An Empirical Study On The Legal Regulation Of False Publicity On Live Broadcasting Platform

The rapid development of Internet technology has brought many innovations in life.Not only can you buy your favorite goods at home,free from the trivial and distance barriers of shopping,but also expand the scope of consumer choice.The major e-commerce platforms also follow the trend,and today’s live broadcast platform has become the first choice for mass shopping and consumption.However,the upsurge of live shopping enthusiasm also contains some crisis.Some unscrupulous businesses violate the law and conduct false propaganda,which seriously infringes on the rights and interests of consumers and destroys the market order.As a new thing,the law on the protection of consumers’ rights and interests,the advertising law and the Anti Unfair Competition Law of our country only make the provisions in principle,and lack the corresponding relief rules,so it is difficult for the majority of consumers’ rights and interests to be fully protected.Therefore,it is necessary to construct a complete standard system of live broadcasting with goods and live broadcasting publicity,so as to improve China’s economic market order and promote the orderly development of e-commerce platform.This paper takes the current mainstream live broadcasting platform and its propaganda means as the breakthrough point,including the product introduction and explanation standards of its online and offline two mainstream channels,discusses in the way of focusing on typical cases,and aims to construct the regulation path of false propaganda behavior in live broadcasting industry in line with China’s national conditions.The first part introduces three typical cases,summarizes the false publicity problems which are worth attention in the live broadcast delivery and the host recommendation: firstly,the definition and scope definition of the live broadcast platform are clarified,including its coverage,revenue principle and common live broadcast display form.Secondly,the author puts forward the current problems and controversial focus on the supervision of false publicity on the live broadcast platform,including the form of expression and the main body of supervision.To clarify the legal elements,applicable norms,and the deep reasons.The purpose is to lay the foundation for the measures to strengthen comprehensive governance.Finally,the focus is on the relief of false publicity on the live broadcast platform.Based on the relief means mastered by the public,the paper analyzes the shortcomings,and tries to put forward targeted solutions based on the actual situation and improve the existing relief means in China.The second chapter is about the performance and judgment of false publicity behavior of live broadcast platform.Firstly,it summarizes the definition,classification and development process of live broadcast,systematically introduces the development stage of the mainstream broadcast platform,and tries to show the whole evolution and mainstream classification of the live broadcasting industry focused in this paper.Secondly,the performance of false publicity of the live broadcast platform is expounded.The main analysis is from the subject definition,subjective elements,object audience and objective effect.In addition,the characteristics and forms of false publicity on the live broadcast platform are summarized,so that it can be more intuitively displayed in front of the readers.The third chapter analyzes the supervision of false publicity behavior in the current live broadcast industry.First,the author expounds the existing legal system,the main body and the measures of supervision.Secondly,it analyzes the difficulties and shortcomings in practice.It is embodied in the object of supervision,the means of governance,the responsibilities of relevant departments,the punishment standards and the self-discipline of the industry.Therefore,the article suggests to expand the supervision object,establish a unified regulatory body,enrich the means of governance,perfect and coordinate the supervision law and strengthen the construction of the industry self-discipline system,so as to further build the supervision system in line with the national conditions of our country.The fourth chapter discusses the relief measures after receiving the false propaganda of the live broadcast platform.The first section summarizes the mainstream relief ways,mainly including the spontaneous private relief of citizens,seeking the public relief of the government and judicial organs and the social relief facing the media,and then explores the deficiencies and difficulties in various fields,including the difficulty of proof,the high relief cost and the criminal relief There is a lack of independent judicial cause and the feedback channel of the platform itself is not smooth.For this reason,this paper puts forward targeted solutions,including the inversion of the burden of proof,good evidence preservation,improving the public interest litigation of Consumer Association,upholding the principle of modesty,establishing the cause of false advertising infringement disputes and unblocking the relief feedback channel.Through the review of the above part,in addition to summarizing the outstanding problems,trying to explain the deep-seated reasons of the rampant of false publicity in the live broadcast industry from the root,in order to seek targeted suggestions,we also hope to arouse the attention of the public and academia to the live broadcast industry,in order to improve the legislative thinking and law enforcement means in the process of legislation and law enforcement in the future We should safeguard and develop the interests of consumers and the masses.