Law

Strike hard against 'selling misery and selling goods'

2024-11-05   

In 2021, anchor Jiao fabricated a tragic story about a little girl named Lingling who was under house arrest by her stepmother and urgently needed surgery, and sold jade under the guise of raising medical expenses, deceiving many netizens into sympathizing. After paying over 10000 yuan to purchase jade, Ms. Xie discovered that the so-called tragic story was fabricated and filed a lawsuit. Recently, the People's Court of Nancheng County, Fuzhou City, Jiangxi Province, ruled that Jiao had committed consumer fraud and ordered him to "refund one and compensate three". It is reported that Jiao has also been sued by consumers in Nanjing, Jiangsu and other places. In March 2023, the People's Court of Gulou District, Nanjing City, Jiangsu Province, held in the trial of the case of Ms. Wan v. Jiao that the anchor involved, as the seller, fabricated facts to induce shopping, constituting fraud against consumers, and should refund the purchase price and compensate three times according to the provisions of the Consumer Rights Protection Law of the People's Republic of China. Jiao is not the only anchor who sells tragic products. In April of this year, a blogger named "Little Effort Life" filmed a short video on a certain platform, telling his tragic life story. In the video, she has a sad expression, with her foster mother who is suffering from mental illness standing behind her. She calls herself "your girl" and refers to netizens as "uncle and aunt" and "grandfather and grandmother". In July of this year, the police in Shenbei New District, Shenyang City, Liaoning Province, noticed a "small" video and live streaming activity. According to the investigation, "Xiaoxiao" has been operating video accounts since April and earned over 50000 yuan in profits from live streaming sales from July to August. In a live broadcast, "Xiaoxiao" claimed that someone deliberately caused trouble that led to her mother's accident. The investigation by the police in Shenbei New District found that this incident was purely fictional. "Xiao Xiao"'s real name is Xiao, and she also fabricated two other incidents. According to the Law of the People's Republic of China on Public Security Administration Punishments, anyone who spreads rumors, falsely reports on dangerous situations, epidemics, police situations, or intentionally disrupts public order by other means shall be detained for not less than five days but not more than ten days and may be fined not more than 500 yuan; For minor offenses, detention for up to five days or a fine of up to five hundred yuan shall be imposed. For this reason, the police imposed an administrative detention of ten days and a fine of 500 yuan on Xiao and his parents and aunt who participated in the live broadcast. According to the Consumer Rights and Interests Protection Law of the People's Republic of China, if a business operator engages in fraudulent behavior in providing goods or services, it shall increase the compensation for the losses suffered by the consumer at their request, and the amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the fee for receiving the services; If the increase in compensation amount is less than 500 yuan, it shall be 500 yuan. If the law provides otherwise, follow its provisions. A judge from Xicheng District People's Court in Beijing reminds that false advertising may constitute consumer fraud. If it is found that the online shopping product does not match the promotion, it is necessary to promptly save evidence such as screenshots of the merchant's promotional page and communication records with the merchant, and communicate with the merchant to request returns or refunds. If the merchant refuses, they can report the situation to the platform or seek legal assistance. In August, the Cyberspace Administration of China issued a notice to launch a one month special campaign nationwide to rectify false and vulgar phenomena in the field of online live streaming. Focus on rectifying the fabrication of false scene personas and bottomless marketing. Fabricating false scenarios such as "poverty alleviation", "agricultural assistance", "illness", etc., and inducing netizens to purchase low-quality fake goods through "pretending to be poor" and "selling misery". Utilize images of minors, disabled individuals, and elderly people living alone to attract fans and attract traffic. Fabricating fake social hot topics through staged filming is a waste of public resources. Liu Junhai, a professor at the Law School of Renmin University of China, believes that the platform should strengthen the supervision of commodity quality and price, and improve the consumer evaluation mechanism. If the platform fails to fulfill its obligation to review the qualifications of operators, or fails to fulfill its obligation to ensure the safety of consumers, resulting in damage to consumer rights and interests, it shall bear corresponding responsibilities in accordance with the law. With the arrival of Singles' Day, relevant regulatory authorities have made protecting consumer rights a top priority. The State Administration for Market Regulation recently issued a "Double 11" Network Centralized Promotion Compliance Reminder to major e-commerce platforms, requiring strict regulation of live streaming marketing behavior. Establish and improve the management standards for live streaming marketing behavior, strengthen the audit and monitoring of live streamers and their business activities on the platform, focus on controlling the quality of live streaming products, strengthen the audit and control of live streaming product selection, live streaming selling points and other links, and promptly deal with illegal and irregular behaviors that occur in live streaming marketing. Recently, the Beijing Municipal Administration for Market Regulation, Tianjin Municipal Administration for Market Regulation, and Hebei Provincial Administration for Market Regulation jointly issued a "Double 11" consumption reminder, reminding consumers to be vigilant when shopping in live streaming rooms, to be wary of exaggerated advertising, inflated original prices, low-priced famous brands and other products, and to choose legitimate products with quality assurance. Properly keep chat records, order information, payment information, promotional discount screenshots, and other relevant vouchers, so that in case of consumer disputes, timely negotiation with merchants and platforms or complaints can be made through the 12315 consumer complaint hotline. The market regulatory departments of the three regions simultaneously remind platform operators to strengthen identity and information management, preserve the identity information of operators within the platform, fulfill their responsibilities for disclosing subject information, formulate and publicize platform service agreements and trading rules, publicize information on the disposal of illegal and irregular behaviors, and distinguish between self operated and non self operated businesses. (New Society)

Edit:Rina Responsible editor:Lily

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