Administrative Law Regulation Of Online Live Broadcasting With Goods Advertising Behavior

By analyzing the legal nature of online live streaming sales,including the dispute over the ownership of commercial advertisements for online live streaming sales,the definition of regulation,the applicability of administrative regulations and their dispersed dissemination,and the characteristics of target audience and community identification persuasion.Research has found that online live streaming with goods is essentially based on the personal trial experience of online anchors,using new media platforms to provide consumers with e-commerce activities such as product or service recommendations.It is in line with Article 2 of the Advertising Law and is essentially a recommended advertisement.At present,the three main problems of online live streaming sales are exaggerated advertising,false advertising,and price fraud.The main reasons for the problems are:(1)the lag in the regulatory logic of the current advertising law,including excessive platform monitoring obligations and proactive monitoring of the principle of damage proportion;(2)The behavioral boundaries of commercial advertisements in live streaming sales are not clear,such as misplaced evaluation standards,unclear positioning of participants,and unclear responsibilities of anchors;(3)Insufficient legal remedies,such as unclear definition of the concept of internet advertising and unclear basis for legal application.In response to the above issues,by drawing on the experience of Germany’s administrative leadership and South Korea’s comprehensive regulation of online live streaming,several inspirations for China’s regulation of online live streaming with goods are proposed,including the comprehensive use of big data and other technologies to strengthen supervision and optimize regulatory measures,and intelligent regulation of platforms.Combining with foreign experience,four suggestions for improving the regulation of online live streaming commercial advertising behavior in China are proposed.Firstly,clarify the standardized path for online live streaming and sales advertising behavior;The second is to determine the criteria for determining whether live streaming sales constitute advertising,including the legal status of the host and the advertising law regulations for live streaming content;The third is to clarify the responsibilities of broadcasters under the Advertising Law,including clarifying the legal status and behavioral patterns of broadcasters,implementing regulatory measures for broadcasters from multiple parties,and taking measures to clarify the identities and responsibilities of each subject in live streaming;Finally,it is necessary to clarify the administrative supervision path for false advertising and false propaganda,including distinguishing between false advertising and false propaganda,the application of administrative laws and regulations,and the adaptability of its administrative supervision to China.