Research On The Legal Regulation Of Advertising Endorsement In Live Webcasting With Goods

With the rapid development of live webcasting,there are numerous incidents of consumers’ rights and interests being harmed by false propaganda of live broadcast anchors,but the current law does not clearly define the nature of the anchor’s endorsement,which leads to consumers not knowing that the anchor should bear the responsibility of endorsement when their rights and interests are infringed,law enforcement departments ignoring the responsibility of the anchor’s endorsement,and judicial organs ruling that the anchor is not responsible,which is seriously inconsistent with the actual degree of influence of the anchor in the infringement of live broadcast with goods.Therefore,it is necessary to conduct an in-depth study on the legal issues of advertising endorsement in live webcasting,and make specific suggestions on the legal regulation path,so as to provide legal guarantee for protecting the legitimate rights and interests of consumers and maintaining the orderly and healthy development of the industry.The first chapter draws out the focus of controversy through classic cases and responds to general issues such as the characteristics of advertising endorsement in live webcasting and the common types of false live endorsement.Specifically,the anchors may have other identities in the process of carrying goods,but their core identity is still that of an advertising spokesperson;compared with ordinary spokespersons,advertising spokespersons in live-streaming are more autonomous,consumers trust the spokespersons more deeply,and the results of the endorsement are transformed more quickly;common types of false endorsement mainly include false quality endorsement,false price endorsement and fictitious identity position endorsement.The second chapter compares the different views of academia and the public on the liability of advertising endorsers in live broadcast with goods,which can be divided into two categories: endorsers are liable and endorsers are not liable.After analyzing and reflecting on the above-mentioned views,this paper agrees with the tort liability theory in the endorser’s liability theory,and believes that the principle of fault promotion should be applied to the infringement of endorser’s liability.The third chapter compares the legislation and the shortcomings of the legal liability of advertising endorsement in live webcasting from three perspectives: legislation,law enforcement and justice.The shortcomings at the legislative level are the low level of regulation,vague and general content and the principle of imputation;the shortcomings at the law enforcement level are the unclear authority and responsibility of many law enforcement bodies,the neglect of endorser’s responsibility in the law enforcement process and the lack of prior and intermediate supervision;the shortcomings at the judicial level are the neglect of the endorser’s responsibility in the judgment and the difficulty of consumer’s right defense.The fourth chapter addresses the shortcomings of the legal regulation of advertising endorsement in live webcasting,and proposes corresponding countermeasures from the perspectives of legislation,law enforcement and justice respectively.It mainly includes improving the laws and regulations on the legal responsibility of advertising endorsement,innovating the law enforcement method of regulating advertising endorsement and improving the judicial determination and trial method.