A Research On Legal Regulation Of TV Shopping False Propaganda

TV shopping, as a kind of emergent non-store shopping patterns, is normally provided byshopping programs or ads of television media, which can convey the relevant commodityinformation to consumers. Then consumers can buy goods by phone or web. In recent years,TV media as a new platform of the retail industry, TV shopping has got a fine development inthe Europe, the United States, Japan, South Korea and other countries. Which is known as“the third revolution in retail”? But in China, due to imperfect legal system, lack ofgovernment supervision and industry self-regulation mechanism,TV shopping is filled withkinds of unfair competition acts in this stage, and the most serious act is false propagandabehavior, which not only reducing the TV media credibility, but seriously damaging thelegitimate rights and interests of consumers. It is even against the orderly competitionenvironment of TV shopping market, and affecting the healthy development of the socialistmarket economy.This article is based on the flooded false propaganda behavior in TV shopping. Toregulate TV media’s acts of publication the false ads as the key point, it tries to construct thelegal regulation system of false propaganda behavior of TV shopping.In this paper, the thinking of writing is discovering problems, analyze problems andsolve problems. In addition to the introduction and conclusion, the text is divided into fourparts.The first part of this article introduces the definition of TV shopping false propagandabehavior, including the concepts and characteristics; and discusses the typical forms of thefalse publicity acts in TV shopping, including celebrity endorsement,“experts” statement and“consumers” personal performance. TV shopping false propaganda behavior refers to a kindof unfair competition behavior that commercial operators publish the false ads which relatedcommodity with the use of television media, exaggeration to improve product performance, inorder to make television advertisement receivers have wrong understanding and select thegoods.The second part mainly introduces the current situation and problems of the legalregulation of false propaganda behavior of TV shopping in our country. The key point is toexplore the legal problems in the TV shopping activity that in the existing legal system, and to resolve it.The third part introduces the relevant system of laws and regulations in America, Japan,South Korea and other countries in the false propaganda behavior of television media in theTV shopping. It consists of the principle of strict liability, the punitive compensation system,the witness advertising system, the specialized law enforcement agencies, the specializedenforcement law and perfect self-discipline mechanism.The forth part is based on the TV media responsibility, by constructing a series of system,For example: review specific responsibilities and imply individual accountability, establishthe principle of attribution of liability without fault, establish a system of punitive damages,establish a Supervision organization industry mechanism of self-regulation. So as to provide areference of legal regulation about improving the domestic false propaganda act in TVshopping industry.