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lawyer says platform's punishment of failed anchors is not strong enough

2024-09-24

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on september 23, a piece of news about a fake blogger who was beaten up after visiting a fake internet celebrity named "northeast rain sister" attracted attention. the fake blogger "da wa" publicly criticized the "northeast rain sister" for selling sweet potato vermicelli in her live broadcast room, saying that there was no sweet potato in it, but only cassava. on september 24, a staff member of the market supervision and administration bureau of chaoyang county, chaoyang city, liaoning province, told reporters that they had intervened in the investigation.

apologies, compensation, or even bans for a period of time, followed by a comeback? some netizens questioned: "is the cost of making mistakes too low for internet celebrities, especially some top anchors?"

"at present, the platform's punishment of anchors is not strong enough." wu di, a lawyer at beijing deheng law firm, believes that live streaming platforms should establish a more stringent internal punishment mechanism. once the products sold by anchors have quality problems or false propaganda, the platform should take measures, such as removing the video of the product in question, restricting their rights to sell goods, reducing traffic support, or even suspending their live streaming qualifications. this kind of punishment can not only reduce the recurrence of violations, but also enhance the anchor's sense of responsibility. wu di said that for anchors who have a history of "turnover", the platform can set restrictions on traffic and promotion, and increase the review of their promoted products. at the same time, by introducing third-party quality assessment agencies, the products sold by head anchors can be screened in advance to avoid and reduce the entry of problematic products into the market.

su haopeng, a professor at the school of law of the university of international business and economics, believes that regulatory authorities should adopt a hierarchical regulatory model and focus on supervising top anchors. for the illegal behavior of top anchors, various penalties and restrictions should be taken, such as limiting traffic, banning broadcasts, and even "killing one to warn the rest."

huang yinxu, associate professor at the school of law of renmin university of china, suggested that relevant departments should speed up the formulation and improvement of laws and regulations for the live streaming industry, clarify the legal responsibilities and obligations of anchors, platforms, merchants and other parties, and provide clear law enforcement basis for regulatory authorities. it is necessary to tighten the legal responsibility "tightening curse" on anchors who bring goods throughout the entire chain. through the setting of legal responsibilities for the entire chain, supervision of the entire process of live streaming should be strengthened, including various links such as product selection, live streaming content, and after-sales service, so as to effectively curb the chaos of "turnover" of goods. "regarding the demarcation of legal red lines, on the one hand, it is necessary to clarify the joint and several tort liability of advertising endorsements. if the anchor conducts false propaganda or exaggerates the effects of products during the live streaming process, resulting in damage to consumer rights, he shall bear the joint and several tort liability of advertising endorsements in accordance with the law, and bear civil liabilities such as replacement, return, refund and compensation for losses." huang yinxu said that this requires anchors to ensure the authenticity and accuracy of information when recommending products, and not mislead consumers; ensure the quality and safety of products, and be responsible to consumers to the end.

he further mentioned that it is necessary to promote the establishment of an industry association or organization for live streaming e-commerce, strengthen industry self-discipline management, formulate industry standards and norms, guide anchors and platforms to consciously abide by laws, regulations and industry norms, curb the chaos of top anchors "crashing" in live streaming e-commerce, further protect the legitimate rights and interests of consumers, and promote the healthy and orderly development of the live streaming e-commerce industry.