Legal analysis: The laws and regulations involved in the live broadcast of goods include the Criminal Law of the People's Republic of China, the Drug Administration Law of the People's Republic of China and the Advertising Law of the People's Republic of China.
The possible criminal and legal risks involved in live broadcast with goods:
1. Crime of selling goods with counterfeit registered trademarks. Online celebrity, anchor, etc. should strictly abide by the legal obligations when "live broadcast with goods". The anchor should establish a strict product selection team to carefully screen the trademarks of goods. If the goods with counterfeit registered trademarks are still sold, they need to bear the criminal responsibility for the crime of selling goods with counterfeit registered trademarks.
2. The crime of producing and selling fake and inferior products, the crime of producing and selling fake and inferior medicines, and the crime of selling food that does not meet safety standards. If the anchor knows that others produce and sell counterfeit drugs and inferior drugs, and also uses the live broadcast platform to sell and publicize them, it may involve the crime of producing and selling counterfeit drugs and inferior drugs or the crime of producing and selling counterfeit drugs and inferior drugs, and selling food that does not meet safety standards.
3. Crime of false advertising. If the anchor only acts as an advertising endorsement in the live broadcast process, there is generally no need to bear the risk of criminal responsibility because there will be no direct paid transfer of goods in the process.
Legal basis: Article 141 of the Criminal Law of the People's Republic of China, whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 1 years, life imprisonment or death, and shall also be fined or confiscated.
personnel of drug users who knowingly provide fake drugs to others for use shall be punished in accordance with the provisions of the preceding paragraph.
the term "counterfeit drugs" as mentioned in this article refers to drugs and non-drugs that are classified as counterfeit drugs and treated as counterfeit drugs according to the provisions of the Drug Administration Law of the People's Republic of China.