The 5th 315 Internet Consumption Forum and Seminar on the Protection of Consumer Rights and Interests in Webcasting Industry Held in Beijing
On October 29, Beijing Consumers Association and Beijing Sunshine Consumption Big Data Research Institute jointly held the 5th March 15 Internet Consumption Forum and Webcasting Format Consumer Rights Protection Seminar. The theme of this forum is "focusing on the emerging business formats of online live broadcasting, promoting the healthy development of industry norms; exploring ideas and measures to solve problems, and safeguarding the legitimate rights and interests of consumers". Leaders, experts and professionals from regulatory authorities, consumer associations, academic institutions, judicial practice, news media, and related enterprises, combined with their own work practices, participated in the conference online and offline, and discussed the aspects of the online live broadcast format. Issues such as consumer rights protection, major emerging business formats, and normative governance and development trends were discussed.
At the beginning of the meeting, Yang Xiaojun, vice president and secretary general of Beijing Consumers Association, delivered a speech on behalf of the organizers. Yang Xiaojun said that the Beijing Consumers Association has carried out a survey on online live broadcast consumption for three consecutive years. The survey results show that the current live broadcast consumption experience is generally good, but at the same time, there are still some suspected false propaganda, non-public license information, vulgar words and deeds, misleading prices, and no obvious reminder of the risks of private transactions. At present, new models, new formats and new problems in the online live broadcast format are constantly emerging, and various problems that damage the rights and interests of consumers have not been effectively curbed. Consumer associations still need to focus on the hot and difficult issues of Internet consumption, including the live broadcast format. Research. This time, regulatory authorities, industry organizations, scientific research institutions, judicial practice and enterprise representatives are invited to participate in the discussion and discussion to discuss the problems existing in the online live broadcast industry, as well as solutions and measures. Quality development; is to effectively safeguard the legitimate rights and interests of consumers and implement the people-centered development idea.
Peng Xinmin, vice-chairman and secretary-general of the China Consumers Association, delivered a speech. He demanded that the consumer associations at all levels should actively perform their statutory supervision duties, strengthen research, innovate methods, take responsibility, and effectively safeguard the legitimate rights and interests of consumers. The first is to continuously improve the facilitation of complaint acceptance, increase the resolution of consumer complaints, support consumers in conducting class actions when necessary, file public interest lawsuits against acts that damage the legitimate rights and interests of unspecified consumers, and ensure that consumers are legally The protector of rights and interests; second, we must strengthen the work linkage with the administrative supervision department, timely transfer the clues that infringe on the legitimate rights and interests of consumers, and at the same time, expose and criticize the behavior that damages the legitimate rights and interests of consumers through the mass media, and do a good job in supervising the integrity of enterprises. Third, strengthen research on consumer rights protection issues in new consumption models such as online live broadcasts, constantly explore and grasp the law of consumer rights protection in the Internet industry, put forward effective solutions and suggestions to relevant departments, and be an advocate for efficient government supervision.
Li Tong, Deputy Director of the Innovation and Internet Supervision Research Department, Development Research Center, State Administration for Market Regulation
Subsequently, Li Tong, deputy director of the Innovation and Internet Supervision Research Department of the Development Research Center of the State Administration for Market Regulation, introduced the supervision and governance of the online live broadcast format by the State Administration for Market Regulation and other relevant departments. He believes that in the face of new business formats, supervision and governance require new concepts, new methods and new means. The first is to use the new supervision concept to further consolidate the main responsibility of the platform, and pay attention to strengthening the whole chain governance. The live broadcast content publishing platform must strictly abide by laws and regulations and relevant regulations, strengthen and improve the content screening mechanism, strictly implement the list of major problems in the online live broadcast industry, establish and improve the classification and grading standard management of live broadcast accounts, live broadcast rewards, live broadcast delivery, content review, Internal management systems such as report acceptance and other internal management systems, and do a good job in content control and screening. The second is to give full play to the role of standardization, especially the role of group standards and enterprise standards. The third is to explore the use of new technologies to strengthen the protection of consumer rights and interests. It is necessary to explore the use of new technology means to deal with the problems arising in the new economy, new business format and new model.
