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on september 19, hefei city, anhui province established a joint investigation team to investigate the relevant problems in the live broadcast of hefei sanyang network technology co., ltd. (hereinafter referred to as "three sheep company") that were recently reported on the internet.

on september 26, the hefei city joint investigation team issued a relevant report and determined that three sheep company's live broadcast promotion of "hong kong meicheng mooncakes" and "australian grain-fed beef rolls" constituted false commercial promotions. in the end, the investigation team proposed to confiscate illegal gains and fine sanyang company a total of 68.9491 million yuan.

with the announcement of the investigation results, the "three sheep" crisis has come to an end for the time being. so, what kind of compensation can consumers who have purchased related products in the three sheep live broadcast room claim? how should the responsibilities of three sheep company and food manufacturers be divided? this will also become the focus of public attention in the next period of time. let’s take a look at the professional interpretation of lawyer wei zhuoran, a member of the lawyer expert database of "rule of law daily" and a senior partner of beijing huixiang law firm.

"refund one and compensate three" or "refund one and compensate ten"?

sanyang company’s false propaganda not only violated consumers’ rights to know, fair trade, safety and claim rights, but also disrupted market order, constituted false propaganda and fraud, and violated the civil code and the protection of consumer rights. law, food safety law, anti-unfair competition law, e-commerce law and other relevant legal provisions.

three sheep has been found to have engaged in false commercial promotions. how should consumers safeguard their rights in the future? lawyer wei zhuoran said that consumers can complain to the market supervision and management department or consumer association and request that the false advertising behavior of three sheep company be investigated and dealt with; they can also directly negotiate with three sheep company and request returns and compensation for losses. if negotiations fail, consumers can apply for arbitration or file a lawsuit to demand compensation. in addition, if consumers are harmed after eating substandard food, they can choose the food producer or seller to bear the infringement damages.

in addition, three sheep company should also proactively cooperate with consumers in safeguarding their rights. for example, products involved in false advertising should be returned and consumers should be compensated for losses in accordance with legal provisions; they should cooperate with the investigation of the market supervision department and provide relevant evidence to ensure the legitimate rights and interests of consumers; they should suspend the sale of problematic products, conduct internal rectification, and establish product review mechanism.

regarding whether consumers can get compensation of "refund one and compensate three" or "refund one and compensate ten", lawyer wei explained that article 55 of the consumer rights protection law stipulates that consumers can demand three terms of the price due to the operator's fraudulent behavior. double compensation; article 148 of the food safety law stipulates that because food does not meet safety standards, consumers can demand compensation ten times the price.

"refund one, pay three" applies to false advertising or fraudulent behavior, such as three sheep's company's promotion of mooncakes as "meicheng's, hong kong's, high-end mooncakes" as a selling point, and the behavior of promoting modulated meat as original cut meat. consumers you can ask for "refund one and compensate three". "refund one and compensate ten" applies to food safety issues. if the meat quality of the recommended mooncakes and beef rolls does not meet food safety standards, consumers can claim "refund one and compensate ten".

how should the responsibilities be shared between the manufacturer and three sheep?

according to the investigation results, in the process of selling mooncakes, sanyang company made false publicity knowingly or should have known about it. it shall bear primary responsibility, and the manufacturer shall bear secondary liability. in this regard, manufacturers need to prove that they are not involved in false advertising.

in the process of promoting beef rolls, three sheep engaged in passive false propaganda and were held responsible for failing to fulfill their audit responsibilities. however, the main responsibility should be borne by the manufacturer (xian duoyu company) who provided false information. the three sheep were negligent in failing to check the original meat test report. in this case, if a consumer is harmed by eating substandard food and claims damages from three sheep company, three sheep company has the right to recover compensation from the manufacturer after compensation.

how to strengthen the supervision of anchors when false sales occur frequently?

in april 2021, seven departments including the cyberspace administration of china, the ministry of public security, the ministry of commerce, the ministry of culture and tourism, the state administration of taxation, the state administration for market regulation, and the state administration of radio and television jointly issued the "online live marketing management measures (trial)" , which came into effect in may of the same year. this measure has a certain binding force on false propaganda by clearly dividing the respective responsibilities of platforms, anchors and merchants.

lawyer wei believes that the supervision of the live streaming industry should improve relevant laws and regulations, clarify the boundaries of responsibilities, legal obligations and illegal consequences of anchors, platforms and merchants in live streaming; establish a qualification review and credit rating system for the live streaming industry to ensure that practitioners the personnel should have relevant professional knowledge and ethics; the platform should consolidate its review responsibilities, strictly review the qualifications of merchants, and establish an accountability mechanism to hold accountable anchors and merchants involved in false propaganda within the platform.

in addition, public awareness of supervision should also be raised. encourage consumers, industry associations and the media to supervise live content, promptly expose and report false propaganda, and form a sound supervision mechanism inside and outside the industry.