网络直播营销中虚假宣传的法律规制完善研究

Research on the Improvement of Legal Regulation of False Promotion in Online Live-Streaming Marketing

摘要: 随着数字经济蓬勃发展，网络直播营销成为新兴购物方式，为经济增长注入活力，但虚假宣传问题随之凸显。本文通过剖析直播营销虚假宣传现状，指出其主要表现为产品属性虚构、主播身份欺骗、流量数据造假及价格体系操控四类形式，严重侵害消费者权益、破坏市场秩序。深入探究发现，其规制困境源于现行法律性质认定模糊、规范体系不完善，主体责任分配不明晰，以及监管机制存在职能交叉、时效滞后等问题。对此，文章针对性提出完善路径：明确直播营销法律属性，优化《广告法》《反不正当竞争法》协同适用；依据自营式、助营式等直播模式，细化商家、主播、平台等主体责任；构建跨部门协调机制，融合区块链、大数据技术提升监管效能，旨在构建全面、高效的治理体系，推动直播营销行业健康可持续发展。

Abstract: With the vigorous development of the digital economy and the catalysis of the pandemic, live-streaming marketing has emerged as a new shopping method, injecting vitality into economic growth. However, the problem of false promotion has become prominent. This article analyzes the current situation of false promotion in live-streaming marketing and points out that it mainly manifests in four forms: fictional product attributes, deceptive host identities, fabricated traffic data, and manipulated price systems, which seriously infringe upon consumers’ rights and disrupt market order. In-depth exploration reveals that the regulatory predicament stems from the ambiguity in the nature of the current laws, the imperfection of the regulatory system, the unclear allocation of primary responsibilities, and the problems of overlapping functions and lagging timeliness in the regulatory mechanism. In response, the article proposes targeted improvement paths: clarifying the legal nature of live-streaming marketing, optimizing the coordinated application of the “Advertising Law” and the “Anti-Unfair Competition Law”; detailing the primary responsibilities of merchants, hosts, and platforms based on different live-streaming models such as self-operated and assisted operation; and establishing a cross-departmental coordination mechanism, integrating blockchain and big data technologies to enhance regulatory efficiency. The aim is to build a comprehensive and efficient governance system to promote the healthy and sustainable development of the live-streaming marketing industry.