Lv Laiming, Professor of Law School of Beijing Technology and Business University and President of Beijing Law Society E-Commerce Law Research Association
In the special speech of the first unit, Lv Laiming, a professor at the Law School of Beijing Technology and Business University and president of the Beijing Law Society's E-Commerce Law Research Association, made a speech entitled "Responsibilities of Live Marketing-related Business Entities". He believes that the responsibility of the main body of live broadcasters must first divide public law obligations and private law obligations, or public law responsibility and private law responsibility. From the perspective of public law responsibility, the focus of regulation on live streaming is the legality of content in live marketing. There are many specific business models in live marketing, and the output content needs legal supervision; the second is authenticity, that is, the governance of false propaganda. . As far as private law liability is concerned, for the protection of consumer rights and interests, it is mainly to solve the problem of compensation for losses, and who shall bear the responsibility of various subjects. In March this year, the Supreme People's Court's judicial interpretation on online consumption disputes made a relatively clear and clear division.
Xue Jun, Deputy Dean of Peking University Law School and Director of E-Commerce Law Research Center
Xue Jun, Deputy Dean of Peking University Law School and Director of E-Commerce Law Research Center, delivered a speech entitled "Problems Related to Product Quality Assurance in Live E-commerce". He believes that on the issue of the definition of the subject of product quality responsibility, who is the direct seller of the product or service, and who is responsible for the quality audit of the corresponding commodity or service, this should become the basic principle for determining the subject of quality responsibility. If the live broadcaster and the product seller are different entities, the situation is relatively complicated, and it is best to make a clear agreement on this in the contract. In addition, it is not possible to mechanically separate the sales-oriented live broadcast from the shopping guide-oriented live broadcast. If a business owner hires an anchor to promote and introduce its own products or services, the content introduced by the anchor will be clear and specific, which will have a direct impact on the parties' conclusion of the contract. The anchor's words, guarantees, etc., although not reflected in the subsequent terms of the sales contract, should also be regarded as the content of the sales contract.
Su Haopeng, Professor of the Law School of the University of International Business and Economics, Director of the Consumer Protection Law Research Center
Su Haopeng, professor of the Law School of the University of International Business and Economics and director of the Consumer Protection Law Research Center, delivered a speech entitled "The Anchor's Obligation to Protect Consumers in the Online Live Broadcasting Format". He believes that from the perspective of civil liability, it is a matter of concern that the individual anchors are regarded as defendants and are required to directly bear compensation liability to consumers. Whether this method of accountability is legitimate and whether it can be supported is worth exploring. Under the current legal framework, whether it is to pursue the civil liability of the anchor or to pursue its administrative liability on the grounds of harming the rights and interests of consumers, there is a problem of insufficient legal supply. In view of the shortcomings of the current law, it is very necessary to improve it in order to better regulate the new e-commerce format of online live broadcast marketing.
Hou Jun, President of the Case Filing Division, Beijing Third Intermediate People's Court
Hou Jun, Chief Judge of the Case Filing Division of the Beijing Third Intermediate People's Court , delivered a speech entitled "Legal Status and Responsibilities of Delivery Hosts from a Judicial Perspective". He believes that whether the anchor belongs to the seller, what kind of responsibility should be assumed, and the nature of the behavior in different scenarios should be analyzed in detail. One is the brand self-broadcasting type. It's just that the way operators display and sell goods has changed, and there is no essential difference between the responsibility and ordinary operators, and the operators on the platform directly bear the responsibility of the seller. The other is the case of the live broadcast room on behalf of the broadcaster. If the live broadcast room operator cannot prove that it has been marked as not the seller and the actual seller in a way sufficient for consumers to identify, consumers have the right to claim that the live broadcast room operator is responsible for the sale of goods. responsibility. In addition, if the live broadcast content constitutes a commercial advertisement, the operator of the live broadcast room shall bear the advertising responsibility and obligation.
Yan Jing, Director of Government Affairs of Beijing Kuaishou Technology Co., Ltd.
Yan Jing, director of government affairs of Beijing Kuaishou Technology Co., Ltd., made a speech entitled "Legal Attributes and Responsibilities of Operating Subjects in Online Live Marketing Activities". She believes that the core of the difference between operators of live broadcast rooms and operators on the platform lies in the fact that the two parties participate in different links in the entire process of product sales. For live broadcast studio operators, the focus of work is the pre-sales stage, and the core is to create content, select products, arrange products, and recommend products to the right people at the right time. The value of live broadcasting marketing is to improve the commercial efficiency of transaction conversion. Therefore, the identification of the operator of the live broadcast room should also be the role of "shopping guide". For operators on the platform referred to by the E-commerce Law, pre-sales only account for a part, and more importantly, delivery and after-sales, which is the core difference from live broadcast operators. Of course, when the identities of the live broadcast studio operator and the operator on the platform overlap, they should bear the responsibility of the operator on the platform.
