Original title: e-commerce "bragging" how to cure the disease?
At present, there is no shortage of promoters on various online platforms who rely on exaggeration.
Reporters found that some network platform illegal use of "extreme words" advertising situation is still many, not only serious violations of the legitimate rights and interests of consumers, but also lead to illegal elements to use "business advertising words illegal" for extortion and other cases frequent, it is urgent to strengthen supervision and governance.
The outlaws are eyeing the e-commerce
Reporters learned from the Shandong police, before, Shandong Yizhuang Shanting District, Sang village town of Xi Luoshan village villagers Hong Zhipeng vulnerable to network extortion, to the local police station to report for help. Originally, his online shop was reported suspected of false propaganda problems, the other side said that as long as 4000 yuan can be withdrawn to report "things."
Case police Feng Wenwen introduced, Ma and others in a number of online platforms in the online shop, search for ads containing the words "most" "never", "environmental protection" "non-toxic", and then to advertise the word illegal reasons, to 12315 platform complaints reported. Once the merchant through the complaint form left a telephone number and Ma and others contact, Ma and others to "if not resolved privately, the market regulator will impose a huge fine on the merchant" to threaten the business, asking for hundreds of yuan to several thousand yuan of property. Many businesses have to "pay for peace" to avoid being fined.
"From the case situation, the vast majority of businesses are forced to accept the extortion of Ma and others, Ma and others after the collection of money to withdraw the case." Yang Feng, head of the criminal investigation team of the Shanting District Public Security Bureau, told reporters that the criminal acts of the gang headed by Ma had involved more than 2,000 businesses nationwide in less than a year, involving more than 2 million yuan.
Tian Wei, deputy director of the Shanting District Public Security Bureau, told reporters that the rise in the number of such cases is related to the widespread abuse of "extreme words" in the field of e-commerce advertising.
Abuse of "extreme words" into e-commerce "psoriasis"
China's Advertising Law expressly stipulates that advertising may not use "national level" "highest level" "best" and other terms. For the illegal use of "extreme words" advertising "boasting", the market supervision and administration department may order the suspension of advertising, the advertisers are fined between 200,000 yuan and 1 million yuan, serious circumstances, and may revoke the business license, the advertising censors revoke the advertising review approval documents, within one year not to accept their applications for advertising review.
However, the reporter's investigation found that some network platform ads in the "extreme words" still exist in large numbers.
Merchants use "extreme words" in the form of pinyin, harmonics, and foreign characters. Reporters found that the disabled word "most" harmonic, phonetic body, such as "low price" "low price" "Zui low price" is widely used.
The seller named "mini's pet life" on the idle fish hit the "full net zui low XX dog food cool series" advertisement; In an an order to circumvent platform censorship, the broadcaster, Huiju Tongcheng Founders, printed the words "Historically Zui Low Price" on paper and showed it in a video.
Reporters also see in the small red book, a skin care products claim to be "the lowest price in history." When the reporter asked whether customer service is the lowest price, customer service did not respond positively, only that "different periods, different prices."
There are also related issues in the live shipping activities. On October 13th L'Oreal Paris tweeted, "Locking up Li Jiaxuan's live broadcast room on October 20th, the mask is the strongest this year."" Many netizens purchased products that were pre-sold for 429 yuan. In the recent "Double 11" period, the brand's live-streaming room spot is only 257 yuan. On the "Black Cat Complaint" platform, the number of collective complaints has exceeded 20,000.
In addition, there are a large number of "historical" "national" "unique" and other prohibited words. The broadcaster "Lulu Huang" in its many short videos are using "the lowest price in history" and so on. Idle fish sellers "turned out to be lailai ah" said they sold "national wild sea cucumbers" to attract business; sellers "baoma" a "sale" of "national eye guard lamp", sellers "Jiashu Yuehang" said the sale of toothpaste as "the world's only 95% water extraction propolis toothpaste" ...
Illegal advertising has even become an industry practice. Reporters found that many merchants will be "precautionary" in the online shop prominent location marked "special statement", in order to shirk the responsibility: "The store for the sale of products advertising inspection and rectification if there is no adjustment, on such issues occurred disputes support return refunds, but not as a reason for compensation" "do not accept and do not compromise in any form of limit word compensation, hope that the vast number of consumers and 'counterfeiting' people know."
To meet the difficulties and build a multi-plural system of common governance
A number of network platform related work leaders told reporters that the platform on the relevant commodity publicity illegal use of advertising "extreme words" are zero tolerance, but also set up a series of screening, disposal norms and methods, such as: the platform will continue to cross-identify through manual control and technical means, in the relevant business or creators of the management norms to add "advertising prohibited words" class detailed clear provisions, for users to open a report mailbox and telephone and other direct feedback channels, such as violations of the law, The platform will impose penalties on merchants or creators for deducting credit points, withdrawing live broadcast rights, and reclaiming e-commerce rights.
However, due to various reasons, the effect of governance has not been expected. Tian Wei said that from the practice of handling cases, businesses for profit, regardless of the online and offline have the tendency and habits of exaggerated propaganda. Administrative law enforcement departments have fewer cases, and it is very difficult to achieve full-time full-time coverage of regulatory pressure.
At the same time, some merchants and creators "bend around" the use of "extreme words", to a large extent to reduce the efficiency and accuracy of platform technology supervision. In the live band, some of the anchors intentionally warmed up the short video to do more exaggerated, after the live broadcast and quickly delete the video to destroy traces, which has increased the difficulty of supervision.
In addition, Beijing University of Aeronautics and Astronautics Industrial and Information Rule of Law Strategy and Management Key Laboratory Office Director Zhao Jingwu and other experts told reporters that the current governance in this area based on the existence of low effectiveness, loopholes and other issues, it is urgent to find gaps from the legislative level to fill the gap.
Liu Junhai, a professor at Chinese Min University Law School, warned that the platform should be particularly vigilant against some "crooked tactics" to circumvent governance, dynamically upgrade the level of regulatory technology, and eliminate similar harmful advertising from the source into the platform. At the same time, the market supervision department should also take the initiative to raise the level of scientific and technological supervision, eliminate the regulatory blind spot, improve the effectiveness of supervision, casting regulatory credibility.
Meng Fanlin, an associate professor at Shandong University of Finance and Economics Law School, warned that if the platform does not take the necessary measures for product information that is sufficient to cause consumers to misunderstand, it should bear joint and several responsibilities with the seller and force the compaction to be held accountable. Wang Wei, a lawyer at Qizhou Law Firm in Shandong Province, suggested that a coordinated regulatory mechanism should be established to clarify the scope and boundaries of the functions of each regulatory body, both to prevent the emergence of "unsupervised areas" and to avoid overlapping functions leading to mutual delays.
"With the concept of pluralism and common governance, through legislation, justice, administration and other means to systematically govern, so that all parties operators have a clear judgment of the characterization, procedures and consequences of their own behavior in the legal system, and ultimately achieve a complete improvement of the overall network business environment." Zhang Xuandong, deputy attorney-general of the Shanting District People's Procuratorate, suggested that through the establishment of a collaborative management system, a social co-governance environment involving regulatory authorities, industry organizations, live broadcasting platforms, practitioners and other social subjects should be promoted.