| With the rapid development of Internet technology,supported by 4G and 5G technology,the e-commerce industry has ushered in a spurt of development,and the ensuing live marketing is a new model of new business under the development of new technology.Compared with traditional marketing methods,live marketing is more interactive and social,having gained the favor of consumers.However,along with its rapid development,some hidden problems cannot be ignored,especially the false propaganda behavior of personnel.Live marketing personnel often take advantage of consumers inability to observe products on the spot to carry out false publicity by exaggerating the quality and efficacy of products,falsification of flow,concealing defects of products and other means.In addition,consumers are in an immersive environment,and are easily deceived by the words of live marketing personnel,and are influenced by other consumers in the live room or "water army",leading to impulsive consumption based on false perception of goods.The study focuses on the current situation of live marketing false propaganda regulation,analyzes the regulatory dilemma,and puts forward constructive suggestions in terms of improving legislation and optimizing supervision,in order to crack the current live marketing false propaganda regulation dilemma.Firstly,the concept of live marketing false propaganda is introduced through the case,and the false propaganda in live marketing is clarified and the types of live marketing false propaganda are condensed.Secondly,by summarizing and analyzing the current legal norms and regulations of live marketing false publicity,the dilemma in the regulation process are summarized in two aspects.In the legislation aspect,there are mainly live marketing legal attributes unclear,false propaganda of the identification criteria to be clarified,the main body involved in the distribution of legal responsibility unknown;In the regulatory aspects,there are unknown regulatory body,insufficient technology and collaborative regulatory mechanism is not sound.Finally,to improve the path,the author believes that it is necessary to clarify the false live marketing false propaganda nature in the legislation.Whether the live room is "identifiable",whether the content of the statement is "should be disclosed"information,whether the form of promotion exceeds the obligation of consumer advertising recognition——The three criteria are introduced to define the legal attributes of live marketing,so as to solve the problem of legal application;The core position of "misleading"in the identification of false propaganda should be highlighted,and the quasi-criteria and concept of "misleading" should be discussed;The identity of the subject and legal responsibility can be discussed in relation to the actual situation,especially for the responsibility of multiple identity of live marketing personnel to be clear.In addition,to improve the participation of multiple entities in the common governance regulatory system,efforts should be made to promote the platform,industry associations,social media multi-participation in the supervision,and form a pluralistic regulatory system;The government supervision mechanism led by the market supervision department needs to be improved,and the construction of the "power list" of government departments needs to be promoted;Technology needs to be updated to monitor the whole process of live marketing,which can be achieved by improving pre-event,in-process and post-event regulatory technologies,embracing the data era and actively introducing blockchain,AI and big data technologies. |