Study On Legal Regulation Of False Propaganda In Live Streaming

In the "post-epidemic era",with the rapid development of live streaming economy,the repeated false propaganda chaos has ushered in new challenges for the market competition order,and also brought the loss of rights and interests protection for consumers.This paper aims to clarify the current situation and dilemma of false propaganda of live streaming and explore the path to solve the problem,which has practical significance in both system construction and practice.Specifically,this paper is divided into four chapters,which are discussed from the following aspects:Chapter 1 is an overview of false propaganda of live streaming.This chapter starts with the definition of false propaganda behavior by analyzing the definition,constitutive elements and characteristics.False propaganda is divided into three categories according to the influencing factors of consumers’ purchasing decisions,especially the behavior type of "data fraud".Finally,by summarizing the internal attribution of false propaganda behavior,it is helpful to find the path and countermeasures to solve the problem.Chapter 2 is about the current situation of the legal regulation of false propaganda of live streaming.In this chapter,the legislative status,law enforcement status,judicial status and the comparison of regulation in the United States and Germany are discussed.A top-down regulatory framework system has been formed.There are multi-mode crossover in existing legislative regulations.China has evolved from centralized management to normal supervision,with full coverage of former prevention to subsequent strict responsibility;The court has gradually relaxed the identification criteria of competition relations.In addition,this chapter compares the different situation of regulation in America and Germany,which can offer some reference to our country.Chapter three is about the difficulties in regulating false propaganda.This chapter focuses on the current regulatory dilemma of false propaganda,which is reflected in the following aspects: Firstly,the legal regulation system is not perfect;Secondly,the subject identification and responsibility division is not clear enough;Furthermore,the supervision mechanism is not comprehensive enough;Finally,relief mechanisms are inadequate.Chapter four is the legal regulation path of false propaganda.This chapter makes some specific innovation ideas.This chapter proposes to improve the legal regulation system,refine the relevant legal norms,and strengthen the connection between general provisions and specific provisions;Clarify the obligation and responsibility allocation of all participants,especially for the anchors,operators,MCN institutions and live streaming platforms;Build the co-governance mode of live streaming platforms and industry organizations,strengthen integrated law enforcement;Our country can also appropriately learn from other system experiences,introduce "reversion of burden of proof","platform evidence assistance",and promote the relief mode of "Internet + trial + online mediation".