Clearing the "infringement scars" in medical beauty live streaming rooms

2023-11-30

In recent years, medical beauty live streaming has become popular, and many medical beauty projects have been listed and group purchased in live streaming rooms. According to the Legal Daily, some medical beauty live streaming rooms are filled with various appearance anxiety rhetoric, suspected exaggerated and false advertising content, and many consumers have reported various problems after purchasing medical beauty projects in the live streaming rooms. In the market trend of live streaming sales, it seems that "everything can enter the live broadcast room", and it is natural for medical beauty projects to be listed in the live broadcast room. Some of the techniques used in medical beauty live streaming seem to be no different from other live streaming rooms, they are just routine marketing operations. However, medical beauty products or services do not have any market barriers, and there are special restrictions and higher legal bottom lines in the medical field and advertising marketing. In e-commerce platforms, some medical beauty live broadcasts have broken the legal bottom line at multiple locations, creating "infringement scars". The legal definition of medical advertising is: advertising that directly or indirectly introduces medical institutions or services through various media or forms. Obviously, promoting and promoting medical beauty projects in the live broadcast room to attract offline medical beauty marketing traffic also belongs to medical advertising. Medical advertising belongs to a special category of advertising that is strictly regulated, and is not something that anyone wants to publish, promote as they want, or promote as they want. The Measures for the Administration of Medical Advertising specify that medical institutions should apply for medical advertising review before publishing medical advertisements; Medical advertisements shall not be published without obtaining a Medical Advertising Review Certificate; The content of medical advertisements is limited to the first name, address, diagnosis and treatment subject, reception time, contact phone number, and other items of medical institutions. It shall not contain information such as "involving medical technology, diagnosis and treatment methods, disease names, drugs," "guaranteed or implied guarantee of cure," "promoting cure rates, effective rates, and other diagnostic and treatment effects.". However, in reality, some medical beauty live broadcasts have not undergone medical advertising review procedures and do not meet the legal conditions for medical advertising promotion. Therefore, medical beauty live broadcasts with medical advertising attributes without examination certificates should be prohibited and banned. Regardless of whether medical beauty live streaming has obtained a medical advertising review certificate, some hosts heavily promote "universal beauty cards" claiming to "solve all skin problems" medical beauty technologies, methods, or products, all of which trigger a "negative list" of medical advertisements. In addition, some medical beauty live streaming rooms also have problems such as selling counterfeit and inferior products, making false and exaggerated promises, and inducing consumers to "only buy expensive products, not the right ones" regardless of their own situation, which disrupts market order, hinders fair competition, and infringes on the legitimate rights and interests of consumers. Medical beauty live streaming also requires "regulatory beauty", and the "infringement scars" in medical beauty live streaming rooms should also be removed. In response to the various chaos in medical beauty live streaming rooms, regulatory authorities, industry associations, live streaming platforms, etc. should take action, form a joint responsibility force, and initiate a joint governance mechanism. Qualitative criteria for whether it belongs to medical advertising should be determined based on the content of medical beauty live streaming, and industry management rules and standards should be improved. On this basis, strict supervision will be implemented on medical beauty live streaming within the scope of medical advertising, the negative list will be refined, the legal bottom line will be clarified, and medical beauty live streaming without obtaining medical advertising review certificates will be banned and closed to ensure that the content of medical beauty live streaming is within the scope of legal restrictions.

Edit:GuoGuo    Responsible editor:FangZhiYou

Source:people.cn

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