On The Legal Regulation Of The False Propaganda Behavior Of Online Live Broadcast In My Country

The emergence and development of the e-commerce industry has robbed a large part of the market of traditional industries,forcing traditional industries to transform and reform one after another.However,with the deepening of the e-commerce economy,e-commerce transaction problems have frequently exploded,especially in the pre-sale display stage of e-commerce products,and false propaganda behaviors of online live broadcasts have repeatedly appeared.This not only harms the legitimate rights and interests of consumers and competing operators,but also affects the fairness of market order.Therefore,it is necessary to strengthen supervision of such unfair competition and improve legal regulations.The false propaganda line with goods in live webcast refers to the fact that,during the live webcast,operators who provide goods,services,advertisements,and third-party platforms use online carriers to misrepresent the information of goods,services,quality,and reputation to others to induce consumers Changes in their decisions,resulting in damage to the legitimate rights and interests of consumers,and undermining the fairness of market competition.The false propaganda behavior of carrying goods in live webcast is an act of unfair competition.Its main characteristics are diversified propaganda methods,compulsive propaganda methods,poor recognizability of false propaganda,and wide audience range.At present,my country has a certain legal foundation and practical experience in the legal regulation of false behaviors in online sales,but there are still many shortcomings.1.In terms of legislation,there is no systematic regulation of laws against false propaganda of online live broadcasts.There are many kinds of products that live online.Some similar products cannot even use technology to distinguish differences,so that very sane consumers often fall into products.Consumption dilemma.Webcast products are different from physical store products.Consumers cannot touch them,and can only be judged by the evaluation criteria of webcast products.In view of the status quo of my country's establishment of legal regulations for the false propaganda of online live broadcasts,relevant laws and regulations have not been able to strongly suppress the false propaganda of online live broadcasts,and the legislative system also has a relatively obvious lag,resulting in improper online live broadcasts.Competition continues to increase,and the rights and interests of legitimate competitors are harmed.2.In terms of law enforcement,the "E-Commerce Law" has effectively innovated the regulation of false propaganda,which is worthy of reference from other systems in my country.However,the law requires operators to do certification and regulate micro-business transactions,etc.,which are still at the level of legal theory,which is difficult to truly implement.Moreover,the identification of false behaviors and the calculation method of false transaction damages have not provided corresponding standards;e-commerce operations are unique,and the legal consequences are obviously different from traditional economic behaviors,but they can still only refer to traditional laws for problem handling.3.In terms of justice,the "Anti-Unfair Competition Law" stipulates that product promotion must cause a certain number of consumers to misunderstand before it can be established,but the number or degree of the "certain number" is uncertain,and the reasonable certification requirements have not been stated,making it difficult to falsely promote.Be judged.Based on our country's national conditions,we summarize our country's practical experience,and draw on the useful experience and positive results of foreign countries' legal regulation of false propaganda during the live streaming of goods,and put forward targeted countermeasures and suggestions to improve the legal regulation of false propaganda during the live streaming of goods in my country.Mainly include:One is the legislative aspect.Further improve the regulations of the Anti-Unfair Competition Law on order-swiping behaviors,and add confiscation of property,warnings,and ordering rectification in guiding cases,judicial interpretations,etc.to punish order-swiping behaviors;improve the Advertising Law for the Internet The advertisers in the live delivery of goods should be identified to enhance their sense of responsibility and ensure their integrity management;clarify the responsibilities of the advertising platform operators based on the principle of fault liability.The second is law enforcement.First,establish an integrated law enforcement system,determine the specific administrative law enforcement agencies that supervise,investigate and punish the false propaganda behaviors of carrying goods through live webcasts,and create a law enforcement personnel system covering all matters of filing,investigation and handling.Timely accept cases involving live webcasting of goods;secondly,improve law enforcement techniques.In view of the basic characteristics of webcast delivery cases,administrative law enforcement officers are regularly organized to participate in webcast delivery law enforcement training,learn the latest technology,and use technology to fully track the main body of the webcast delivery case,and effectively improve the efficiency of the case.The third is the judicial aspect.First,the specific terms are used in conjunction with the general terms.When conducting legal regulations on false propaganda behaviors in webcasting,it is necessary to focus on following the principles of systematization and systematization,and adopting unified legal system for webcasting,in order to improve the overall management efficiency of the industry.Second,the objectification of the application of general terms.From the perspective of online live broadcast competition,there are various forms of online live broadcasts,relatively novel models,and key business features such as contracted anchors occupying a key position.This determines that judicial and law enforcement agencies cannot use general terms to uniformly judge the impropriety of their false propaganda.Therefore,the general terms should be actualized according to actual conditions,and the operability of the terms should be improved.