The Paper's reporter Wang Xin and intern Cheng Fangxun
In view of the various chaos in the field of live streaming with goods, at this year's two sessions, Peng Jing, a member of the National Committee of the Chinese People's Political Consultative Conference and a founding partner of Chongqing Jingsheng Law Firm, brought suggestions: guide the benign development of live streaming with goods by improving the legal system and strengthening administrative supervision.
Peng Jing told the surging news (www.thepaper.cn) that at present, the "Consumer Rights and Interests Protection Law", "Anti-Unfair Competition Law", "Advertising Law", "Product Quality Law" and other laws and regulations have decentralized provisions on advertising endorsement, publicity, product quality, after-sales service, etc., but they do not directly regulate the behavior of live streaming with goods; the "Code of Conduct for Online Live BroadcastIng Marketing" issued by the China Advertising Association belongs to industry regulations, and the legal level is not high, which increases the difficulty of regulating live streaming with goods in practice.
Peng Jing. Courtesy of respondents
Peng Jing introduced that live streaming often involves anchors, network service platforms, manufacturers and third-party recommendation entities. Among them, there is no clear entry threshold and responsibility positioning for live streaming practitioners, and they may also assume multiple identities such as operators and advertising spokespersons. After the occurrence of live streaming disputes, it is difficult for consumers and regulatory authorities to determine the specific responsible subjects, which increases the difficulty of rights protection and supervision.
She believes that live streaming with goods lacks effective supervision. The phenomenon of "explosive models" becoming "inferior products", "purchasing famous products" becoming "cottage high imitation" and "three no products" and other live streaming quality problems appear frequently, and there are even problems such as unmanned after-sales or ineffective after-sales. However, due to the immediacy of live streaming and the characteristics of insufficient commodity information, "brushing orders", "buying powder", "brushing comments", etc. have become the unspoken rules of the industry, and it is difficult for consumers to contact anchors or merchants for return and exchange after finding problems, and it is difficult for platforms and functional departments to find in time, comprehensively collect evidence and effectively supervise.
In view of the above problems, Peng Jing suggested improving the legal system: according to the development trend of the online live broadcasting industry, its own characteristics and the current legislative situation, it is imminent to introduce a specialized law on the online live broadcasting industry with comprehensive content and taking into account the demands of all parties. Comprehensive research should be carried out, drawing on the opinions of all parties, grasping the implementation of the current law, prominent problems and reasons, effectively integrating relevant laws, and clarifying the legal status of each online live broadcast subject and the legal relationship between each other. At the same time, it is also necessary to promote the adoption of the "Measures for the Supervision and Administration of Online Transactions" as soon as possible, and clarify the implementation of the business identification system for live streaming with goods and the system of providing review functions.
At the regulatory level, Peng Jing suggested that all government departments clarify their functions, set reasonable rules, refine the scope of supervision, and balance the relationship between various participating entities. For example, personnel are mobilized from various administrative departments to form a special network live broadcast supervision and management committee to exercise their powers in a unified manner; classify and grade live broadcast programs with goods, raise the entry threshold for anchors with goods, and set qualification conditions for anchors who promote and sell special products, such as health certificates and food hygiene permits for food live broadcasters; strengthen cooperation with enterprises to develop and improve network public opinion monitoring software and live broadcast filtering systems; set up open live broadcast channels for government affairs on live broadcast platforms, strengthen communication with users, and solve the problem of public feedback in a timely manner The use of live streaming program source traceability technology and content preservation technology, the implementation of accountability system, etc.
Peng Jing believes that online platform platforms should strengthen regulatory measures for live streamers, do a good job in real-name authentication and credit evaluation of live streamers, formulate and improve the access, certification system, qualification review and induction training of live streamers, and conduct spot checks and consumer shopping satisfaction surveys from time to time.
In addition, Peng Jing also suggested that the channel for rights protection should be cleared. Accelerate the establishment of a "supervision and rights protection through train system" to accelerate the efficiency of the platform's handling of complaints. In this regard, China can learn from the "e-commerce express train platform" established by the China Consumer Association on March 15, 2016 to set up a "supervision and rights protection through train system", and synchronously link the rights protection channels of the market supervision department, consumer protection organization and live broadcast platform in the live broadcast room and the live streaming activity, and the supervision personnel will monitor the live broadcast activities in real time, and efficiently accept and handle consumer complaints, and interview, guide or warn the live broadcast operators. For large-scale or large-scale live streaming activities, regulatory rights defenders can also participate in live broadcast supervision and rights protection.
The Paper previously reported that at this year's two sessions, Liu Shoumin, a deputy to the National People's Congress and vice president of the All-China Lawyers Association, also submitted a "Proposal on Strengthening Supervision and Punishment of the Illegal Acts of "Celebrity Endorsements" and "Experts Carrying Goods"," suggesting that the chaos in the live broadcasting industry be put an end to the chaos in the live broadcasting industry, especially the illegal acts of celebrity endorsements and experts carrying goods in disguise.
Editor-in-charge: Yubing Tang
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