"Live streaming" is an online transaction.
The first view is that Internet celebrities’ “live streaming” of goods is considered commercial advertising. The essence of Internet celebrities' "live broadcast selling goods" is a commercial advertising activity. Internet celebrity anchors who live broadcast to sell goods should be recognized as long as they "recommend and certify goods and services in their own name or image in advertisements." As an "advertising spokesperson" in the Advertising Law.
The second view is that Internet celebrities' "live streaming of goods" belongs to the e-commerce transaction model. In the "2019 Internet Celebrity E-commerce Ecological Development White Paper", Internet celebrities' "live streaming of goods" is defined as "Internet celebrity e-commerce", that is, Internet celebrities with Internet influence recommend and sell products to users through content or e-commerce platforms. Sell ??products. Merchants pay service fees to Internet celebrity anchors, allowing the anchors to use their own names or images to recommend goods and services to consumers through their influence. The model of "live streaming of goods" by Internet celebrities is equivalent to on-site sales by offline shopping mall salespersons. The on-site sales behavior of offline salespersons is not recognized as commercial advertising in law enforcement practice. The "live streaming" of Internet celebrities does not fall within the scope of the Advertising Law. category.
The third point of view is that Internet celebrities' "live streaming" has both the characteristics of the above two. Internet celebrity "live streaming" is an e-commerce activity with strong commercial advertising characteristics, but it also has a series of characteristics that traditional commercial advertising does not have, such as social interactivity, intuitive experience, and obvious transaction attributes. At the same time, the legal relationship between Internet celebrities and merchants and platforms when "live streaming" is also inconsistent. Therefore, it is not appropriate to identify it as commercial advertising or e-commerce transactions in a "one size fits all" manner.