电商直播带货虚假宣传行为的治理机制研究

Research on the Governance Mechanism of False Publicity of E-Commerce Live Streaming

摘要: 网络直播带货作为数字经济的重要业态，近年来实现爆发式增长。然而，行业繁荣背后，虚假宣传乱象频发，已成为制约平台生态健康发展与消费者权益保障的痛点之一。该领域虚假宣传主要表现为产品功能质量虚假陈述、直播流量数据虚构与误导、主播商品体验及自身立场虚假宣传三类典型形态，干扰了消费者的理性决策与交易满意度。通过剖析实践现状，揭示出当前解决虚假宣传行为面临的三重困境：主体责任界定模糊、消费损失量化标准缺失，以及平台与消费者之间存在严重的信息不对称，进一步加剧了消费者的举证障碍。针对上述挑战，提出一套系统的治理机制，包括构建基于“实质影响力”的问责体系、引入“客观价值差额法”与“主观信赖损失法”相结合的计算方式、实施偏向消费者的举证安排，以及构建分层注意义务体系，并激活平台治理功能，从而建立契合直播电商生态特征的治理体系，为直播电商的高质量发展提供管理启示。

Abstract: As an important form of the digital economy, live-streaming e-commerce has witnessed explosive growth in recent years. However, behind the industry’s prosperity, false advertising and chaos occur frequently, which has become one of the pain points restricting the healthy development of the platform ecosystem and the protection of consumers’ rights and interests. False advertising in this field is mainly manifested as false statements about product functions and quality, as well as the fabrication and misleading of live-streaming traffic data. Three typical forms of false advertising based on the product experience of live-streamers and their own positions have interfered with consumers’ rational decision-making and transaction satisfaction. By analyzing the current practical situation, it reveals the three major predicaments currently faced in solving false advertising behaviors: the ambiguity of the main responsibility definition; the lack of quantitative standards for consumer losses and the severe information asymmetry between platforms and consumers further exacerbate the burden of proof for consumers. To address these challenges, a systematic governance mechanism is proposed, including the establishment of an accountability system based on substantive influence and the introduction of a calculation method that combines the objective value difference method with the subjective trust loss method Implement a consumer-oriented proof system, build a hierarchical duty of care system, and activate the platform governance function, thereby establishing a governance system that fits the characteristics of the live-streaming e-commerce ecosystem and providing management inspiration for the high-quality development of live-streaming e-commerce.