直播带货中对虚假宣传的法律责任研究

Research on the Legal Liability of False Advertising in Live-Streaming E-Commerce

摘要: 近年来，我国电商经济蓬勃发展，直播带货作为新兴营销模式迅速崛起，推动了商品销售与经济增长，但虚假宣传问题也日益突出，损害消费者权益、扰乱市场秩序。网络直播平台作为直播带货的重要载体，在虚假宣传治理中责任重大。本文从电商经济背景出发，剖析直播带货中平台对虚假宣传的法律责任，旨在为规范行业发展、完善法律制度提供参考。研究指出，直播带货虚假宣传表现为流量造假、主播人设虚构、商品信息夸大等形式，当前法律规制存在主体身份责任不明、监管体制不完善等问题。基于此，提出明确各主体身份责任、构建综合监管措施等完善路径，以遏制虚假宣传乱象，推动行业健康发展。

Abstract: In recent years, China’s e-commerce economy has flourished, and live-streaming sales as a new marketing model have risen rapidly, promoting the sales of goods and economic growth. However, the problem of false advertising has become increasingly prominent, damaging consumers’ rights and interests and disrupting market order. As an important carrier of live-streaming sales, online live-streaming platforms bear significant responsibility in the governance of false advertising. This article, starting from the background of the e-commerce economy, analyzes the legal responsibilities of platforms for false advertising in live-streaming sales, aiming to provide references for regulating the industry’s development and improving the legal system. The research points out that false advertising in live-streaming sales is manifested in forms such as traffic fraud, fictionalization of the host’s image, and exaggeration of product information. Currently, there are problems such as unclear identity responsibilities of the subjects and an imperfect regulatory system in legal regulations. Based on this, it proposes improvement paths such as clarifying the identity responsibilities of each subject and building comprehensive regulatory measures to curb the chaos of false advertising and promote the healthy development of the industry.