Exaggeration and falsification of data … … While the mode of "live broadcast with goods" is developing rapidly, there are also many problems. In order to protect the legitimate rights and interests of consumers and promote the healthy development of the new format of live broadcast marketing, the State Administration of Market Supervision issued the Guiding Opinions on Strengthening the Supervision of Webcast Marketing Activities on November 6 (hereinafter referred to as the Opinions).
"Webcast marketing activities, as a new format of Internet e-commerce, have both ‘ E-commerce+promotion+shopping guide and selling goods ’ And other characteristics, the model is new, there are many subjects, and the legal relationship is complicated. " The relevant person in charge of the Advertising Supervision and Management Department of the General Administration of Market Supervision said that the Opinions fully considered the attributes and characteristics of webcasting marketing activities, industry status and supervision system, and clarified the legal responsibilities of relevant subjects in webcasting marketing activities based on relevant laws and regulations, which is of great significance to guiding grassroots law enforcement and promoting industry norms.
The "Opinions" require innovative regulatory concepts, actively explore regulatory methods that adapt to the characteristics of new formats and are conducive to fair competition among various market players, and investigate and deal with illegal acts such as infringing consumers’ legitimate rights and interests, infringing intellectual property rights and disrupting market order in webcasting marketing activities according to law, promote the healthy development of webcasting marketing, and create a fair and orderly competitive environment and a safe and secure consumption environment.
Specifically, the Opinions mainly include three parts:
Compacting the legal responsibilities of relevant subjects. This paper mainly sorts out the responsibilities of the three main bodies (network platform, commodity operators and webcasts) in the marketing activities of webcasting, and makes clear the responsibilities in three aspects for the first time. First, the live broadcast platform jumps to the network live broadcast marketing mode of the traditional e-commerce platform, and it is clear that the live broadcast platform fulfills the responsibilities and obligations of the e-commerce platform operators; The second is to provide paid diversion services for online platforms, which constitute commercial advertisements, and should fulfill the responsibilities and obligations of advertising publishers or advertising operators; Third, it is clear that webcasts should fulfill the responsibilities and obligations of operators in accordance with the Anti-Unfair Competition Law, and those who constitute commercial advertisements should also fulfill the responsibilities and obligations of advertisement publishers, advertising operators or advertising spokespersons according to specific circumstances.
Strictly regulate the marketing behavior of webcasting. It mainly provides for the establishment and implementation of the inspection and acceptance system for goods, goods or services prohibited from being sold, commercial advertisements prohibited from being released, and standardized advertisement review and release.
Investigate and deal with illegal activities of live webcast marketing according to law. This paper mainly lists eight key illegal behaviors in the current online live marketing activities, such as e-commerce, infringement of consumers’ legitimate rights and interests, unfair competition, product quality violation, infringement of intellectual property rights, food safety violation, advertising violation and price violation, and it is clear that they should be investigated and dealt with according to the corresponding laws.
The data shows that in the first half of this year, there were more than 10 million live e-commerce nationwide, and the average daily audience exceeded 260 million. Insiders analyzed that the introduction of this regulatory opinion will effectively regulate the market and help promote the healthy development of this new format.