In the past, the "Hong Kong Meicheng moon cakes" brought by Crazy Brother Yang constituted false propaganda and was fined, and later Sister Dongbei Yu promoted tapioca flour as sweet potato flour, which was also determined to be false propaganda and was fined.
Why is there frequent false propaganda in live streaming? While encouraging the vigorous development of live streaming, how should all parties regulate and govern some of the chaos that exists? Let's take a look.
Further clarification
The anchor promotes the legal attributes of the act in the live broadcast room
On the evening of September 26, the Hefei Municipal Joint Investigation Team issued a briefing to investigate the relevant problems in the live broadcast of Hefei Three Sheep Network Technology Co., Ltd. (hereinafter referred to as "Three Sheep Company") recently reflected on the Internet, and in accordance with the "Administrative Punishment Law", "Anti-Unfair Competition Law" and other relevant regulations, it is proposed to decide to confiscate illegal gains and fine a total of 68.9491 million yuan to Three Sheep Company. Subsequently, Three Sheep Company issued an apology statement, saying that it fully accepted the punishment.
On October 12, the official news of the Market Supervision and Administration Bureau of Benxi Manchu Autonomous County said that it confiscated the illegal income and fines of Yujie Media totaling 1.65 million yuan, ordered it to suspend business for rectification within a time limit, and bear relevant legal responsibilities; At the same time, the relevant departments where the sweet potato flour production enterprise is located also ordered Liuhe Company to suspend production and business, confiscate illegal gains, and fine a total of 6.7176 million yuan.
In this regard, Chen Yinjiang, deputy secretary-general of the Consumer Rights Protection Law Research Association of the China Law Society, said that false propaganda is indeed a prominent problem in live streaming:
- On the one hand, publicity plays a very important role in live streaming, it is not like the shelf sales of offline physical stores can be selected independently, nor is it like traditional e-commerce shopping can be searched, but in this mode of live streaming, it completely depends on the anchor's publicity and recommendation to make a purchase choice.
- On the other hand, at present, with regard to the publicity in the live broadcast room, we mainly supervise it in accordance with the Anti-Unfair Competition Law, although this kind of publicity in the live broadcast room can also play an advertising effect, but it is not currently included in the scope of stricter advertising supervision.
Chen Yinjiang believes that in order to solve such a problem, in addition to strengthening supervision, it is necessary to further improve relevant laws and regulations, further clarify the legal attributes of the anchor's propaganda behavior in the live broadcast room, refine the definition and punishment standards of illegal acts, and truly incorporate the publicity in the live broadcast room into effective supervision.
Live streaming is chaotic
How is it regulated?
Ma Liang, researcher at the National Institute of Development and Strategy and professor at the School of Public Administration, Renmin University of Chinese: In fact, many of the chaos of live streaming is often disclosed by some professional anti-counterfeiters, but we actually don't see relevant government departments actively disclose some cases, and often passively accept such cases in response. So this can reflect that now in terms of live streaming, its supervision is still challenging and difficult, you have some characteristics like it, such as the new we talk about, and we talk fast, or chaos and lack.
- New: It is a new format, and the relevant laws and regulations are lagging behind, including us in terms of regulation.
- Fast: The live broadcast room is instant and interactive, and in many cases, relevant evidence cannot be retained, and many consumption impulses will also appear.
- Chaos: There are a lot of anchors involved, and there are many related industrial chains, and the division of related responsibilities is not clear enough, so it brings difficulties in supervision.
Ma Liang said that now it can be seen that the lack of supervision of relevant government departments is also very obvious, and it is necessary to strengthen government supervision in this regard, not to let some professional anti-counterfeiters help us to be a network judge, to find problems, to hold accountable problems, but more importantly, how to take the initiative of government departments to find some problems and prevent such problems in advance.
Ma Liang said: "Many network anchors may exonerate themselves from responsibility and leave the relationship, I just came to bring a product, related goods, logistics, related brands, all have nothing to do with me, and there is a complete mismatch between the benefits he obtains and the responsibilities he bears." Our relevant laws and regulations may also be deficient in the definition and accountability of this responsibility, but I don't think he should be given such an opportunity to exonerate. Because from the consumer's point of view, I know about the product, I buy the product, and then there is a problem. In fact, a very natural reaction of consumers is that I have to consider what responsibility this anchor bears, and it cannot be said that "the anchor has one mouth, and netizens have two lines of tears". I think the key is actually to have such an ability as an anchor, and then carry out live broadcasts. For example, the products you choose, your positioning, whether you can detect these products, and whether you can ensure that these products really meet the expectations of consumers. I think this aspect is actually the basic requirement of being an anchor, and it can't be said that it is because you lack these abilities, and then you go to exonerate yourself, I think such a quibble is actually very unreasonable, and it is also irresponsible to consumers. ”
For the live broadcast platform, experts said that it is not only possible to deal with the problem after it is exposed, but to effectively supervise and restrain the behavior of the head anchor from the root.
Ma Liang: There is no doubt that the platform has to bear the relevant responsibility, but how to delineate and attribute this responsibility needs more discussion, or more clarification. Because no matter which sales channel the product is, its core is the production end of the product, to ensure that the product quality meets the access standards, as for where to sell, in fact, each sales channel also has to bear the corresponding responsibility. But in the final analysis, it is whether the product itself is qualified, if the unqualified product can enter the market, I think the first thing to see is how the product came from the source, how it can escape supervision and enter the market, whether it is a live broadcast room or a shelf.
Source: CCTV News Comprehensive on CCTV Network