Rectify the e -commerce "bragging"!Violations and regulations are not good for others

China Well -off Network Exclusive Specialty

Text | "Well -off" · China Well -off reporter Guo Yan

The illegal publicity on the e -commerce platform not only infringed the legitimate rights and interests of consumers, but also caused criminals to use "business advertising words illegal" to extort such cases.

Photo Source/HELLORF

"The only one in the entire network", "the lowest price in history", "sales champion", "industry leader" ... to open the product page and live broadcast room of the Internet platform, such publicity is not uncommon. Some consumers are attracted by similar advertisements. After buying goods or services, they find that their names are not realistic, which affects the experience and faces the problem of rights protection.

The "Advertising Law of the People's Republic of China" clearly stipulates that "national", "the highest level", and "best" must be used in advertising. However, many businesses on the Internet still use such "extreme words" to exaggerate publicity, which not only seriously infringes the legitimate rights and interests of consumers, but also leads to extortion of criminals to use "business advertising words illegal" and urgently need to strengthen supervision and governance.

In this regard, relevant experts point out that e -commerce platforms should implement their own responsibilities, optimize the regulatory system, improve the level of dynamic supervision technology, and exclude advertisements with false publicity and exaggeration of publicity content from the source. At the same time, market supervision departments should also strive to innovate law enforcement methods, improve regulatory efficiency, and create a fair and orderly market environment.

Live e -commerce: false propaganda severely disaster -stricken areas

The 49th "China Internet Development Statistics Statistics Report" released by the China Internet Information Center shows that as of December 2021, the number of live broadcast e -commerce users in China was 464 million, accounting for 44.9%of the overall netizens. While watching the live broadcast, "chopping hands" has become a new way of online shopping for many people. The report issued by the industry research institution Ai Media Consultation shows that in 2021, the market size of the Chinese brand e -commerce service provider industry reached 295.09 billion yuan, and it is expected to exceed 360 billion yuan in 2022.

Communist industry experts said that through the establishment of a collaborative management system, it can promote the formation of the social co -governance environment of regulatory departments, industry organizations, live broadcast platforms, employees, and other social subjects. Photo Source/HELLORF

While the market size continues to grow, the live e -commerce industry has also become the hardest hit area for false advertising. The problem of false advertising in the live e -commerce company includes knowing fake and fake sales, fake flow, and false publicity. Price. According to the latest data from the Beijing Consumer Association, in 2021, the Beijing Consumer Association 96315 hotline accepted a total of 226 consumers of live broadcasts, an increase of 98.43%over 2020. According to the official website of the China Consumer Association, in the past year, in the field of live e -commerce, the main problems of consumer complaints include incompetence of commodity goods, with false charges and charging; false propaganda; after -sales service difficulty guarantee.

At present, the live broadcast format covers almost all industries including beauty, clothing, food, home, digital home appliances, cars, etc. Among the anchor groups, one is the brand and merchant's own live broadcast room, and the other is professional anchor to bring goods. Professional anchors come from different industries. They use professional knowledge to choose and recommend products for consumers. As a result, authoritative voices in the consumer field are formed, affecting consumers.

Although the live broadcast is full of goods, exaggerated publicity, data water injection and other issues have always existed. "The live broadcast says that all durians are familiar. Just right, I can eat it when I get it. I did not expect to open it after getting it. Essence

Not long ago, the fast -handed e -commerce company announced the first issue of "Commodity Itself involves False Propaganda" illegal publicity.

Quick -handed e -commerce said that in order to maintain the order of the platform and ensure the legal interests of users, the fast -handed e -commerce platform is based on the "Release of Illegal Information] Implementation Rules (Merchants)" and "[Release of Prohibited Information] Implementation Rules (Marketing)". Merchant/cargo expert illegal sales platform forbidden to sell products- "Commodity information itself involves the efficacy of false publicity products" for strict disposal, and publicized it, strictly standardize the sales behavior of e -commerce, and tolerate illegal acts.

From April 1st to April 7th, the platform disposes 296 merchants/cargo people with particularly serious illegal circumstances. A large number of illegal accounts were deducted by 100 points, 200,000 yuan in liquidated damages, permanent banned fast -handed accounts, all the products of permanently removed, and banned new products from being launched.

