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^{🔹picture source: internet}

on the evening of september 26, the hefei municipal market supervision bureau issued a situation report saying that hefei city established a joint investigation team on september 19 to investigate the relevant problems in the live broadcast of hefei sanguang network technology co., ltd. that have been reported recently on the internet. investigation. according to relevant regulations, it is planned to confiscate illegal income and fine a total of 68.9491 million yuan from the three sheep. in response to the related problems in the live broadcast of sanyang, the company was ordered to suspend operations within a time limit for rectification and bear relevant legal responsibilities.

for what specific actions did three sheep receive administrative punishment? what other issues need attention?

why were the three sheep punished?

the content of the report shows that the investigation not only targets the "meicheng mooncakes" in the three sheep live broadcast room, but also the "australian grain-fed beef rolls".

three sheep company was entrusted by guangzhou meicheng food co., ltd. to promote "hong kong meicheng mooncakes" live, saying that "hong kong meicheng is a big brand that specializes in high-end mooncakes and has been doing it for nearly 20 years", emphasizing that "meicheng ", hong kong, high-end mooncakes" and other selling points constitute false and misleading commercial promotions.

li rui, professor and doctoral supervisor at the school of civil, commercial and economic law of china university of political science and lawin an interview with china news service, guoshi express stated that in this case, hong kong is neither the origin of the mooncake raw materials nor the mooncake processing place. the main business activities such as production and sales are all in the mainland. however, when consumers are faced with the advertisement that the mooncakes are "hong kong", they usually think that hong kong is the place of origin of the mooncakes, and will not consider hong kong as the company's registration place when purchasing goods.the operator's behavior of promoting meicheng mooncakes as "hong kong mooncakes" is not only a "false or misleading promotion", but also because "the origin of the goods advertised is inconsistent with the actual situation and has a substantial impact on purchasing behavior." constitutes false advertising.

the content of the notification also showed that sanyang company was commissioned by hubei xianduoyu network technology co., ltd. to promote "australian grain-fed beef rolls" live. the promotion information provided by xianduoyu company claimed that the product was raw cut meat.without obtaining the original meat inspection report, sanyang company still made recommendations based on the information provided by xianduoyu company. the meat actually shipped by sunduoyu company is prepared meat. the above behavior constitutes false commercial promotion.

it is understood that as a supplier, xianduoyu company was punished by the local market supervision department as early as july this year.

what crimes can be involved in "false propaganda"?

xiao yi, professor of criminal law at capital normal university, graduate tutor, and part-time lawyer at beijing guanheng law firmin an interview with china news service, guoshi express said that in accordance with relevant judicial interpretations and precedents, using advertisements to falsely promote products, and having been subject to administrative penalties more than two times within two years, but still using advertisements to falsely promote is a serious matter, and his behavior all constitute the crime of false advertising.

xiao yi said that according to the provisions of article 222 of the criminal law of the people's republic of china, if advertisers, advertising operators, and advertising publishers violate national regulations and use advertisements to falsely promote goods or services, in serious cases under such circumstances, it may constitute the crime of false advertising and shall be punished with fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined.

xiao yi pointed out that it is not just a little exaggeration or exaggeration in the publicity process that can be deemed to constitute the crime of false advertising. it also needs to reach the level of "serious circumstances." in publicity, details such as the proportion and role of false elements are very critical. the "ingredient" here includes many factors, such as the length, duration, and importance of the false content in the advertisement. when comprehensive consideration of the false content reaches a certain level, after meeting the standards, it may be found to constitute the crime of false advertising.

in addition, during the live broadcast and product sales process, similar situations may also constitute the crime of producing and selling counterfeit and inferior products or even the crime of fraud. however, the situation in the three sheep incident does not fall within this scope in principle.

what counts as "false advertising crime"?

qiu yue, a professional criminal defense lawyer from beijing yingke law firmit was stated to china news service that the crime of false advertising can be judged from four aspects: whether the subject is qualified, whether the subject has criminal intent, whether the subject is qualified, and whether the objective facts and consequences of the crime are serious.

according to the relevant provisions of the advertising law, advertisers are legal persons, other economic organizations or individuals who design, produce and publish advertisements by themselves or entrust others to promote goods or provide services. as the brand operator of meicheng mooncakes, guangzhou meicheng food co., ltd. entrusted three sheep company to carry out live broadcast promotion in order to promote its mooncake products. three sheep company met the definition of an advertiser.

he pointed out that to constitute the crime of false advertising, it must be "intentional", including indirect intentionality, slip of the tongue and other unintentional mistakes, which cannot constitute a crime. false advertising not only infringes on the legitimate rights and interests of consumers, but also infringes on the social relations of legitimate activities of commodity transactions protected by law. in order to ensure fair competition and protect the legitimate rights and interests of commodity operators and consumers, penalties must be used to punish false advertising.

according to relevant judicial interpretations, any one of the following six items can meet the standards for criminal investigation by judicial organs:

1. the amount of illegal income is more than 100,000 yuan;

2. using advertisements to make false propaganda in the name of preventing and controlling emergencies or preventing and controlling infectious diseases, causing many people to be deceived and the amount of illegal gains to be more than 30,000 yuan;

3. use advertisements to falsely promote food and medicine, and the amount of illegal income is more than 30,000 yuan;

4. although the above-mentioned amount standard has not been reached, the person has received two or more administrative penalties for using advertisements for false publicity within two years, and has also used advertisements for false publicity;

5. causing serious harmful consequences or adverse social impact;

6. other serious circumstances.