The possible criminal and legal risks involved in the live broadcast of commodities;
1. Crime of selling goods with counterfeit registered trademarks. Network celebrities, anchors, etc. The legal obligations of "live broadcast with goods" shall be strictly observed. The anchor should establish a strict product selection team and carefully screen the trademarks of the products. If you still sell goods with counterfeit registered trademarks, you need to bear criminal responsibility for the crime of selling goods with counterfeit registered trademarks.
2. The crime of producing and selling fake and inferior products, the crime of producing and selling fake and inferior drugs, and the crime of selling food that does not meet safety standards. If the anchor knows that others produce and sell counterfeit drugs and inferior drugs, and also uses the live broadcast platform for sales promotion, it may involve the crime of producing and selling counterfeit drugs and inferior drugs or the crime of producing and selling counterfeit drugs and inferior drugs, and selling food that does not meet safety standards.
3. The crime of false advertising. If the anchor only acts as an advertising endorsement in the live broadcast process, it generally does not need to bear the risk of criminal responsibility, because there will be no direct paid transfer of goods in this process.
On the Civil Liability of Anchor
1. When the anchor is recognized as an advertisement publisher and spokesperson, if the goods purchased by consumers through the live broadcast room have quality problems, and the anchor knows that the quality of the goods is not up to standard or even has problems, and exaggerates, falsely publicizes, deceives and misleads consumers during the live broadcast, it shall jointly undertake the responsibilities of repairing, reworking, replacing, returning, supplementing the quantity of goods and returning them to consumers with the live broadcast platform and sellers.
2. If the goods or services are fraudulent, they need to bear the "triple responsibility"; If the products produced or sold violate food safety standards, they shall be liable for compensation of "ten times the price or three times the loss"; If the unqualified products cause property or personal injury to others, they shall also compensate for their losses.
Legal basis:
People's Republic of China (PRC) advertising law
Article 2 This Law shall apply to commercial advertising activities in which commodity operators or service providers directly or indirectly introduce the commodities or services they promote through certain media and forms in People's Republic of China (PRC). Thus, the term "advertising" as mentioned in this Law refers to the commercial advertising activities that directly or indirectly introduce the goods or services they sell through certain media and forms. Live broadcast with goods is to recommend products through the channel of webcasting platform to attract consumers to buy, which conforms to the definition of advertising in advertising law and should belong to commercial advertising activities.
advertising law
Article 56 Advertisers who publish false advertisements, deceive or mislead consumers and damage the legitimate rights and interests of consumers in purchasing goods or receiving services shall bear civil liability according to law.
If a false advertisement about a consumer's life and health goods or services causes damage to consumers, its advertising agents, publishers and spokespersons shall be jointly and severally liable with the advertisers.
If the false advertisements of other commodities or services cause harm to consumers, and the advertising spokesman knows or should know that the advertisements are false, but still designs, produces, expresses, publishes or makes recommendations or proofs, he shall be jointly and severally liable with the advertisers.
Tort liability law "
Article 42 If the product is defective due to the fault of the seller, causing damage to others, the seller shall bear the tort liability.
If the seller cannot specify the producer or supplier of the defective product, he shall bear the tort liability.
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 55. If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by the consumer according to the requirements, and the amount of compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, those provisions shall prevail.
Where a business operator knowingly provides goods or services to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to demand compensation from the business operator in accordance with the provisions of laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice.