First, how to report live selling fakes?
You can go to the industrial and commercial department or go to the consumer protection association to complain and report.
In case of selling fake goods on the spot, it can be handled as follows:
1. The anchor sells fakes in the live broadcast room. If consumers want to protect their rights and interests, they can negotiate with customer service to return the goods.
2. The anchor sells fakes in the live broadcast room. If negotiation fails, consumers can directly call 123 15 to defend their rights.
If the goods bought in the live broadcast room are fakes, you can negotiate with customer service first. If you are not allowed to return goods, you must take up legal weapons to protect yourself. Consumers may claim compensation from both the seller and the online trading platform, or ask them to bear joint liability for compensation if they encounter counterfeit goods when purchasing goods through the online trading platform. In practice, for the convenience of safeguarding rights, consumers generally choose to sue online trading platforms.
Second, how to punish live selling fakes?
1. If the amount of illegal income from selling fake products by live broadcast is relatively large or there are other serious circumstances, it may be sentenced to fixed-term imprisonment of not more than three years and fined; If the circumstances are especially serious or the amount of illegal income is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
2. It is illegal to broadcast live with fake goods, and criminal responsibility should be borne for the crime of selling goods with counterfeit registered trademarks.
Whoever knowingly sells goods with counterfeit registered trademarks and the illegal income from selling fake and inferior commodities is relatively large shall be sentenced to fixed-term imprisonment of not more than three years and fined; whoever sells fake and inferior commodities shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and fined.
3. The network anchor selling fake goods is suspected of selling counterfeit registered trademark goods, which also violates consumers' right to know.
When the anchor sells goods live, it has the obligation to review the quality of the goods. If the goods recommended by the anchor are false advertisements, causing damage to consumers' rights and interests, the anchor shall bear joint and several liability.
4. The anchor signed a contract with the organization or started his own company to operate, and explained the products with commodities through live broadcast to attract the audience in the live broadcast room to buy, so as to achieve the purpose of live broadcast with commodities. If the anchor knows or should know that the products selected by the organization or company are fake and inferior products and still sell them, it will constitute the crime of producing and selling fake and inferior products;
Because the anchor plays an important role in the live broadcast process, it belongs to the person directly responsible for the unit crime. According to the principle of "double punishment system" in criminal law, the anchor will be sentenced to corresponding punishment in addition to punishing the unit, and will be required to bear corresponding criminal responsibility.
Legal basis:
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 40 If consumers' legitimate rights and interests are damaged when purchasing or using commodities, they may claim compensation from the sellers. If the seller's compensation is the responsibility of the producer or other seller who provided the seller with the goods, the seller has the right to recover from the producer or other seller.
Consumers or other victims who suffer personal or property damage due to commodity defects may claim compensation from sellers or producers. If it is the responsibility of the producer, the seller has the right to recover from the producer after compensation. If it is the responsibility of the seller, the producer has the right to recover from the seller after compensation.
When consumers receive services, their legitimate rights and interests are damaged, and they can claim compensation from the service providers.
Forty-fourth consumers who purchase goods or receive services through online trading platforms may claim compensation from sellers or service providers if their legitimate rights and interests are damaged. If the online trading platform provider cannot provide the real name, address and effective contact information of the seller or service provider, consumers may also demand compensation from the online trading platform provider; If the online trading platform provider makes a promise that is more beneficial to consumers, it shall fulfill the promise. After compensation, the online trading platform provider has the right to recover from the seller or service provider.
If the provider of online trading platform knows or should know that the seller or service provider uses its platform to infringe upon the legitimate rights and interests of consumers and fails to take necessary measures, it shall bear joint liability with the seller or service provider according to law.
Article 45 If a consumer's legitimate rights and interests are harmed by a business operator's use of false advertisements or other false propaganda methods to provide goods or services, he may claim compensation from the business operator. If an advertising agent or publisher publishes false advertisements, consumers may request the administrative department to punish them. Advertising agents and publishers who cannot provide their real names, addresses and effective contact information shall be liable for compensation.
Advertising agents and publishers who design, produce and publish false advertisements about goods or services related to consumers' lives and health, thus causing damage to consumers, shall be jointly and severally liable with the operators who provide the goods or services.
Social organizations, other organizations and individuals who recommend commodities or services to consumers in false advertisements or other false propaganda about consumers' life and health, thus causing damage to consumers, shall be jointly and severally liable with the operators who provide the commodities or services.