Live broadcast with these legal risk anchors should know!

civil liability

(1) Liability for breach of contract for false propaganda

① For self-operated and self-selling anchors, in the process of live marketing, buyers successfully submit orders and establish sales contracts with them.

(2) If the live broadcast marketers publish false advertisements to deceive and mislead consumers, and the actual goods/services are not in conformity with the agreement, the anchor or its company shall be liable for breach of contract such as continuing to perform, repairing, redoing, replacing, returning goods, supplementing the quantity of goods, returning the payment for goods, and compensating for losses.

(2) False advertising infringement

If false advertisements are published to deceive and mislead consumers and damage the legitimate rights and interests of consumers who buy goods or receive services, self-operated and self-selling anchors, as advertisers, shall bear tort liability. If a false advertisement for a commodity or service that is related to consumers' life and health causes damage to consumers, the anchor who promotes the commodity with the commodity, whether he knows or should know, shall be jointly and severally liable with the advertisement publisher.

2. Administrative responsibility

(1) In case of publishing false advertisements in violation of the administrative responsibility of the Advertising Law, the market supervision and management department shall order them to stop publishing advertisements, order advertisers to eliminate the influence within the corresponding scope, and impose a fine. In addition to the fine, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year.

(2) illegal use of advertising language

Advertisements shall not use National Flag of the People's Republic of China, national anthem, national emblem, military flag, military song or military emblem in disguised form; Use terms such as "national level", "highest level" and "best"; Containing obscenity, pornography, gambling, superstition, terror and violence; It contains ethnic, racial, religious and gender discrimination.

(3) Goods and services recommended and proved by advertising spokespersons that have not been used.

Advertising spokespersons shall make recommendations and certificates of goods and services in advertisements based on facts and in accordance with the provisions of this Law and relevant laws and administrative regulations, and shall not make recommendations or certificates of goods or services that they have never used. Otherwise, the illegal income shall be confiscated and punished by the market supervision and management department.

Administrative responsibility for violating the anti-unfair competition law

If an operator makes false or misleading commercial propaganda on his goods, the supervision and inspection department shall order him to stop the illegal act and impose a fine; If the circumstances are serious, the business license may be revoked in addition to the fine.

Administrative responsibility for violating product quality law

Will be ordered to stop selling, confiscate the illegally sold products and impose a fine; Illegal income, confiscate the illegal income; If the circumstances are serious, the business license shall be revoked.

3. Criminal responsibility

(1) Crime of false advertising.

(2) the crime of selling fake and inferior products.

(3) the crime of selling products that do not meet safety standards.

(4) Crime of damaging commercial reputation and commodity reputation.

reference data

[1] Please refer to the Administrative Measures for Webcast Marketing (Trial) by the head of the National Internet Information Office.

[2] See Article 11 of the Interim Measures for the Administration of Internet Advertising.

[3] See Articles 2, 4, 9, 13, 55, 56, 28 and 62 of the Advertising Law.

[4] See article 49 of the Electronic Commerce Law.

[5] Articles 8, 11, 13 and 23 of the Anti-Unfair Competition Law.

[6] See Articles 49 and 52 of the Product Quality Law.