donghu comment: behind the magnificent broadcast is the power of the rule of law
2024-09-21
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in today's digital age, the live broadcast economy, with its intuitive, interactive and real-time characteristics, has broken the time and space barriers of traditional consumption patterns and opened up a new shopping journey for consumers. the "2023 china live broadcast e-commerce market data report" shows that the scale of live broadcast e-commerce users will reach 540 million in 2023, a year-on-year increase of 14.16%; the scale of live broadcast e-commerce enterprises will reach 24,000, a year-on-year increase of 28.34%; the transaction scale of live broadcast e-commerce will reach 4.9 trillion yuan, a year-on-year increase of 40.48%, fully demonstrating the huge potential and broad prospects of this emerging industry.
however, as the live broadcast economy flourishes, "chaos" frequently emerges. in the "annual report on the protection of consumer rights in china (2023)" released by the china consumers association, live broadcast sales have become one of the six prominent issues reported by consumers. the number of complaints and reports has increased year by year in the past five years, with an increase of 47.1 times. problems such as counterfeiting, online fraud, false promotions, difficulty in finding after-sales service, and unfair terms continue to emerge, seriously infringing on consumer rights, disrupting the market environment, and hindering the healthy development of the industry.
there are three main reasons for the frequent occurrence of "chaos" in live streaming. first, the growth of online shopping demands has prompted anchors to "pursue profits like crazy", ignoring legal responsibilities such as advertising, product quality, and intellectual property rights, and then exaggerating publicity and selling counterfeit goods. second, industry supervision lags behind and cannot keep up with the development of the live streaming economy. problems such as platform data falsification and anchors' illegal live streaming are difficult to deal with in a timely and effective manner, and bad merchants and anchors take the opportunity to do evil. third, relevant laws, regulations and standards are not sound, and there are gray areas in the regulations of live streaming e-commerce, new types of online marketing, etc., resulting in unclear regulatory basis and weak law enforcement operability. these factors work together to lead to chaos in live streaming.
the live broadcast room is not a place outside the law, and the prosperity and development of the live broadcast economy cannot be separated from the protection of the rule of law. in order to regulate the live broadcasting behavior of anchors and protect the rights and interests of consumers, relevant departments have issued a series of legal provisions and policy measures. the advertising law, the e-commerce law, the product quality law, the consumer rights protection law, etc. are applicable to online live broadcasting and clarify the rights, obligations and responsibilities of all parties. normative documents such as the "code of conduct for online live broadcast marketing" define the behavioral boundaries for anchors, merchants, platforms, etc.; the "internet advertising management measures" include commercial advertisements for live broadcasts to promote goods or services in management; the "e-commerce law of the people's republic of china" has made detailed provisions on transaction rules and consumer rights protection in e-commerce activities. these measures set road signs and draw red lines for the healthy development of the live broadcast economy.
as new models and new formats of the online consumer market continue to emerge, it is imperative to improve the rules and systems. it is necessary to systematically summarize and organize the existing laws and regulations, clarify the division of responsibilities among the various entities involved in live streaming, and specify in detail the ways to protect consumer rights, so that the basis for supervision is clearer and the law enforcement is more operational. it is necessary to continuously increase supervision efforts, establish and improve a multi-department joint law enforcement mechanism, severely punish illegal and irregular behaviors, and increase the cost of violations. for example, the "regulations on the implementation of the consumer rights protection law" implemented on july 1 this year has made new regulations for live streaming, requiring operators of live streaming marketing platforms to establish and improve a consumer rights protection system and clarify a consumer dispute resolution mechanism. in response to the characteristics and prominent issues of live streaming, a series of new regulations have been made, including prohibiting "brushing orders and speculation on credit", prohibiting forced bundling, prohibiting big data killing old customers, regulating automatic renewal, and ensuring no-reason returns.
at the same time, the healthy development of the live broadcast economy requires the creation of an environment where anchors are self-disciplined, platforms conduct strict inspections, the government conducts strict management, and the law imposes severe penalties. anchors should enhance their legal awareness and professional ethics, consciously abide by laws and regulations, promote products with integrity, and provide consumers with true and accurate product information and high-quality services; platforms should earnestly fulfill their regulatory responsibilities, establish strict review and complaint handling mechanisms, and promptly handle illegal anchors and businesses; government departments should strengthen daily supervision, increase law enforcement efforts, and severely crack down on all types of illegal and irregular behaviors; the law should play a deterrent role and punish serious illegal and criminal acts.
ancient instruments should be in accordance with standards, and legal objects should be in accordance with rules. in today's era, the live broadcast economy is booming, but its prosperity cannot be separated from the solid protection of the rule of law. only by urging and guiding the various entities involved in live broadcasting to comply with regulations and work together to govern can we create a good online live broadcast environment step by step. in this way, the "chaos" of live broadcasting will surely end, laying a solid foundation for the sustained and healthy development of the live broadcast economy.
source: jingchu.com (hubei daily)
author: xiang changrong (“qingjiangjian” online review team, changyang tujia autonomous county people’s procuratorate)
editor: zhan qiang
