In response to the incident of ＂bird’s nest turned into sugar water＂, experts from China Consumers Association taught you to be a smart consumer.

　　Xinhua News Agency, Beijing, November 30 th: In response to the incident of "bird’s nest turned into sugar water", experts from China Consumers Association taught you to be a smart consumer.

　　Xinhua News Agency reporter Zhao Wenjun

　　Recently, the ready-to-eat bird’s nest promoted and sold by the well-known anchor Simba was questioned as sugar water, which once again triggered public concerns about the quality of live broadcast goods. How to prevent the risk of live broadcast, standardize the live broadcast e-commerce industry and strengthen the protection of consumer rights? Experts from China Consumers Association accepted an interview with reporters on related issues.

　　Question 1: What should I do if I find quality problems with the goods purchased on the live broadcast? Who’s in charge?

　　Lv Laiming, an expert of China Consumers Association and a professor at the Law School of Beijing Technology and Business University, said: At present, the investigation on the incident of "bird’s nest changing into sugar water" is still in progress. There are many parties involved in live delivery. Recently, the relevant regulatory authorities have issued guidance on supervision, and all parties should bear legal responsibilities according to their respective roles.

　　First of all, some behaviors in live broadcast with goods can be applied to existing laws, such as anti-unfair competition law, consumer rights protection law, e-commerce law, advertising law, etc., and it cannot be said that it is completely a legal blank.

　　Secondly, because live delivery is a new format, it is different from the traditional e-commerce platform model. In the e-commerce law, there are relatively clear provisions on the legal status and responsibilities of traditional e-commerce platforms and operators within the platforms. Compared with the traditional e-commerce platform to sell goods, live delivery involves more subjects and transaction links, which is more complicated and more difficult to supervise. The legal status and responsibilities of the participants, such as the live broadcast platform and the anchor, are not clearly defined in the e-commerce law, and the responsibility boundaries of all parties need to be clear.

　　In addition, the industry still has different opinions on the characterization of some behaviors in the new format, such as whether the anchor’s goods are advertisements and under what circumstances, which increases the difficulty of supervision. Because live broadcast with goods is a cross-domain business model, there is a problem of overlapping regulatory responsibilities.

　　Question 2: What measures have been taken by the regulatory authorities for live delivery?

　　Lu Laiming: To strengthen the supervision of live broadcast, it is necessary to clarify the status and responsibilities of all parties in the system. On November 5th this year, the General Administration of Market Supervision issued the guiding opinions on strengthening the supervision of live webcast marketing activities, and strictly regulated the live webcast marketing behavior, including the marketing of goods or services and the advertising endorsement, which provided a clear basis for strengthening the market supervision in this field. Since then, the Central Network Information Office has issued a draft for comments on the regulations on the management of Internet live marketing information content services, and the State Administration of Radio and Television has issued a notice on strengthening the management of online show live broadcast and e-commerce live broadcast, which means that regulatory measures for live broadcast are being intensively introduced.

　　To improve the supervision of live broadcast with goods, it is bound to cross multiple departments, which requires the cooperation of relevant departments to achieve efficient and accurate supervision, as well as the innovation of supervision methods and social co-governance. Since the "double 11" warm-up season in October this year, local market supervision departments and consumer rights organizations have made intensive voices, reminding all relevant business entities to continuously strengthen self-discipline and self-management through special law enforcement, administrative interviews, exhortations and reminders, and jointly promote the healthy and standardized development of the online economy.

　　Question 3: How can consumers avoid the risks in live delivery?

　　China Consumers Association recently released the main manifestations and case analysis of online live broadcast sales infringing on consumers’ rights and interests, and revealed seven problems in live broadcast, such as false propaganda, difficulty in returning goods, selling prohibited products, misleading consumers by using "special link", inducing off-exchange transactions, abusing extreme words, and illegal live broadcast content.

　　Lu Laiming: As a consumer, first, we should establish the concept of rational consumption, maintain a good consumption mentality, and consume according to demand; The second is to comprehensively check the goods, services, seller information and after-sales service information with live broadcast; The third is to refuse to conduct private transactions for the sake of being cheap; Fourth, keep calm and trade carefully for the propaganda activities of extreme exaggeration and extreme words.

　　Liu Junhai, a professor at the Law School of Renmin University of China: Without a platform to sing opera, online celebrity can’t cut the leeks of fans and the wool of consumers. The platform builds online trading facilities, formulates trading rules and format terms, selects trading platforms, extracts trading big data, and directly benefits from the trading results of consumers and operators facilitated by Net Red. As a market promoter and a self-regulatory regulator, the platform has the right and obligation to take the initiative to stand on the post, put a good guard and keep a good pass based on the triangular contractual relationship between the platform and online celebrity, operators and consumers, so as to prevent online celebrity’s false endorsements and untrustworthy advertisements from entering the platform from the source.

　　Without blind worship, there would be no online celebrity hype. Iron fans are loyal and almost obsessed with online celebrity in their minds, but online celebrity is not necessarily so for fans. It is suggested that consumers should establish the consciousness of scientific, civilized and rational consumption, strengthen self-protection, see online celebrity clearly, sign contracts seriously, meticulously save evidence, and rationally protect rights according to law.