procuratorate daily: internet celebrities cannot treat consumers as “leeks”
2024-09-19
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"this mooncake is a high-end brand from hong kong. it contains black truffles and is made by a michelin master." on the eve of the mid-autumn festival, the "hong kong meicheng mooncakes" promoted and sold by the well-known internet celebrity "crazy little yang" in the live broadcast room caused a lot of controversy. although the sales volume exceeded 50 million yuan, it was revealed that this product has no stores in hong kong and the origin information is guangzhou and foshan, guangdong. on september 17, the market supervision and administration bureau of hefei high-tech zone, anhui province issued a situation report stating that it had filed a case against three sheep network technology co., ltd. for suspected "misleading consumers" and other behaviors in live broadcasting (according to upstream news on september 17).
hong kong mooncakes are not available in hong kong? this is puzzling. many people may be willing to pay a high price for this mooncake because of the word "hong kong". if they know that meicheng mooncakes, which has hong kong brand identity, are actually produced in the mainland and sold at a high price to uninformed consumers in the mainland, it is really hard to accept. the root cause of the public outrage caused by meicheng mooncakes this time is not only the dissatisfaction of consumers with the mooncake manufacturer, but also the false marketing of "crazy xiao yangge" in live broadcasting, treating consumers as "leeks".
the code of conduct for online live marketing activities stipulates that those who publish commercial advertisements in online live marketing should strictly abide by the various provisions of the advertising law. article 4 of my country's advertising law stipulates that advertisements shall not contain false or misleading content, and shall not deceive or mislead consumers. article 20 of the consumer protection law also clearly states that operators shall provide consumers with information on the quality, performance, use, validity period, etc. of goods or services, which shall be true and comprehensive, and shall not make false or misleading propaganda. according to reports, "crazy little brother yang" posted a "market position confirmation certificate" during the live broadcast, implying that meicheng mooncakes are related to hong kong, and claimed that a flavor of mooncakes in the mooncakes ranked first in sales nationwide, but failed to provide data confirmed by an authoritative agency. if it is indeed a fictitious fact, it constitutes false propaganda.
in addition, in order to strip the "operator" of the legal liability that may be involved in the act of bringing goods, some online celebrity live broadcast rooms also played word games, marking the product page with words such as "not a seller" and "the seller of this product is the store operator to which the shopping link belongs, not this live broadcast room". according to the "internet advertising management measures", if a product seller or service provider promotes goods or services through internet live broadcasts and constitutes commercial advertising, they shall bear the responsibilities and obligations of the advertiser in accordance with the law. in other words, even if "crazy little brother yang" is just an anchor who promotes bringing goods, he still has to bear the above legal responsibilities.
in fact, this is not the first time that "crazy little brother yang" has overturned. from the previous "three-no hair dryer" and "wall-breaking machine with false power label" to the recent "fake moutai" and "fake mooncakes", "crazy little brother yang" seems to have become synonymous with "fakes". as public opinion continues to ferment, the regulatory authorities of the two places have intervened. i believe that there will be an explanation for the meicheng mooncake incident soon. however, "crazy little brother yang" has been repeatedly exposed for problems in live broadcasts and for deceiving consumers. why is he still active in the public eye? is the repeated mistakes and sales related to the lack of regulatory penalties? in any case, if such incidents are only handled by "three glasses of wine as a penalty", the problem may persist or even worsen.
in addition to increasing supervision and punishment, in order to put an end to the online anchors selling fake goods during live broadcasts, it is also necessary to strengthen the governance of the online live broadcast marketing environment. for example, the live broadcast platform must fulfill its main responsibility, strictly review and control, act as a good "gatekeeper", strengthen the review and management of merchants, and promptly block and remove accounts with suspicious behavior. the more top anchors, the more they need to be supervised. in addition, if online celebrities want to be "long-lasting", they must not only focus on sales and traffic, but also put the interests of consumers first in order to go long-term.