Yao Zhen, Director of Government Relations, Xinxuan Group
Yao Zhen, Director of Government Relations of Xinxuan Group, gave a speech entitled "Responsibilities of Live Broadcasting E-commerce Enterprises in Live Broadcasting Marketing Activities". He believes that there are three necessary reasons for leading live broadcast e-commerce companies to establish their own customer service: first, the live broadcast room serves as a bridge between consumers and brands, and orders are placed through the trust relationship with the live broadcast room anchor or brand foundation. In the industry, customer service is the necessary support to maintain the trust relationship with users. Second, for small and medium-sized brands and even some high-quality and cost-effective high-quality agricultural and sideline products, the customer complaint handling capacity is not enough to support large-scale sales, so live broadcast e-commerce companies need to promote or assist. Brands deal with customer complaints; third, live broadcast e-commerce companies need to seriously examine the complex environment they are in. With more and more product categories and longer live broadcast durations, users’ requirements for services will increase exponentially. Self-built customer service is a necessary measure for live broadcast e-commerce companies to meet user needs.
Sun Ying, Professor of the School of Civil, Commercial and Economic Law of China University of Political Science and Law, Deputy Director of the Institute of Economic Law
In the keynote speech of the second unit, Sun Ying, professor of the School of Civil, Commercial and Economic Law of China University of Political Science and Law and deputy director of the Institute of Economic Law, made a speech entitled "Types, problems and countermeasures of consumer rights protection for content services in live broadcast rooms" . She believes that the paid transactions of the content services provided by the live broadcast room can be divided into two categories, one is direct transaction, and the content service of the live broadcast room, whether it is talent performance or knowledge sharing or the display, sharing and provision of other content, mainly through playing The way of giving gifts, sympathy for performances, for teaching, for personal life and even very poor conditions, it's a direct deal, by giving you money. The second type is indirect transaction, which is the conversion income of live broadcast content. This indirect transaction may be selling goods, selling courses, etc. Generally speaking, if an anchor provides a certain performance or content service for a long time, it is an operator; if he provides content services in the live broadcast room for a long time, and gets paid by getting rewards and layers, he is actually an operator.
Chen Xuhui, Director of Internet Information and User Behavior Research Center, Business School of Tianjin University of Finance and Economics, and Data Director of Beijing Sunshine Consumer Big Data Research Institute
Chen Xuhui, director of the Internet Information and User Behavior Research Center of the Business School of Tianjin University of Finance and Economics, and data director of the Beijing Sunshine Consumer Big Data Research Institute, delivered a speech entitled "Problems and Cause Analysis of Popular Science Live Streaming Marketing Behavior". He believes that popular science live broadcast marketing can be roughly divided into two categories, one is to attract traffic through knowledge sharing, and then live broadcast to bring goods, and the marketing object is goods or services; the other is to directly trade knowledge as a commodity, and the marketing object is Knowledge. In the two types of popular science live broadcast marketing, there are common problems such as quality problems of anchors, false propaganda of exaggerated products, and difficulty in guaranteeing after-sales service. It is recommended to build a full-process management and control model of "before, during and after the event" from various aspects of technology and process, and form the anchor's qualification label through the whole-process monitoring data, which is convenient for consumers to identify, and also forms a binding force on the anchor, thereby restricting the anchor's behavior. , to avoid related problems.
Lu Yun, director of the Consumer Rights and Interests Legal Professional Committee of the Beijing Lawyers Association, and lawyer of Beijing Yihe Zhonghong Law Firm
Lu Yun, director of the Consumer Rights Legal Professional Committee of the Beijing Lawyers Association and lawyer of Beijing Yihe Zhonghong Law Firm, delivered a speech entitled "Analysis of the Problems of "Network Planting Grass" and Related Legal Issues. She believes that online grass planting has several characteristics: First, it is more spreadable. Live broadcasts are often based on some consumer relationships generated by watching live broadcasts, while online grass planting is written in writing, which is more disseminated and more lasting. The second is more concealment. Planting grass is generally presented through soft articles or tweets. Many consumers look at it with the mentality of following other people’s footprints or learning from other people’s experience. Which one is recommended by others is good, and other consumers follow it. Its transmission is concealed. stronger. Unlike the live broadcast room, it is obviously for sales. The third is higher reliability. Since it is presented in the form of articles, there are personal feelings, relevant recommendations, and many ALICE sharing. From the perspective of consumers or the public, it seems that what they see is not an advertisement, but a recommendation. Consumers are less recognizable.
