Recently, Vivia, the "First Sister" of live streaming, bluntly stated on a variety show, "The fate of stars is to bring them, I just want to skip the step of becoming a star." Netizens have expressed themselves in succession: How dare you say it! Regardless of whether Weiya's remark is a joke or her sincere words, it is undeniable that celebrity videos, especially live streaming videos, have become increasingly popular in the past two years.

The initial positioning of live streaming is entertainment. Broadcasters usually have certain talents, such as singing, dancing, rap, e-commerce, and so on. They also have high facial value and can interact well with online tourists. The live broadcast platform and the anchor show their respective abilities to attract attention and develop fans, mainly relying on their "rewards and gifts" to make money. With the rapid growth of the live streaming industry, the traffic generated by live streaming is also increasing. E-commerce platforms and physical businesses have tried the live streaming marketing model, which is affectionately referred to as "live streaming with goods". In recent years, live streaming has shown explosive growth and has grown into a trillion-level market, attracting many anchors, online celebrities, and even film and television industry stars to enter the live streaming industry. However, problems have also arisen. Some celebrities who bring goods with them have overturned cars on the live broadcast, reported data fraud, filed lawsuits, or complained about by consumers. Some people wonder whether the live broadcast goods are advertisements or sales? What responsibilities do anchors (including stars) assume during the delivery process?

To be honest, because live streaming goods have only emerged in the past two years, there is currently no specific law applicable to live streaming goods in China, and there are various disputes in the industry regarding the legal nature of live streaming goods.

Some people believe that live streaming with goods belongs to online sales behavior. When introducing a product live, the anchor will provide a detailed description of the product's name, purpose, specifications, production location, expiration date, main ingredients, main functions, and so on. He will also open the product for trial on the spot, especially for counter sales personnel in real life. In fact, in the merchant self broadcast mode, merchants hire shopkeepers or clerks, or even invite senior executives to introduce products and bring them live for the enterprise. The behavior of the anchor is a professional behavior, and the merchant assumes the responsibility of the seller for the products it sells, while the anchor does not assume any legal liability to outsiders.

Some stars introduce products and sell them in the live broadcast room, often appearing as consumers, striving for price concessions for consumers. The role of traditional advertising as a brand promotion has greatly weakened. There are also some stars who participate in the live broadcast interaction in the live broadcast room, mostly to activate the atmosphere, mainly to improve their exposure.

Some people believe that live streaming with goods belongs to advertising activities and should be managed by the advertising law. Article 2 of the Advertising Law of the People's Republic of China stipulates: "The term advertising spokesperson as used in this Law refers to a natural person, legal person, or other organization other than an advertiser who recommends or certifies goods or services in their own name or image in advertisements." For independent anchors or stars who form their own brands, recommending goods in their own name or image while broadcasting and bringing goods, it shall be deemed to include advertising activities, The multiple roles of advertising spokesperson and seller require that the advertising and promotion activities of the carrier must comply with relevant laws and regulations such as the Advertising Law, and bear the corresponding legal responsibilities of the advertising spokesperson. The author has sorted out the legal responsibilities that advertising spokespersons should bear, mainly including the following aspects:

1. The second paragraph of Article 56 of the Advertising Law stipulates: "If false advertisements for goods or services that affect the lives and health of consumers cause damage to consumers, their advertising agents, advertising publishers, and advertising spokespersons shall bear joint and several liability with the advertisers."

2. Article 56 (3) of the Advertising Law stipulates: "If false advertisements for goods or services other than those specified in the preceding paragraph cause harm to consumers, their advertising agents, advertisement publishers, or advertising spokespersons who knowingly or should have known that the advertisements are false and still design, produce, act as agents, publish, or recommend or certify them shall bear joint and several liabilities with the advertisers."

3. Article 140 (3) of the Food Safety Law stipulates that "social organizations or other organizations or individuals who recommend food to consumers in false advertisements, causing damage to the legitimate rights and interests of consumers, shall bear joint and several liabilities with food producers and operators.".

4. Article 1165 of the Civil Code stipulates: "If the perpetrator infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the liability for infringement."

5. "The Advertising Law stipulates that advertising spokespersons must not engage in the following acts, otherwise the market supervision and administration department will confiscate the illegal income and impose a fine of between one and two times the illegal income:"

(1) No recommendation or certification shall be made in advertisements for medical treatment, drugs, or medical devices.

(2) No recommendation or certification shall be made in health food advertisements.

(3) Do not recommend or certify goods or services that have not been used or accepted

(4) Shall not knowingly or knowingly recommend or prove goods or services in advertisements that are false

There is also a category of independent anchors that have a complete management team and are independent business entities. They have set up their own online stores and designed their own product lines. These independent anchors have less dependence on brand merchants and have stronger legal entity independence. At this time, the anchor, as a seller, should take full responsibility for the quality of the goods he sells. If there are activities in live streaming that meet commercial advertising requirements, the relevant provisions of the Advertising Law and the Interim Measures for the Administration of Internet Advertising shall apply; If there is false propaganda or defamation of competitors, the relevant provisions of the Anti Unfair Competition Law can be applied; After sales issues such as non return and exchange of goods encountered in the live broadcast room can be regulated by the Consumer Rights Protection Law.

Therefore, the author believes that whether live streaming goods are advertisements or sales needs to be differentiated and determined based on the specific situation of the live streaming at that time. Regardless of the situation, we expect anchors to standardize live streaming and bring goods legally; We also expect consumers to consume rationally and use legal weapons to safeguard their rights and interests.

(This article is translated by software translator for reference only.)