Regulation Of The Advertising Law Of Network Live Broadcast Marketing

Network live broadcast marketing are becoming increasingly active.As a new marketing model,it not only promotes consumption,but also gives birth to new legal issues.Compared with traditional marketing advertisements,webcast marketing commercial advertisements have the characteristics of wide communication range,great influence of illegal acts and great harm.At present,there is a lack of targeted advertising law regulation.There are three main problems: first,it is difficult to identify relevant illegal acts.Recessive commercial speech has strong concealment,which is difficult to be recognized as commercial advertising in practice,resulting in insufficient legal regulation;The boundary between false advertising and exaggerated advertising is unclear and difficult to distinguish;The identification standard of "misleading" in false advertising needs to be further refined.Second,it is difficult to identify the subject of responsibility.The subjects of commercial advertisements participating in online live broadcasting marketing mainly include anchor,MCN organization and live broadcasting platform,but the legal roles of the three in the advertising law can not correspond one by one.There is a situation that the subject regulated by the advertising law is not unique,which affects the distribution and commitment of legal responsibility.Third,the responsibility distribution of advertising spokesmen is unreasonable.In the commercial advertisement of webcast marketing,the advertising spokesperson has closer contact with consumers,and consumers make purchase decisions based on a stronger trust basis.According to the trust basis theory and the theory of tort cause force,the Advertising Spokesperson should bear more strict tort liability.Through further theoretical analysis and practical analysis,this paper puts forward some suggestions on the legal improvement of the above problems.First,we should refine the identification standards of relevant behaviors.The core of the definition of implicit commercial speech lies in its "commercial purpose".Due to the difficulty of verifying the elements of subjective purpose,it can be judged by referring to the foreign "substantive connection" standard,that is,if there is a certain substantive relationship between the Advertising Spokesperson and the product manufacturer,it can be regarded as commercial speech.The exaggerated boundary between false advertising and exaggerated advertising lies in whether it is "misleading",and the standard of "misleading" can be subdivided into "who caused","how many caused" and "to what extent".The second is to clarify the legal status of relevant subjects.The anchor is usually an advertising spokesperson,and exceptions may constitute advertisers,advertising operators,and advertising publishers.MCN agencies are usually advertising operators,exceptions may constitute advertising publishers,advertising spokespersons.Live broadcast platforms are usually network information service providers,and exceptions may constitute advertising publishers and advertising operators.Third,we should re-examine the responsibility bearing mode of the spokesperson of online live broadcast marketing advertising.The spokesperson of webcast marketing has a greater trust basis for consumers,and accounts for a larger proportion of the original cause in advertising infringement,which has stronger imputability,and should bear the liability of presumption of fault;In case of failure to provide the relevant information of the advertiser stipulated by law,it shall also bear the conditional untrue joint and several liability.It is suggested to add the relevant provisions of "online live broadcast marketing advertising" in the advertising law,especially to clarify the special responsibilities of the advertising spokesperson.