Internet celebrities exploring stores cannot 'probe' the legal bottom line

2024-10-04

In recent years, some online social platforms have emerged with the trend of influencers exploring stores, sharing their consumption experiences in restaurants, hotels, scenic spots, and other places online. Some influencers live stream their consumption process to attract others to come and consume. Being a full-time or part-time store exploration influencer has become a career choice for some young people. According to the 2022 Tiktok Life Service Shop Exploration Data Report, in 2022, the number of Tiktok Life Service creators will exceed 12.35 million, the cumulative number of shop exploration videos released will exceed 1.1 billion, and the number of cooperative orders will increase by 965% year on year. However, at the same time, chaos such as false recommendations, data fraud, and malicious negative reviews have caused consumers and businesses to complain incessantly. The third paragraph of Article 9 of the Measures for the Administration of Internet Advertising, which will be implemented on May 1, 2023, stipulates that if goods or services are promoted through knowledge introduction, experience sharing, consumption evaluation and other forms, and purchase methods such as shopping links are attached, advertising publishers shall clearly mark "advertising". It can be seen that publishing store exploration videos is actually advertising endorsement. However, the lack of "advertising" in store exploration videos is also a secondary issue. Some store exploration videos have problems such as false recommendations, data fraud, and malicious negative reviews. According to the relevant provisions of the Consumer Rights Protection Law, hiring store exploration influencers and engaging in false "sharing experiences" online by merchants constitutes false advertising behavior, violating the principles of voluntariness, equality, fairness, and integrity. Their behavior infringes on consumers' rights to know and fair transactions. Especially, using deceptive means to promote sales is an unfair competitive behavior that harms the interests of some legitimate merchants and products, and disrupts the normal market order. Internet celebrities and influencers should not "probe" the legal bottom line when exploring stores. Exploring the store field is not illegal, and obtaining traffic also requires keeping a bottom line. Firstly, we need to further improve relevant laws and regulations, clarify the boundary between pure sharing and advertising marketing, and appropriately expand the scope of defining advertising marketing behavior. When exploring store videos involve commercial cooperation, those in the form of payment should generally be defined as advertising marketing behavior, in order to better regulate the behavior of merchants, platforms, and internet celebrities exploring stores and safeguard the legitimate rights and interests of consumers. At the same time, improving the supervision of online platforms, for false "sharing experiences" behavior, the first step is to "block" the websites of the involved platforms and merchants, and clear the virtual "positive reviews". Especially, for online platforms and merchants who illegally publish false information about store exploration, they must be included in the "blacklist" of dishonesty, publicly disclosed online, and subject to social supervision; For those who repeatedly fail to reform, economic penalties may be imposed, and in severe cases, they may be ordered to withdraw from network operations and marketing. In addition, for professional store exploration influencers who engage in "sharing experiences", if they are found to have engaged in false advertising endorsement behavior, they must be punished accordingly. (New Society)

Edit:Chen Jie    Responsible editor:Li Ling

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