At the same time, platforms such as Taobao, JD.com, Douyin, and Xiaohongshu have also issued relevant regulations to resolutely prevent the false publicity behavior of e -commerce.

Illegal "Extreme Word" is waiting for "removing fire"

Reporters of "Well -off" magazine and China Well -offs have noticed that many e -commerce platforms have started to rectify. Taobao Live introduced the "artificial intelligence" identification technology and quality division functions, and combined with the original goods and merchant governance system to protect consumers' legitimate rights and interests; Mushroom Street has a professional anti -cheating team to crack down on improper competition.

The "Advertising Law of the People's Republic of China" explicitly stipulates that advertisements shall not use "national", "the highest level", and "best". For illegal use of "extreme words" advertisements "bragging", the market supervision and management department can order the advertisement to stop the advertisement, and fined the advertiser's 200,000 yuan to less than 1 million yuan. The advertising review authority revokes the advertising review approval document, and does not accept its advertising review application within one year; for advertising operators and advertising publishers, the market supervision and management department confiscates the advertising costs and impose a fine of 200,000 yuan or less. The circumstances are serious. It can revoke a business license. However, the reporter's investigation found that there are still many situations that use "extreme words" advertisements on some Internet platforms. Some merchants use "extreme words" by pinyin, homophonic, and leisure characters. The reporter found that the "most" homophonic and pinyin of the disabled words, such as "low -priced", "蕞 D price" and "zui low price" were widely used.

It is worth noting that this issue not only seriously infringes the legitimate rights and interests of consumers, but also leads to frequent cases such as "merchant advertising words illegal".

Earlier, Shandong Police reported that Hongmou, a villager in Xiliang Village, Sang Village, Shanping District, Zaozhuang City, Shandong Province, Hong Moumou, a villager in Xiluo Shan Village, Xilushan Village, Zaozhuang City. It turned out that his online store was reported to be suspected of false propaganda, and the other party claimed that he could revoke the "incident" as long as 4,000 yuan. According to the police handling police, Ma and others searched for advertisements including "the most", "never", "environmental protection", and "non -toxic" in multiple online stores, and then on the grounds Platform complaint report. Once the merchant contacted Ma and other people through the phone number left by the merchant, Ma and others would threaten the merchant with a huge fine on the market supervision department "if they did not solve them privately." Unwilling property. In order to avoid being punished, many merchants have to "spend money to buy peace".

"From the perspective of the cases they have mastered, most merchants are forced to accept the extortion of Ma and others, and Ma and others have withdrawn after receiving the money." Yang Feng, the captain of the Criminal Investigation Brigade of the Public Security Bureau of the Shanting District, said that Ma Mou led Ma Mou. The criminal behavior of this gang has involved more than 2,000 businesses across the country in less than a year, and the amount involved exceeded 2 million yuan.

The relevant person in charge of the Public Security Branch of the Shanting District said that the rising situation of such cases is related to the general abuse of "extreme words" in the field of e -commerce advertising.

Industry experts pointed out that with the definition of false advertising with the "Advertising Law of the People's Republic of China", the quality, price, sales status, and honor of the quality, price, sales status, and honor of the commodity or services are inconsistent with the actual situation. Those merchants who have advertised "the only", "original", "questioning", and "extremes" but cannot get valid evidence, and their advertisements are obviously inappropriate. Some businesses play small and wipe the ball, and use "extreme words" in disguise in different soda, homophonic and other methods, which are essentially suspected of illegal.

Regulating the market requires systematic governance

In fact, since the beginning of last year, relevant departments have started to launch measures on strengthening the management of Internet advertising.

In April 2021, the General Administration of Market Supervision, in conjunction with the Central Cyberspace Office and the State Administration of Taxation, held an Internet platform enterprise administrative guidance meeting, and the 34 Internet platform enterprises participated in the "Proposal of Compliance Management in accordance with the law". It is worth noting that almost all these Internet platform companies have mentioned "consciously maintaining the order of the Internet advertising market" in the promises signed, such as regulating advertising business activities in accordance with the law, improving advertising monitoring mechanisms, strengthening advertising audits in the platform, strict regulatory advertising release behavior Pay attention to advertising orientation, eliminate false publicity and vulgar content.

