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jimu news reporter sun tingting

correspondent chen muzi

intern zeng yike

in the field of beauty, a host and a brokerage company reached a medical beauty promotion cooperation agreement. in order to promote and divert traffic, the brokerage company recharged the host's live broadcast room, purchased online water army to increase the number of fans for her account, induced the host to draw scars on her face for live broadcast promotion, and diverted consumers to third-party hospitals for medical beauty. during the cooperation period, the two parties had a dispute over the sharing of the income obtained from the diversion. the host stopped the live broadcast and hid the promotional video works. the brokerage company believed that the blogger had breached the contract and threatened the host to ask him to live broadcast, claiming 1 million yuan from him and demanding that the ownership of his account be handed over to the brokerage company. the host argued that the company did not share the agreed share first, and repeatedly asked her to adopt methods such as "sticking a fake chin", "sticking a needle tube to the nose", and "drawing scars" to live broadcast in order to obtain traffic and deceive consumers. she has the right to refuse to perform and request to terminate the agreement.

after trial, the court held that the agency purchased online water army, created false fans, and required the anchor to use scars to attract fans during the performance of the contract, which was a false promotion behavior, inducing consumers to consume, destroying the network ecology, and damaging the legitimate rights and interests of consumers. the promotion behavior was inconsistent with the agreement between the two parties and constituted a breach of contract. the blogger did not breach the contract during the performance of the contract. in the end, the court dismissed all the claims of the agency.

the agency sued the medical beauty blogger for 1 million yuan and asked the blogger to draw scars to attract consumers

huahua (pseudonym) is a blogger in the beauty field. in 2022, huahua and an agency reached a "medical beauty expert cooperation agreement". the contract clearly stipulated the cooperation form, content, rights and obligations of both parties, and profit-sharing methods.

according to the contract, during the cooperation period, huahua will hand over the self-media accounts opened on some internet platforms to the agency, and the ownership will also belong to the agency. the agency will fully represent huahua to negotiate with third-party institutions on the content of the agreement, price, etc. related to huahua's self-media account medical beauty performing arts. the agency will actively create a medical beauty ip image for huahua. huahua needs to cooperate with the medical beauty promotion activities, filming, behind-the-scenes production, etc. arranged by the agency. in addition, huahua also needs to cooperate with the professional image design suggestions provided by the agency, including hairstyle, clothing, makeup, etc. the income obtained by both parties from attracting consumers to third-party hospitals for consumption will be divided according to a 30:70 ratio, with the agency receiving 70% and huahua receiving 30%.

after the agreement was signed, the two parties used huahua's account on a certain video platform as a self-media account for live broadcasts to attract consumers and direct them to a hospital that a brokerage company cooperated with for medical cosmetic surgery. in order to increase huahua's number of fans, the brokerage company invested money to charge douyin coins and purchased online water armies to increase the popularity of the live broadcast room. during huahua's live broadcast, the brokerage company repeatedly asked huahua to "paint her face a little more exaggerated, draw some scars, and attract consumers", saying that the weirder it was, the more likely it would retain people, and that this behavior was a reasonable image design.

from september 2022 to january 2023, through huahua's live broadcast room, many customers were directed to a medical beauty hospital for consumption, bringing profits to a brokerage company.

a brokerage company settled accounts with huahua and paid her part of the cooperation income. confirmed by both parties, the cooperation income in december should have been more than 6,000 yuan. however, a brokerage company deducted 2,000 yuan on the grounds that huahua was passive during the live broadcast and did not broadcast live every day. huahua stopped live broadcasting and asked to terminate the cooperation between the two parties. in january 2023, the brokerage company was unwilling to terminate the contract. its shareholder chen asked huahua to pay a huge penalty through wechat. if she did not pay, she would be banned from all platforms and other threatening messages. the two parties failed to reach an agreement. in june 2023, the brokerage company filed a lawsuit against huahua in the people's court of wuhan east lake high-tech zone, claiming that during the cooperation period, huahua had stopped broadcasting without authorization, and its breach of contract caused the brokerage company to suffer heavy losses and loss of expected profits. it required huahua to pay a penalty of 1 million yuan and the anchor account under huahua's name also belonged to the brokerage company.

huahua argued that the agency did not share the profits as agreed and deducted 2,000 yuan from her due interests, which constituted a fundamental breach of contract. the contract signed by both parties should be terminated, and she demanded that the agency pay her 2,000 yuan. moreover, the company repeatedly asked her to use methods such as "sticking a fake chin", "sticking a needle tube to the nose", and "drawing scars" to live broadcast in order to gain traffic and popularity, and deceive consumers. this behavior is suspected of being illegal and criminal. she has the right to refuse to perform and request to terminate the agreement.

the court held that the brokerage company violated the law by purchasing online water army and rejected its lawsuit

after trial, the court held that, in the process of performance of the contract, a certain brokerage company increased huahua’s fans by recharging and purchasing online water armies, created a false number of fans, and required huahua to use the form of a scarred face to attract popularity for false propaganda, inducing consumers to consume, which harmed the legitimate rights and interests of consumers, polluted the network ecology, and disrupted the market order. this promotion behavior was inconsistent with the commercial promotion and reasonable image design obligations that a certain brokerage company should perform in the cooperation agreement, and violated the obligations that should be performed in the contract. after huahua stopped the live broadcast, a certain brokerage company required it to continue to perform, and huahua had the right to refuse the illegal requirements of a certain brokerage company.

secondly, the cooperation agreement between the two parties stipulated the profit-sharing method, but did not make clear provisions on the length of time huahua should perform as a host, the time of video updates, etc. the agreement also did not stipulate the circumstances under which a brokerage company could deduct the host's income. the brokerage company violated its obligation to pay huahua income and arbitrarily deducted income, which exceeded the content of the contract. therefore, the brokerage company breached the contract first, and huahua had the right to terminate the contract between the two parties. recently, the court ruled to dismiss all the lawsuit requests of a brokerage company.

the presiding judge reminded that medical cosmetology has both the characteristics of medical services and consumer attributes. when consumers purchase medical cosmetology services through online trading platforms, if their legitimate rights and interests are damaged, they can ask for compensation from the seller or service provider. if the online trading platform provider cannot provide the real name, address and effective contact information of the seller or service provider, the consumer can also ask for compensation from the online trading platform provider; if the online trading platform provider makes a promise that is more favorable to consumers, it should fulfill the promise. if the anchor who brings goods commits fraud when promoting goods or services, the deceived consumer can also claim punitive damages.