| With the continual update of network technology,the e-commerce field has gradually derived the model of live streaming sales on the Internet.Thanks to its real-time,interactive,and high-experience characteristics,it has become one of the popular shopping methods.Nowadays,in the aftermath of the epidemic,the live streaming sales industry on the internet has become a brand new source of economic growth.However,in its rapid development,it has gradually exposed various problems caused by false advertising,such as the lack of product quality assurance,data falsification,price fraud,etc.The existence of the above problems not only infringes on the legitimate rights and interests of consumers in market transactions but also fails to follow the relevant interests of other operators,thereby producing certain negative effects.This has caused a certain degree of disruption to the normal order and stable operation of the market.In response to such disputes,the current legal solution also faces certain difficulties.As such disputes involve the common interests of individuals and society,the reasonable regulation of false advertising in live streaming sales on the internet has become one of the focus points of the current legal system.By reviewing the main laws applicable to the regulation of false advertising behavior,we can define the nature of false advertising behavior in online live streaming.Due to the complexity of the subject matter,the obscure and difficult identification of methods and the difficulty in obtaining information,the regulation of online live streaming sales has become more difficult.However,if this kind of behavior is allowed to develop,it will lead to serious consequences such as market failure and loss of industry credibility.To maintain an orderly competitive order,maintain good industry credibility and protect the legitimate rights and interests of consumers,it is urgent to regulate the false advertising behavior of online live streaming sales.In practice,there are three main difficulties faced by China in terms of regulation: firstly,the legal nature of online live streaming sales behavior is unclear,and there is still controversy over whether it belongs to commercial advertising,and the relationship between false advertising and false propaganda has not been clarified.Secondly,in different sales models,there are often difficulties in identifying the legal status of anchors,Multi-Channel Network institutions,merchants and platforms,as well as the responsibilities they should bear,leading to some uncertainty.Finally,the actual effectiveness of regulatory measures is low,and the feasibility is not high.Based on the development path of the e-commerce sector in developed countries,valuable and feasible experiences should be extracted from it and improved and applied in a localized way.From a normative perspective,China’s regulation of false advertising in online live sales should mainly rely on the Advertising Law and the Anti-Unfair Competition Law,while at the same time integrating relevant provisions of the E-commerce Law and the Law on Protection of Consumers’ Rights and Interests.To improve the legal system for regulating false advertising in online live sales,first of all,the legal nature of online live sales behavior should be clarified,and the distinction between false advertising and false propaganda should be accurately defined.Secondly,based on specific circumstances,the legal status and responsibilities of different subjects involved in online live sales should be determined accurately.Finally,China should optimize the supervision and management of online live sales,establish a data monitoring and sharing system,and an online mediation and dispute resolution platform.In addition to government regulation,attention should also be paid to the role of television stations,consumer associations,and industry self-discipline organizations.Not only should we achieve post-regulation,but also strengthen the importance of pre-and during-regulation. |