In October 2021, the State Administration of Market Supervision issued a number of typical cases of improper competition in the medical beauty field, and some of them involved publicity advertising publicity through Internet platform channels. In November 2021, the "Medical Beauty Advertising Law Enforcement Guide" was officially introduced, clarifying the focus of medical beauty advertising supervision, and emphasizing the responsibility of platform operators.

Relevant persons in charge of multiple Internet platforms told reporters that each platform has a zero tolerance attitude towards related products, and has also set up a series of screening, disposal specifications and methods. For example, the platform will continue to cross -recognition through manual control and technical means In the management specifications of relevant merchants or creators, add detailed explicit stipulation of "advertising disabled words" to open direct feedback channels such as reporting mailboxes and telephones for users. Deduction of credit scores, recovering live broadcast permissions, recovery of e -commerce authority, etc.

The false publicity chaos of the e -commerce platform not only seriously violates the legitimate rights and interests of consumers, but also destroys the fair market order. Relevant departments must attach great importance to and impose violations of laws and regulations that severely punish online advertisements. Liu Qiang, a member of the Standing Committee of the Academic Committee of the China Advertising Association and a professor at Ningbo School of Finance and Economics, believes that it needs to be governed from three levels.

First, strictly realize the accountability system for online violations of advertising, and clarify the responsibility of illegal online advertising subjects. The current e -commerce platforms, APP and other advertising entities have certain hiddenness. Before the online advertising approval system is implemented, whoever releases and who is responsible should be implemented. The advertisers should be responsible for joint and bring. Effective with it.

Second, build a linkage mechanism for the application, review, supervision and punishment of online advertising. The five -in -one network advertising monitoring mechanism is established by advertisers, industry associations, network platforms, government advertising supervision departments, and consumers, reaching the supervision joint efforts of different responsibilities subjects to work together to form a deterrent effect on illegal and illegal online advertising. Third, further improve the regulation of online advertising, so that the regulatory punishment network illegal advertisements can be accommodated by law and illegal advertisements. At present, the endless illegal advertising advertisements have a lot to do with the imperfection of the corresponding regulations. As a result, some advertisers are lucky and often wipe the ball. Therefore, it is necessary to start with the regulation of network advertising, block the loopholes in the management of online advertising, and create a righteous network advertising communication environment.

Professor Liu Junhai, a professor at the Law School of Renmin University of China, reminded that the platform should be particularly alert to some "crooked tricks" that avoid governance, dynamically upgrade the level of supervision of science and technology, and eliminate similar false advertisements from the source to enter the platform. At the same time, the market regulatory authorities should also actively improve the level of scientific and technological supervision, eliminate the blind zone of regulatory supervision, improve the efficiency of regulatory supervision, and cast supervision.

"Based on the concept of diversified co -governance, systematically govern through a variety of means such as legislation, justice, administration, etc., so that all parties have clear judgments on the qualitative, processing procedures and consequences of their behavior in the legal system, and finally realize the overall network. The business environment has been thoroughly improved. "Zeng Fanrong, member of the Social Legal Committee of the Beijing Municipal Party Committee and director of Beijing Tengyue Law Firm, accepted the" Xiaokang "magazine and a reporter from China Well -off. Industry organizations, live broadcast platforms, employees, and other social co -governance environments.

Zeng Fanrong pointed out that regulating online e -commerce advertising terms and rectification of "extreme words" chaos requires multiple measures. At the technical level, innovation should be strengthened to better use modern information technology for supervision. The popularity of the Internet makes it easier for products to be retrieved by consumers, and it also facilitates capture and screening of "extreme words"; allowing merchants to make advertisements and post documents at any time, which is also conducive to regulatory departments to store data and retain evidence in time and retain evidence. Essence At the level of mechanism, you may wish to unblock the channels and enrich your strength, so that the media, users, and volunteers can play more role, and then extend the regulatory tentacles. At the same time, guidance should also be strengthened to help consumers be vigilant, actively identify and expose false advertisements. In addition, effective measures to strengthen management allows illegal platforms, merchants, and spokespersons to pay a price, which is also conducive to stimulating the warning effect and promoting the industry to strengthen self -discipline.

("Well -off" · China Well -off Exclusive Draft)

This article was published in "Well -off" in early June 2022

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