| False propaganda in live webcast with goods refers to the goods,services,advertising,third-party platform to provide operators use the form of live webcast to spread information that makes people misunderstand the quality,reputation and other qualities of the goods,and then induce consumers to consumer decisions towards,so that their legitimate rights and interests are not properly protected,peer legitimate operators are forced to exit the market,undermining the fairness of market competition process.Live with false propaganda has a large range of harm audience,poor identifiability,supervision and other characteristics of great difficulty.Live with false propaganda and traditional false propaganda both are false propaganda,both are a series of false propaganda activities to achieve a certain purpose or to obtain certain benefits,both are illegal.In traditional false propaganda,the publisher has only two identities,either the hired party or the direct practitioner of false propaganda,while in live product take-away,the anchor is an important part of commercial advertising in live webcast take-away activities,which belongs to the scope of the Advertising Law,and depending on the specific circumstances,the anchor may be an identifiable advertising spokesperson,advertising publisher or advertising operator as stipulated in the Advertising Law.The reasons for the possible false advertising in the process of live broadcasting are divided into the following aspects: the low rank of existing laws,which limits the role of regulation;the difficulty of enforcement due to the diversity of regulators;the unclear definition of the identity and behavior of anchors;the lack of responsibility of platform and MCN authorities in supervising the gateway;and the difficulty of protecting consumer rights.However,the current regulatory mechanism and laws and regulations in live-streaming with false propaganda do not form a system and system,only some scattered contents can be seen in some of the departmental rules and regulations,but these contents are also too broad and not targeted,and the regulatory effect is not satisfactory.For the legal regulation of false propaganda of anchors in live-streaming with goods,there are problems such as the difficulty of positioning the legal identity of anchors with goods,the difficulty of defining the livestreaming behavior of anchors with goods,the imperfect supervisory system of supervising authorities,and the difficulty of defining the legal responsibility of anchors with goods.Based on the above problems,appropriate solutions are proposed.From the legislative point of view,each sectoral law defines precisely what a "host with goods" is,and under which circumstances the spokesperson,publisher,manufacturer,seller and operator of advertisements must be defined respectively.Secondly,for the above-mentioned acts of anchors that are difficult to regulate,they can be included in the definitions of false advertising and unfair competition in each sectoral law,so that they can be regulated by law;again,in view of the current professionalization of the anchor industry,it is recommended to establish a regulatory framework for the anchor industry and propose corresponding industry access. |
