Should the anchor be responsible for the dispute caused by live delivery?
Photo source: China Consumer Association
[Beijing Direct News Network August 18th] (Daily economic news)On August 5, the "analysis of complaints received by the National Consumer Association in the first half of 2020" released by the Chinese Consumer Association showed that during the epidemic period, most consumers chose to spend at home, and the relevant complaints under the "housing economy" presented new situations and new characteristics. Among them, it includes the consumption disputes of live e-commerce derived from the live broadcast of online celebrities.
The main problems reflected by consumers on live e-commerce shopping are as follows:
One is that the anchor is suspected of exaggeration or false publicity, such as the use of "most", "exclusive" and other extreme words.
Second, the quality of goods is not up to standard, and some commodities even have no products.
Third, there are links from unknown sources suspected of fraud in the live broadcasting room, and consumers are cheated after clicking.
Fourth, the anchor induces consumers to the third-party trading platform, which has poor credit qualification.
Fifth, the after-sales service of some commodities is not guaranteed.
What is the responsibility of the host? How should consumers protect their rights? The reporter of "daily economic news" conducted an interview on this issue.
It should be publicized and promised that the host knows all the performance and problems of the product
In mid February 2020, consumers will spend more than 1500 yuan to buy three clothes through a live broadcast platform. After receiving the goods, it was found that two of the clothes were completely different from the live samples, and the request for return was rejected. Consumers complained to Changchun Consumer Association.
Consumer Association staff timely contact with the live broadcast operators, the other side said they are not selling. The staff verified the screen capture information provided by consumers one by one with the operators, pointing out the problems existing in the goods and the legal right of consumers to return goods without reason for seven days. Under the coordination of the staff, the operator will return the clothing money.
There is a problem with the goods purchased through the live broadcasting room of the anchor. Should the anchor bear the corresponding responsibility?
In response, Geng Shuai, a partner of Shanghai Shenhe law firm, told the daily economic news that he should first clarify the role of the anchor in the live delivery of goods, whether he is selling goods as an operator or advertising to other operators.
Geng Shuai pointed out that if an anchor sells his own product, he is a commodity operator. If there is a problem with the product, the anchor shall bear the corresponding legal responsibility according to law. But if the anchor is to bring goods for other businesses, it belongs to the category of advertising. According to Article 56 of the advertising law, if a false advertisement is published to deceive or mislead consumers and cause damage to their legitimate rights and interests, the person responsible shall be the advertiser. Only when the spokesperson knows or should know that the advertisement is false, can he and the advertiser bear joint and several liability.
But it's also going to let some of the anchors take advantage of it. Geng Shuai said that as long as the anchor provides evidence to prove that he has fulfilled his duty of review, the duty of care of ordinary people should be taken as the standard to measure the fault of the anchor, and the duty of review should not be reversed based on the results of criminal cases afterwards.
The "advertising law" also stipulates that it is not allowed to speak for unused goods or services, but there are also situations in which an anchor recommends a product that he or she has not used.
In this regard, Geng Shuai proposed to amend the relevant laws. When engaging in live network marketing, they should publicly promise that the anchor understands and understands all the performance and existing problems of the product, so as to avoid the anchor from drilling holes, so as to protect the rights of consumers.
Inspection and acceptance system should be established for direct seeding with goods
The Chinese Consumer Association pointed out that at present, the Internet economy has derived some new business models and business forms, such as live shopping, online games, video services, etc. these new business models are conducive to the development of social economy. However, relevant operators are constantly exploring the edge of law and regulation. It is suggested that the relevant government departments should strengthen the research on new problems, promulgate relevant norms as soon as possible, safeguard the market order and safeguard the rights and interests of consumers.