CCTV News (Reporter/Li Dongxu Yang Yifei): On July 3, some netizens posted that the anchor sold "Tang Bohu's authentic works" in a live broadcast room on a certain platform. The video shows that the two female anchors claimed that "each one is real and has a 'Chinese copyright record'". After two rounds of price reductions, the price dropped from 50,000 yuan to 30,000 yuan and then to 10,000 yuan, and finally the calligraphy and painting were sold at a price of 7,800 yuan. CCTV "News +" reporter observed that the number of calligraphy and paintings sold was 2, and after the transaction link was taken off the shelves, the anchor showed the calligraphy and painting payment, and said that "the payment place shows the traces of history, and the red seal is the original chapter of Tang Bohu".
During the live broadcast, the anchor repeatedly mentioned that the calligraphy and painting were Tang Bohu's authentic "Songtao Picture", and when netizens questioned whether the goods were fakes, the anchor responded that "the audience has no appreciation level and no knowledge". The reporter of "News+" found in the live broadcast replay that the anchor said in the live broadcast room that the source channel of the calligraphy and painting was a large collection institution, and there was a copyright number for the record. The reporter then contacted the staff of the collection agency's office, and the staff denied the anchor's statement, "We don't have Tang Bohu's original work for sale here."
According to the staff, this kind of calligraphy and painting is only sold in the institution with woodblock watermarks or micro-jet prints, and the "authentic works of Tang Bohu" claimed by the anchor in the live broadcast room from the collection institution is untrue. "Woodblock watermarks are hand-printed, and on the basis of the original work, a painting may have to be engraved with many plates, and then printed one by one by hand. However, this technique requires the delineation of the original work, and the reproduction requires the authorization of the museum or the original collection unit before it can be implemented. ”
CCTV "News +" reporter learned from the organization's woodblock watermark department that the anchor sold Tang Bohu's "Songtao Map" is not supported by the authorization of the original, and can only be sold through microjet printing, which is a cultural and creative product in terms of form and category, and the anchor's claim of "Tang Bohu's authentic work" in the live broadcast room is exaggerated publicity. "It's false, don't believe it." A staff member of the agency's cultural and creative department told reporters that not only are the calligraphy and paintings fake, but also the anchor's mention of "having Chinese copyright filing" is also not true.
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CCTV "News +" reporter searched and found that on December 18, 2017, at the auction of Guardian Art Center, Tang Bohu's original work "Summer in the Stone Forest" started at 22 million yuan, fell under the hammer for 73 million yuan, and finally sold for 83.95 million yuan with commission. This is very different from the price of "Tang Bohu's Authentic Works" sold in the live broadcast room with a price of 7,800 yuan.
Wei Wei, a partner at Beijing Jiawei Law Firm, said that this kind of live broadcast selling "Tang Bohu's original works" is suspected of false publicity, "In this incident, the anchor claimed to sell Tang Bohu's original works and gave a very low price, which is seriously inconsistent with the true value of Tang Bohu's works on the market, and it is very likely to mislead consumers to think that they can buy the real product at a very low price, thus constituting false publicity." Lawyer Wei Wei mentioned that if the anchor knows that the goods he sells are fakes or do not have the value advertised in the live broadcast room, but deliberately sells them in the name of genuine or high-value goods, so as to obtain illegal benefits, and the amount is relatively large, it may constitute the crime of fraud. In addition, even if the anchor does not directly and intentionally defraud, if its false advertising behavior causes consumers to misunderstand and suffer economic losses, this may constitute fraud under civil law and need to bear corresponding civil liability.
Cheng Yi, a lawyer at Dentons, pointed out that the platform, as the manager, should also bear the corresponding responsibility for the occurrence of such suspected fraud. "According to the characteristics of the virtual platform, the platform party should increase the monitoring of such illegal and criminal behaviors or illegal border violations, and continuously improve the monitoring methods to reduce the occurrence of such behaviors." Cheng Yi told CCTV's "News +" reporter that these live broadcasts involving cultural and art transactions, even after being punished by the platform, often change their appearance to set up a new live broadcast room, in addition, the anchor will also evade the supervision of the platform through various means, such as not using obvious illegal language that can be captured by the platform, and indicating words such as "fictional plot" and "plot interpretation" in the live broadcast room to try to avoid liability. "In fact, it is difficult for the platform to detect and punish in the first place in such a hidden way."
In this regard, the CCTV "News +" reporter contacted the platform, and in response to the false propaganda of selling "Tang Bohu's authentic works" in the live broadcast room, the customer service staff said: "When it comes to the sale of fake goods, if the platform does find that the merchant violates the platform rules, it will deal with the merchant's account in accordance with the relevant regulations of the platform, including but not limited to deducting credit points and deposits, prohibiting the small yellow car from being put on the shelves, and the account is limited or permanently banned." The platform must not allow fraud, because national laws do not allow it, and the platform must also comply with national laws and regulations. ”
According to media reports, the high price of recycling induces orders, and there are jewelry and cultural games live broadcast rooms that earn hundreds of thousands of dollars overnight. There are elderly people who have been in the pit for as long as 7 years, placed orders more than 400 times, and spent hundreds of thousands of yuan or even borrowed money to buy fake antiques. On July 3, the entry "9999 yuan can buy the horse head of the Old Summer Palace, and the elderly can borrow and place orders" was on the top of the hot search.
"Some older people have less social activities, and it is difficult to recognize this kind of online sales tactics. Online seller bloggers will have a very strong set of expressions to attract the elderly, and the elderly group is easy to pour out their emotions into this emotional expression, so they are particularly easy to be deceived. Cheng Yi mentioned that according to the law, the amount involved is one of the important criteria for judging the severity of the crime of fraud. If the amount involved is between 3,000 and 10,000 yuan, it can be found to be a relatively large amount, and if it is more than 30,000 yuan, it can be found to be a huge amount, and it is suspected of constituting a criminal offense. "It takes a lot of effort to regulate the chaos of live streaming of cultural games and avoid the elderly from being deceived, not only legal people, but also psychology and sociology, who can jointly explore the prevention mechanism." Cheng Yi said.
On July 5, a reporter from CCTV's "News+" found that all the works on the homepage of the anchor's account had been deleted. Then the reporter contacted the platform, and the staff said that the anchor's violations were being verified, "The anchor's sales occurred in the previous live broadcast, and our relevant personnel need to investigate the specific time point and find the illegal content, we will punish the account as soon as possible, ban or restrict the use of some functions." The staff said that if the investigation results show that the anchor has false propaganda, the platform will also punish the anchor's store, and if the circumstances are serious, the relevant departments will be asked to intervene.