Liu Xiaochun, Executive Director of the Internet Rule of Law Research Center, University of Chinese Academy of Social Sciences
Liu Xiaochun, executive director of the Internet Law Research Center of the University of Chinese Academy of Social Sciences, delivered a speech entitled "Analysis of the Current Situation, Problems and Related Legal Issues of the "Anchor Visiting Store" Model. She believes that the current chaos and problems presented by "anchor shop visits". One is the disclosure of interest relationships, which is usually the question of whether to mark advertisements, or whether to indicate that it is actually entrusted or has other cooperative interests; the other is the authenticity of the information itself, if the information is not true, there will be false propaganda and misleading, subject to the "Advertising Law", "Anti-Unfair Competition Law", "Consumer Rights Protection Law"; the third is to evaluate the level of opinion, more is to give some reference for consumer decision-making, explore There should be free space for the subjective evaluation formed by the store, and it does not necessarily have to be particularly correct, but to make an evaluation as an expert, its professionalism needs to be verified and proved.
Li Song, captain of the eight detachments of the Beijing Municipal Comprehensive Law Enforcement Team
In the special speech of the third unit, Li Song, the captain of the eight detachments of the Beijing Municipal Comprehensive Law Enforcement Corps , made a speech entitled "The Key Points and Compliance Paths of the Live Marketing Format". He believes that in response to the problems existing in the live broadcast marketing format, based on the consideration of highlighting the key points, addressing both the symptoms and the root causes, and co-governance, the first is to speed up the establishment of rules and regulations. The live broadcast marketing format is included in the regulation scope of the e-commerce law. The live broadcast platform should fulfill the obligations and responsibilities of the e-commerce platform, and the live broadcasters and MCN institutions should fulfill the obligations and responsibilities of the operators on the platform. The second is to increase control. On the one hand, the live broadcast platform should take the initiative to implement the main responsibility and strengthen the daily monitoring of the marketing behavior of the anchors with goods; It is necessary to organize and carry out special rectification, and concentrate on investigating and handling typical cases. The third is to strengthen government-enterprise cooperation. Actively promote government departments to sign regulatory law enforcement cooperation agreements with live broadcast platforms.
Tang Jiansheng, Deputy Secretary General of Shanghai Consumer Rights Protection Committee
Tang Jiansheng, Deputy Secretary-General of Shanghai Consumer Rights Protection Committee, gave a speech entitled "Some Views on the Business Model of Live Streaming and Delivery". He believes that there are three risks that need to be paid attention to: First, the unequal rights and responsibilities caused by the deviation of the legal positioning of live streaming. We have never believed that there are more fake and shoddy goods in live streaming, but from the actual complaint data , does not tell us this result, but thinks that the probability of such a problem is lower. The main problem is very simple, that is, there is no way to define its legal position well. The second point is that we are very reluctant to see that after one or two years of rapid development of live broadcast delivery, leading anchors have begun to use traffic to coerce low prices, which is a major damage to the real economy. We have seen from many events last year that live broadcasts are competing with brands for pricing power. Although it can be seen that on the surface this is a dispute between the MCN agency and the brand side, in fact, everyone can see that it is very harmful to competition. The third point is that live broadcast technology leads to unlimited expansion. This is also the biggest concern in the field of live broadcast delivery. Its excessive concentration can easily lead to inefficiency of competition, and it is very easy to cause market failure.
Wei Xing, Director of Consumer Market Supervision Department of Shenzhen Consumer Council
Wei Xing, director of the Consumer Market Supervision Department of the Shenzhen Consumer Council, delivered a speech titled "How Consumers Associations Can Play a Better Role in the Standardized Development of Online Live Streaming". He believes that consumer rights protection organizations should better play a unique role in consumer rights protection, consumption supervision, consumption guidance and consumption promotion. Consumer rights protection organizations are different from ordinary associations and social organizations, and are also different from regulatory authorities. Consumer advocacy groups have a more unique position and position. For example, in addition to routine complaint handling, there are many means to resolve consumer disputes, such as daily complaint handling, publicity of complaint information, consumer evaluation index and support for consumer prosecution; through social, regulatory and other multi-party governance channels, more comprehensive Perform supervisory functions; it can also work with relevant regulatory authorities and industry associations to issue guiding rules to guide the platform and introduce relevant internal governance norms to strengthen industry self-discipline.
