网络主播直播带货中虚假宣传的法律规制

Legal Regulations on False Propaganda in Live Streaming of Online Broadcasters

摘要: 网络直播带货已逐渐成为被大家认可的新兴购物方式，但随之而来，虚假宣传现象也日益凸显。在虚假宣传的认定上，应当厘清“虚假”和“引人误解”的关系，“引人误解”标准不应脱离“虚假”去判断。因此在虚假宣传和真实宣传中，“引人误解”成立标准应当有所区别。当下，行政机关监管手段不足，重事后处罚，轻事前监督；平台未履行好“守门人”责任，监管技术陈旧；以主播为核心的直播带货商业链条关系复杂导致法律法规适用不畅，对主播及商家等主体归责不清，是造成当前乱象的主要原因。因此，在明晰相关主体关系，以便对直播带货中各方归责的同时要求平台也要肩负起责任，行政机关应当利用好行政约谈制度，事前监督，提前减少虚假宣传的发生。

Abstract: Online live streaming sales have gradually become a recognized emerging shopping method, but with it, the phenomenon of false propaganda has become increasingly prominent. In the recognition of false propaganda, the relationship between “falsehood” and “misleading” should be clarified, and the standard of “misleading” should not be judged separately from “falsehood”. Therefore, there should be a difference in the criteria for the establishment of “misleading” between false propaganda and genuine propaganda. At present, administrative agencies lack sufficient regulatory measures, with heavy post punishment and light pre supervision; The platform has not fulfilled its responsibility as a gatekeeper and its regulatory technology is outdated; The complex relationship in the live streaming sales business chain centered on anchors has led to poor application of laws and regulations, and unclear accountability for anchors and merchants, which is the main reason for the current chaos. Therefore, while clarifying the relationships between relevant parties in order to hold all parties responsible for live streaming sales, it is required that the platform also shoulder responsibility. Administrative agencies should make good use of the administrative interview system, supervise in advance, and reduce the occurrence of false propaganda in advance.