Accurately qualitative and standardized rectification of the chaotic situation of live streaming sales and auctions

2025-03-05

In recent years, there have been frequent incidents of live streaming e-commerce, such as passing off inferior products as good and using fake products to confuse genuine ones. This has put forward new requirements for judicial authorities on how to crack down on false advertising during live streaming e-commerce in accordance with the law. This case is the first case of false advertising in live streaming sales handled by a Sichuan court, and has also been included in the case library of the people's court. It has a demonstrative significance for the people's court to hear similar cases and unify the conviction and sentencing standards. The key point of the trial in this case is the determination of whether the use of live streaming sales for false advertising constitutes the crime of false advertising. According to Article 222 of the Criminal Law, "Advertisers, advertising operators, and advertising publishers who violate national regulations by using advertisements to make false propaganda about goods or services, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or detention, and shall also or only be fined. The act of live streaming sales hosts directly introducing the products they promote in the live broadcast room is considered advertising behavior. Tang Mujie and others, as advertisers (organizers) and publishers (hosts), are responsible for the authenticity of the promotional content. Tang Mujie and others used methods such as fabricating product origins, filming procurement videos, and controlling fan reviews to falsely promote products under the guise of "Liangshan Agricultural Assistance", deceiving and misleading consumers, resulting in huge sales and profits. At the same time, by using the name of "assisting agriculture" to exploit consumer sympathy and damage the reputation of regional brands, the social impact is severe enough to be deemed "serious", and its behavior should be convicted and punished for the crime of false advertising. The accurate conviction, appropriate sentencing, and proper disposal of criminal property involved in this case are worthy of recognition. As a new Internet marketing model, online live broadcast with goods is used to display, consult and sell goods through the Internet platform. Due to its strong intuitiveness and interactivity, it can provide personalized and professional shopping guidance, which is deeply loved by consumers and plays a positive role in promoting rural revitalization strategies and industrial development in ethnic areas. However, some illegal elements take advantage of consumers' support for agriculture and their preference for local specialties in ethnic regions, using illegal and criminal methods such as "fake support for agriculture and real photography" to make a huge profit. The problems of false advertising, counterfeit registered trademarks, and the sale of counterfeit and inferior goods are becoming increasingly prominent, seriously infringing on the legitimate rights and interests of consumers and causing serious impact on the industry order of the e-commerce market. This case is a typical example of the people's court cracking down on the chaos of online live streaming sales, and it is also a model case of China's judicial organs using criminal justice methods to severely punish false advertising and counterfeit registered trademarks. The judgment of the people's court in accordance with the law demonstrates the determination of the judicial organs to crack down on illegal and criminal activities on the Internet. Any attempt to make huge profits through false advertising and other means will be severely punished by the law. This is not only an effective punishment for the criminal acts of Tang Moujie and others, but also a powerful warning for the current Internet false marketing, short video fraud and other chaos, warning Internet businesses to adhere to the bottom line of integrity in business, ensure the authenticity of advertising information, eliminate false propaganda, and jointly maintain the network market order of fair competition and honest operation. (New Society)

Edit:Ou Xiaoling    Responsible editor:Shu Hua

Source:Legal Dairy

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