| 2019 is the first year of 5G commercial use.In the 5G era,the transmission of video images is more efficient,and the interactivity and real-time nature of online live broadcasts are more obvious,making live broadcasts bring goods to the tuyere.With the outbreak of the new crown epidemic in 2020,live streaming,with its strong inventory digestion ability,promotes the integration of online and offline economic development,and brings new entertainment methods and transaction channels to many consumers who maintain social distance.While the booming development of live streaming has brought great convenience to our lives,it has also created many legal issues.Among them,false propaganda is an unfair commercial competition in the field of live streaming,that is,the main body of online live broadcasting promotes goods or services by fictitious facts or causing consumers to misunderstand,and then achieves certain commercial interests.great social harm.At present,there are the following problems in the legal regulation of false propaganda of live broadcasts: First,there are many participants in live broadcasts,and various entities play different legal roles under different business models.This is the determination of illegal acts.And the distribution of legal responsibilities brings certain difficulties;secondly,there are many laws and regulations involved in the behavior,and the relevant regulations are scattered in the laws and regulations of different levels of effectiveness,and there are problems such as imperfect legal rules;thirdly,live streaming is a product of the development of Internet technology,which is different from the traditional marketing model in the form of false propaganda,the existing supervision mechanism is inevitably inadequate in dealing with this problem,coupled with the low degree of self-discipline of the industry itself,it has failed to give full play to its due supervision role.;Finally,the current rights and interests protection system is unreasonable,and it is difficult for consumers to exercise the right of recourse given by law.All in all,the imperfect design of the top-level system,the lack of external supervision,and the lack of internal self-discipline have led to the frequent occurrence of chaos in the live broadcast delivery industry,and cases of infringement of the legitimate rights and interests of consumers have occurred from time to time,hindering the healthy and orderly development of the industry.In view of this,this article starts with the analysis of the elements of the false propaganda of live broadcast with goods,so as to accurately define the false propaganda of live broadcast with goods.Through a detailed analysis of the status quo of legal regulation involved in behavior,the problems existing in the current legal regulation are proposed from five aspects:perfecting legal rules,rationally allocating legal responsibilities,improving supervision mechanism,increasing consumer protection,and improving the level of industry self-discipline.Suggestions on improving the legal regulation of false propaganda of live broadcasts.Specifically,it is recommended to issue detailed rules for the implementation of the Anti-Unfair Competition Law,appropriately expand the scope of application of the Advertising Law,refine the relevant provisions of the Electronic Commerce Law,and accurately divide the legal responsibilities of various entities according to different business models.,to increase the protection of consumers.In addition,while building a cooperative governance and supervision model in the field of live broadcast delivery and advocating industry self-discipline,it is recommended to introduce a "sandbox supervision" model in the field of live broadcast delivery,so as to use a more scientific and effective supervision method to escort the sustainable and healthy development of emerging industries. |
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