Protection Of Customer Rights And Interests Of False Publicity In Live Streaming E-commerce

With the rapid development of network technology,the hosts in live streaming E-commerce use the live broadcast platform as the media to explain,promote and sell goods.The strong sense of live experience,the large scale price discounts and the interaction between the host and customers make the live streaming E-commerce accepted and loved by more and more consumers.However,some network anchors conducted false publicity in order to improve the sales of goods,which led to the continuous growth of disputes in live streaming E-commerce,and meanwhile,the problems of harming consumers’ rights and interests became increasingly apparent.Although seven departments,including the State Market Regulatory Administration and the Cyberspace Administration of China,have issued documents to regulate live streaming marketing,the low threshold for live streaming E-commerce makes more and more illusive advertisements.Different from the traditional sham publicity,the main subjects of the one in live streaming E-commerce are more diversified.It has the characteristics of diversified publicity channels,interactive publicity methods,more concealment and timeliness,which mainly takes deceptive propaganda,grandiose propaganda and misleading propaganda as the dominant factor.The false publicity of live streaming E-commerce harms consumers’ rights and interests mainly in the aspects of consumers’ right to know,fair trade,right of repentance and right of claim.The anchor provides false commodity information to mislead consumers’ choices,and consumers get incomplete or even wrong information about the commodities,which makes the commodities purchased by consumers do not match the price or the quality of commodities does not match the anchor’s description.When consumers exercise the right of estoppel against commodity operators due to commodity quality problems,commodity operators will refuse to exercise the right of estoppel due to irregular exercise of the right of estoppel or exceptional provisions,which makes the right of estoppel impractical.At the same time,it is difficult to determine the object of claims for live streaming E-commerce,to provide evidence and to implement compensation for damages,which makes it difficult for consumers to realize their right to claim compensation.Through the analysis of the main manifestations in false publicity which harms consumers’ rights and interests,it is found that the customer protection against false publicity in the live streaming E-commerce has some problems,such as the unclear subject orientation and responsibility,which makes consumers not to be able to identify the object of claim,the inadequate implementation and supervision of the information disclosure system,and makes consumers’ right to know cannot be guaranteed,and meanwhile,the existing dispute resolution mechanism is not enough to solve the disputes in the live streaming E-commerce.This paper puts forward the following countermeasures: First of all,clarify the legal responsibility of each subject in live streaming E-commerce,which can avoid the shifting responsibility onto other network anchors when disputes occur,so that consumers can find the right party to claim compensation.Secondly,strengthen the implementation of the information disclosure system of the live network anchor,and clarify the information disclosure content of each live network anchor;strengthen the supervision of administrative departments and live broadcast platforms on information disclosure,and reinforce the punishment of live broadcast network anchors who violate the information disclosure system,so as to protect consumers’ right to know.Finally,relevant measures should be taken to effectively improve the operational effectiveness of the dispute resolution mechanism,such as improving the anchor’s first compensation system and increasing the anchor’s responsibility for goods selection and delivery,which can effectively prevent the anchor from false publicity during the live broadcast;the reasonable construction of online dispute resolution mechanism can reduce the cost of consumers’ rights protection,broaden dispute resolution channels,and increase consumers’ confidence in rights protection;the burden of proof shall be reasonably allocated through the inversion of the burden of proof for commodity operators and the principle of presumption of fault for network anchors.In addition,consumers can effectively protect their legitimate rights and interests by establishing a rational consumption concept and improving their awareness of rights protection in the live streaming E-commerce.