Tao Yue, Senior Expert of Alibaba Live Streaming Industry Governance
Regarding the responsibility for the protection of consumer rights and interests in the live broadcast format, Tao Yue, a senior expert in Alibaba's live broadcast industry governance , believes that in the live broadcast e-commerce scenario, the first responsible person for consumer protection should be the actual seller of the product, that is, the merchant. According to the law, consumers should be provided with after-sales service guarantees such as seven-day no reason and three guarantees. As the promoter of the product, the anchor should fulfill the responsibility of checking the promoted product and be responsible for the description of the promotion process. In terms of platforms, whether it is a traditional e-commerce platform, a content publishing platform or a social platform, as long as the tools and service capabilities of live broadcast marketing are provided, they should provide consumers with after-sales service capabilities, including providing convenient after-sales initiation portals and processes, and formulating after-sales services. Guarantee rules, keep relevant certificates such as transaction records and live broadcast records for three years, provide online dispute resolution mechanism when users cannot resolve through negotiation, and provide supervisory units with responsibilities such as real person information of promoters and sellers.
Lu Xiyu, Deputy Secretary General of Beijing Haidian District Consumers Association
Regarding how to play a better role in the standardized development of webcasting, Lu Xiyu, deputy secretary-general of the Haidian District Consumers Association in Beijing, believes that as a consumer association that protects consumers' rights and interests, it needs to "seek things" and "seek momentum". The conspiracy in "conspiracy" is mainly about how to better perform duties and how to tap the "outpost" role of complaints. Accepting consumer complaints, investigating and mediating the complaints are the basic responsibilities entrusted to the Consumers Association by the Consumer Law; and consumer complaints are the most direct "window" to reflect the operator's problems. The "outpost" can only "regulate" the whole body by treating the problem of the pulse operator. The anchor point of "seeking the situation" is to seek external forces, strengthen departmental cooperation and cooperation, and promote diversified solutions to consumer disputes; with the help of "external brains", seek strategies for consumption environment governance; link community governance to get through the "last mile" of consumer warnings In addition to publishing consumption reminders and warnings on public accounts, newspapers, television and other media, the consumption reminders and warnings are passed through the community residents' WeChat group to reach consumers in a more timely manner, in order to achieve "do it before filing a lawsuit" and reduce consumption from the source. Occurrence of complaints.
Chen Fengxiang, Deputy Secretary General of Beijing Consumers Association
Finally, Chen Fengxiang, deputy secretary general of Beijing Consumers Association, made a summary of the forum. He said that the agenda of this forum was successfully completed and the expected results were achieved. First of all, the participants gathered leaders and experts from all walks of life, and brought together everyone's wisdom and knowledge, which benefited us a lot. After the meeting, we will further study, absorb and research. The second is the position of the Consumers Association. In response to new business formats and new business models, we must not only safeguard the rights of consumers granted by existing laws, but also continue to strive for more rights for consumers. In addition, the theory and practice must be combined. In the future work, the ideological spirit and specific standards must be implemented into specific social practice and consumer rights protection work, so as to effectively improve the social supervision efficiency of consumer associations, and improve the credibility of consumer associations and organizations. Influence, truly establish the people-centered, consumer-oriented concept, and effectively improve the capital's consumption environment and consumer satisfaction.
Chen Yinjiang, Deputy Secretary-General of the Consumer Rights Protection Law Research Association of the China Law Society and Executive Director of the Beijing Sunshine Consumer Big Data Research Institute
The forum was chaired by Chen Yinjiang, Deputy Secretary General of China Law Society Consumer Rights Protection Law Research Association and Executive Director of Beijing Sunshine Consumer Big Data Research Institute . State Administration for Market Regulation, China Consumers Association, Beijing Third Intermediate Court, Beijing Municipal Bureau of Market Supervision, Peking University, China University of Political Science and Law, University of Chinese Academy of Social Sciences, University of International Business and Economics, Beijing Technology and Business University, Tianjin University of Finance and Economics, Beijing Lawyers Association, Shanghai Consumer Protection Committee, Shenzhen Consumer Council, Haidian District Consumers Association and some media, business leaders, experts, scholars and relevant professionals participated in the seminar.