Discussion On Legal Issues Involved In False Propaganda Of Live Broadcasting With Goods

The live-streaming industry has developed rapidly in recent years,bringing shopping convenience to the consuming public.while also providing some employment opportunities and promoting economic development.However,as an emerging business form,the process of Live Streaming with goods appeared in many cases of irregularities.In particular,live with false propaganda phenomenon occurs frequently and repeatedly.Which seriously infringes on the legitimate rights and interests of consumers and disrupts the orderly development of the live with the goods industry.Live with false propaganda is different from traditional commercial false propaganda,the traditional commercial false propaganda has a fairly complete legal norms to provide and regulate.However,live with false propaganda involves some legal issues have yet to research and discussion.Such as the legal characterization,the identity of the participating subjects and the level of the legal relationship involved,the legal responsibility of the anchor,business,live platform,as well as live with false propaganda of the regulatory path level also need to continue to improve.Although live with false propaganda and traditional commercial propaganda of basically the same meaning,based on the special nature of the network,its behavior is more flexible and versatile forms of expression.The type of false propaganda is not limited to the traditional form of commercial false propaganda,breeding some new types of false propaganda.Such as fictitious live streaming traffic data,online falsification of the number of transactions to mislead and deceive consumers.The traditional commercial propaganda behavior and sales behavior are separated in time and behavior.While the propaganda behavior in live-streaming with goods occurs almost simultaneously with the sales behavior.This leads to live with the false propaganda in the legal characterization of the difficulty,in practice to determine whether the live with the propaganda behavior constitutes false propaganda.We must seize the essence of false propaganda,accurately grasp the identification criteria,pay attention to the unity of subjective and objective.Live with false propaganda of the participating subjects may have multiple legal identities at the same time,involving a variety of legal relationships.Especially the anchor may be a variety of identities at the same time,such as business,advertisers overlap.Need to clarify the positioning of each role of the subject,analyze each layer of legal relationships.Based on the degree of participation of each subject to live with false propaganda and the contribution of a comprehensive determination of each legal relationship should bear the legal responsibility.The current live with false propaganda regulatory measures are inadequate and still need to be improved.Firstly,it is necessary to establish a coordinated and unified legal norm system.Because most of the legal provisions regulating the live with goods are scattered in the various branch laws.Although there are more complete regulations,the effectiveness level is low,resulting in rarely applied in practice.Secondly,at the level of regulatory mechanism,due to the large number of live group subjects,and false propaganda behavior occurs in cyberspace,the supervision of the face of greater challenges.Need to clarify the scope of responsibility of the relevant subjects,innovative regulatory approach,the responsibility of the subjects to cooperate with each other,the common supervision and management responsibilities.Finally,it is necessary to improve the consumer rights protection mechanism.To ensure that consumers have a smooth road to protect their rights,to create a multi-channel rights protection model,and to encourage consumers to use the correct legal means to protect their legitimate rights and interests.In order to more effectively regulate the false propaganda behavior of live-streaming with goods and create a healthy and orderly market environment in the live-streaming industry.The article explores the legal issues involved in live-streaming with false propaganda by means of literature research and case analysis.First of all,it determines the recognition criteria of live-streaming with false propaganda,and correctly grasps the essence of false propaganda.At the same time,the legal identity of each participating subject and the legal relationship involved are clarified.Secondly,based on the legal relationship between the anchor,the business,and the live broadcast platform.As well as the degree of participation and the role of the false propaganda of live broadcast with goods to determine the legal responsibility that each should bear.Finally,analyze the regulatory path for false promotion of live streaming products from the perspectives of legal system,regulatory mechanism,and rights protection.