integrity of the anchor.

In order to solve the endless problems in live streaming, it is crucial to improve supervision. To truly change this situation, establishing a strong anchor credit system is undoubtedly the key. This can not only awaken the anchor's sense of responsibility, but also provide consumers with a reliable shopping guide. Data from

's "China Online Audiovisual Development Research Report (2024)" shows that as of December 2023, the total number of short video accounts on the entire network has reached 1.55 billion, and the number of professional anchors has reached 15.08 million. Statistics from a short video platform also show that last year, the platform added 5.28 million new goods delivery experts, a year-on-year increase of 74%.

Such a large anchor group is bound to be a mixed bag, and it also reminds us of the urgent need to establish a nationally unified anchor credit standard and database. my country's "Social Credit System Construction Plan Outline" clearly requires that we focus on establishing incentives for trustworthiness and punishment for breach of trust to promote industry credit construction. Therefore, the live broadcast industry should establish standardized anchor credit standards.

In addition, everything that every anchor does during the live broadcast - whether it is false propaganda, selling fake and shoddy products, or consumer complaints, should be recorded. This means that consumers can obtain the anchor's credit history with just one check before making a purchase, helping them make informed decisions. This kind of transparency not only enhances the sense of trust, but also makes the anchors feel the weight of responsibility in every live broadcast, reminding them to maintain integrity at all times.

Moreover, the introduction of the credit rating mechanism will contribute to the optimization of this system. The anchor’s credit record will directly affect their live broadcast qualifications and exposure opportunities. Anchors with good credit are respected by the platform like celebrities and receive more promotion resources, while those with poor credit may face the risk of being restricted from promotion or even banned. This mechanism will undoubtedly encourage anchors to more consciously abide by laws and regulations and improve their integrity. The establishment of the

blacklist system can also set a warning line for the entire industry. Anchors who repeatedly violate laws and regulations will be blacklisted, limiting their qualifications to engage in live streaming. This not only protects the rights and interests of consumers, but also tells all anchors: Integrity is the way to survive. When consumers are shopping, they can simply check the blacklist to avoid anchors with bad reputations and reduce shopping risks.

In addition, the introduction of a third-party supervision mechanism can also be considered. Third-party organizations such as industry associations and consumer rights protection organizations will supervise and evaluate the behavior of anchors, and regularly publish credit reports to make information transparent. This not only enhances consumers' sense of trust, but also provides professional legal advice and training to anchors, helping them better understand laws and regulations and reduce the risk of violating the law.

Finally, strengthening the legal protection of the credit system is also indispensable. We need to establish complete laws and regulations, clarify the responsibilities and obligations of anchors, and formulate corresponding punitive measures to enhance the deterrence of the credit system. At the same time, consumer complaint and rights protection mechanisms should also be put in place in a timely manner so that consumers can quickly seek legal relief when they suffer losses.

For example, it may be recommended to add a special chapter on live streaming e-commerce to the "E-Commerce Law" to clarify the legal responsibilities and obligations of live streaming to ensure the timeliness and effectiveness of the application of the law. At the same time, measures such as strengthening platform responsibilities, strengthening technical supervision, increasing penalties, and improving consumer protection mechanisms should also be promoted simultaneously.

As an emerging business model, live streaming should not be just a short-lived bubble, but should make a real and positive contribution to the market economy. Faced with the warning of the Three Sheep incident, the regulatory authorities and live broadcast platforms in the live broadcast industry should seriously reflect on the existing regulatory system, take practical and effective measures to combat false propaganda, strengthen the anchor credit system, and create a safe and transparent platform for consumers. shopping environment. Only in this way can we promote the healthy development of the live streaming industry and achieve a win-win situation between economic development and consumer trust.

(The author of this article, Gao Yandong, is the deputy dean of the Digital Rule of Law Research Institute of Zhejiang University, and Liu Yicen is the scientific research assistant of the Digital Rule of Law Research Institute of Zhejiang University)

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