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another "origin controversy" in the live broadcast room: marketing and product promotion should not mislead consumers

2024-09-20

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□gao jiahan (sichuan university)
the three sheep hong kong meicheng mooncake controversy has not yet subsided. recently, some netizens claimed that the "traveling with hui" live broadcast room was selling "macau puji mooncakes", but they had never heard of this puji food, which claims to be a "macau time-honored brand", in macau. on september 19, a staff member of the mooncake manufacturer zhuhai puji food co., ltd. told reporters that puji is a macau brand that has registered a trademark in macau but has no stores. it currently only has stores in zhuhai. (southern metropolis daily, september 19)
hong kong mooncakes are not in hong kong, and macau mooncakes are not in macau. what is the bottom line of "live streaming with goods"? with the popularity of online live streaming, "live streaming with goods" has gradually become a trend, and more and more "live streaming with goods" anchors have become popular. "live streaming with goods" transfers traditional offline sales to online, and sells goods in the form of real-time interactive live streaming. the anchor conducts marketing promotion to consumers in front of the screen. while "live streaming with goods" is popular, the goods in the live streaming room have frequently been exposed to problems, such as counterfeit cigarettes and alcohol, and fake mooncakes. the false propaganda in the live streaming room always makes consumers defenseless.
the live broadcast room is by no means a lawless place, and the "carry goods" anchor must be responsible to consumers. article 8 of the "anti-unfair competition law" stipulates that operators shall not make false or misleading commercial propaganda about the performance, function, quality, sales status, user evaluation, honors, etc. of their products, deceive or mislead consumers. although "live broadcast with goods" is different from offline marketing in form, it must also comply with relevant legal provisions. the "macau puji mooncakes" promoted in the "traveling with hui" live broadcast room are promoted as "macau time-honored brands" and "macau must-eats", but the actual place of production is in zhuhai. such obviously misleading product marketing has constituted false propaganda. as a "carry goods" anchor, dong yuhui did not inform the audience of the true information of the goods, infringing the legitimate rights and interests of the audience as consumers, and must also bear the corresponding legal responsibilities, make public statements, take the initiative to admit the problem, and make reasonable compensation to consumers.
live streaming is full of chaos, and platforms must assume regulatory obligations. as the technical supplier of live streaming, major live streaming platforms have the responsibility to conduct timely and effective supervision and management of the marketing behaviors of live streaming anchors. the problem of the "hong kong meicheng mooncakes" rollover has not been solved, and the "three sheep" live broadcast room has been fully resumed. faced with public doubts, the team involved has been slow to respond. how can we treat the problems of false propaganda and illegal marketing so frivolously? for such illegal and irregular live streaming behaviors, live streaming platforms must strengthen their review and management, deal with problems seriously, promptly ban the live broadcast rooms involved, safeguard the rights and interests of consumers, and effectively rectify the bad atmosphere of live streaming.
false propaganda is not advisable, and only compliant marketing can ensure the longevity of the industry. live streaming is a product of the era of online communication, providing a new path for merchants to market. however, problems such as false propaganda and malicious misleading in the live broadcast room are also eroding the credibility and vitality of the entire industry. from a long-term development perspective, there is still a long way to go to standardize live streaming. merchants and live streamers must sell goods in good faith and market legally to ensure the rights and interests of consumers. live streaming platforms must strengthen supervision and management systems to provide consumers with a safe and reliable live shopping space and promote the healthy development of the live streaming industry.
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