直播售假中主播的义务与责任研究
Research on the Obligations and Responsibilities of Anchors in Live Fake Sales

随着网络直播的普及，售假现象频发，消费者权益受损严重。本文聚焦于网络直播售假中的主播的义务与责任承担问题，首先分析了直播售假行为的两大类型：售卖不合格商品与虚假宣传，并指出直播行为的复杂性，不能简单地评价为广告行为或导购行为。主播在直播过程中需承担标识、真实、注意及配合等多项义务，确保商品质量，避免误导消费者。根据主播行为可以分为广告行为和销售行为，本文明确了销售责任与广告责任的区分。销售责任主要来自自营或明知售假行为；广告责任则因虚假宣传而产生，具体责任类型依主播在广告链中的角色而定。在责任认定时，应综合考虑主播社会影响力，确保责任公正合理。对于非营利性公益主播，也应依法承担相应责任，以保障直播市场的健康发展。
With the popularization of live streaming on the internet, the phenomenon of selling fake products has occurred frequently, severely infringing upon consumer rights. This paper focuses on the obligations and responsibilities of anchors in selling fake products during live streaming. Firstly, it analyzes two major types of fake product sales during live streaming: selling unqualified products and false propaganda, and points out the complexity of live streaming behaviors, which cannot be simply evaluated as advertising or shopping guide behaviors. Anchors need to undertake multiple obligations such as labeling, truthfulness, attention, and cooperation during live streaming to ensure product quality and avoid misleading consumers. Based on anchor behaviors, this paper clarifies the distinction between sales responsibility and advertising responsibility. Sales responsibility mainly stems from self-operated sales or the knowing sale of fake products; advertising responsibility arises from false propaganda, and the specific types of responsibility depend on the anchor’s role in the advertising chain. In identifying responsibilities, the social influence of anchors should be comprehensively considered to ensure fairness and rationality. Even for non-profit public welfare anchors, they should also bear corresponding responsibilities in accordance with the law to ensure the healthy development of the live-streaming market.