直播带货场景下主播虚假宣传行为的民事责任认定

Identification of Civil Liability for False Advertising by Livestream Hosts in the Context of Livestream E-Commerce Marketing

摘要: 直播带货行业规模呈持续扩张态势，但虚假宣传引发的民事纠纷频发，主播作为核心参与主体，其民事责任认定问题成为司法实务与理论研究领域的重点问题。本文聚焦主播参与直播带货中虚假宣传的民事责任认定，梳理实务层面的关键争议，包括主播法律地位的界定、虚假宣传认定标准的适配、归责原则适用的分歧，以及主播与商家、MCN机构之间责任承担方式的划分难题。本文旨在厘清不同类型主播的民事责任的边界与认定逻辑，并结合“最小成本避险者”、信赖保护等法理原则及虚拟主播等前沿议题，提出具有前瞻性的监管与立法建议，以期为司法裁判提供理论参考与实践指引，化解消费者维权难题，助力直播带货行业实现合规发展。

Abstract: The scale of the livestream e-commerce marketing industry has maintained a continuous expansion trend, while civil disputes triggered by false advertising occur frequently. As the core participants, livestream hosts have made the identification of their civil liability a key issue in the fields of judicial practice and theoretical research. This paper focuses on the identification of civil liability for false advertising committed by livestream hosts in livestream e-commerce activities, and sorts out the key disputes in practice, including the definition of the legal status of livestream hosts, the adaptation of the criteria for identifying false advertising, the divergence in the application of the principle of imputation, and the difficulty in the allocation of liability among livestream hosts, merchants and MCN institutions. This paper aims to clarify the boundary and identification logic of civil liability for different types of livestream hosts, and proposes forward-looking regulatory and legislative suggestions based on legal principles such as the “least cost avoider” and reliance protection, as well as cutting-edge issues like virtual hosts, so as to provide theoretical references and practical guidelines for judicial adjudication, solve the difficulties in consumer rights protection, and promote the compliant development of the livestream e-commerce marketing industry.