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Recently, the “troublesome bird’s nest incident” has been exposed in the field of live birth. The anchor team has given the current compensation plan, but the division of responsibilities and the basis of compensation standards need to be further clarified. Experts said that many departments have issued guidance on the delivery of goods by live broadcast, but there is more chaos in the industry and the handling of this incident will become a touchstone for the implementation of the relevant regulations.
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Recently, the well-known Simba delivery anchor team fell into a “troublesome bird’s nest incident”, which continued to garner public attention. After the problem has fermented for many days, the presenting team proposed a first compensation plan, “Please remember all the ‘Mingzhi’ brand bird’s nest products sold in the Xinxuan live broadcast room and take the responsibility to return one compensation and three compensation “to solve the problem first. But Wang Hai, a professional phony, said he should “refund one and pay ten.”
Since the beginning of this year, e-commerce live broadcasts have flourished. However, while the data on live broadcast sales continues to increase, the frequency of live broadcasts with “volume losses” of goods is also increasing. Issues such as false propaganda for live broadcasts, the inability to guarantee product quality, and the difficulty of returning and replacing goods have become increasingly important.
How to determine liability after “transport overturn” of live streamed goods and what is the legal standard for compensation? In this regard, a journalist from the Workers’ Daily interviewed the relevant experts.
The “sugar water” is sold as a bird’s nest, at least “reimbursement of one for three”
A few days ago, professional counterfeiter Wang Hai said on Weibo that Simba’s apprentice “Shida Beautiful” sold a brand “Mingzhi” “Small Golden Bowl Bird’s Nest Instant Bird’s Nest with Rock Sugar” in the Xinxuan live broadcast room. The bird’s nest test report he posted showed that the product contains 4.8% sucrose and 5% carbohydrates in the ingredient list, confirming that the product is sugar water.
Subsequently, Xin Youzhi (ie Simba), the founder of Guangdong Xinxuan Holding Company, responded publicly on his personal Weibo, saying that after testing, this “Mingzhi” brand bird’s nest product was indeed promoted in the room. live streaming. At less than 2 grams per bowl, this product “is actually a bird’s nest flavored drink and should not be promoted as a bird’s nest product.”
At the same time, Simba said that Xin Xuan now proposes a compensation plan in advance, “recalling all the ‘Ming Zhi’ brand bird’s nest products sold in Xin Xuan’s live broadcast room, and assumes responsibility to return compensation and three compensation “(a total of 57,820 orders were sold and the sales amount was 15,495,760 yuan. First refund 61983040 yuan), solve the problem first.
Why is “refund one pays three”? Liu Junhai, a professor at Renmin University of China School of Law, told reporters that, according to Article 55 of the Consumer Rights Protection Law, if a business operator commits fraud by providing goods or services , you should increase compensation for losses incurred in accordance with consumer requirements. The increase in compensation is three times the consumer purchase price of goods or the cost of receiving services, that is, “reimburse one and compensate three.”
“In this troublesome bird’s nest incident, Simba also admitted that the ‘bird’s nest’ promoted by his team had an exaggerated publicity problem. Therefore, this matter should be subject to the provisions of the Consumer Protection Act. , and at least a three ‘compensation refund is required. Said Chen Yinjiang, Deputy Secretary General of the Consumer Protection Law Research Association of China Law Society.
“Return one and lose three” who will pay? Who will decide the “reimbursement and compensation”?
According to Simba’s reply, the “Brand Promotion Cooperation Agreement” signed between Xin Xuan and Guangzhou Rongyu Company (ie Bird’s Nest “Ming Zhi” brand) clearly stipulates that the brand must ensure that it will provide the description. of the “Shida Beautiful” product for display and sale. , The introduction, images and other informational materials are not false, do not infringe the legitimate rights and interests of any third party, and comply with laws, regulations, policies, etc. relevant to the country of production and sales; otherwise, all responsibilities and losses incurred will be borne by the brand.
“We coordinate with the brand in accordance with the provisions of the contract, and we expect the brand to compensate all users in accordance with the” Consumer Rights Protection Act “on laws and regulations related to false advertising.” Simba said: “But because the brand has always avoided meeting, communication is not possible. Positive, the plan is unclear, so I decided to proactively respond and resolve this incident.”
Some netizens praised Simba’s attitude to face the problem and take responsibility. However, Wang Hai stated that “0.014 grams of sialic acid was artificially added” in the “Bird’s Nest” product, and he needed to “reimburse one for ten.”
Where does “return one pay ten” come from? According to media reports, the ingredients of “Ming Zhi” bowl flavored bird’s nest instant products contain calcium lactate, and the product category is flavored drinks. However, according to the regulations for the use of food additives issued by the National Commission for Health and Family Planning, calcium lactate is not suitable for “flavored drinks”.
In accordance with the provisions of article 148 of the Food Safety Law, when producing food that does not meet food safety standards or when operating food that does not meet food safety standards, consumers can not only claim compensation for the losses, but also request the producers or operators The person asked to pay ten times the price or three times the loss. Wang Hai believes that the flavored drink is a food that does not meet food safety standards and consumers can apply for a “one-in-ten refund.”
However, some lawyers said that the premise of “reimbursing ten compensation” is to affect personal safety, requiring identification by the relevant departments. If the “bird’s nest” is identified as food that does not meet safety standards, consumers can request a “refund.” You lose ten. “
Livestream is full of chaos and violators must pay
“This troublesome bird’s nest incident has sparked great public concern. What lies behind is the chaos of live streaming. Although many departments have recently introduced new regulations to regulate the development of the live streaming industry, advertising Fake current and live broadcast product quality Problems such as the inability to guarantee, the difficulty to guarantee returns and exchanges have not changed significantly, “said Chen Yinjiang.
In Chen Yinjiang’s view, handling this incident is the touchstone for determining whether the relevant regulations can be implemented. If the issue is resolved well, it will not only provide referrals for relevant departments to deal with similar issues in the future, it will also have a deterrent effect on related livestream marketing operators. You can make webcasting operators fully understand that there is no regulatory gap in webcasting, as long as relevant laws are violated. Regulations and damage to consumer rights must pay their due price.
“Specifically, it is necessary to clarify the responsibilities of all parties involved in the Xin Bird’s Nest incident. For example, what responsibilities should Simba’s team assume? What responsibilities should the live streaming platform assume? responsibilities should be assumed by the manufacturer of the bird’s nest? Consumers agree with the “Protection of consumer rights The law requires a” refund of compensation for three “or a” refund for compensation of ten “according to the “Food Safety Law”. Can the relevant offenders be put on the credit blacklist? These issues should be determined based on specific investigations. “Chen Yinjiang Say.
Furthermore, Liu Junhai believes that Simba’s team and brand owners may also face administrative responsibilities. In accordance with the provisions of article 56 of the Consumer Rights Protection Law, those who make false or misleading advertising about goods or services, in addition to assuming the corresponding civil liability, the other relevant laws and regulations will impose sanctions on the sanctions and methods. When specified, it will be implemented in accordance with the provisions of laws and regulations; if not provided for by laws and regulations, the administrative department for industry and commerce or other relevant administrative departments will order corrections and may issue warnings, confiscate illegal profits or impose illegal profits on the basis of the circumstances. If there is no illegal entry, a fine of less than 500,000 yuan will be imposed; if the circumstances are serious, the business will be suspended for rectification and the business license will be revoked.
Reporter Yang Zhaokui
