At present, there is such a sales model in the online sales platform, that is, after the actual operators open online stores, they lend their accounts to third party marketing companies or traffic "Internet celebrities" for use. The actual business information has not been clarified and changed by the relevant business entities, and the consumers cannot identify the business entities after the occurrence of disputes. Then in the face of such disputes, how to divide the responsibilities?

Gist of judgment

Where a commodity operator sells commodities or provides services through network broadcast and causes damage to consumers, the nominal operator and the actual operator shall be jointly liable for compensation. If fraud is committed, the consumer can claim punitive damages under the consumer Rights Protection Act.

Liability problem analysis

"Master broadcast with cargo" in the name of the actual operators in the broadcast room to the non-specific people to offer invitation, and at the same time to the actual operators to offer, after the two sides reached an agreement to buy and sell, the legal relationship between the two parties was established. If a nominal operator who sets up an online store lends its account to another subject for use, without the relevant business subject being clear and changed, so that the consumer cannot identify the business subject, the consumer claims that the nominal operator and the actual operator should bear the responsibility, and the court should support it.

Legal basis: The Provisions of the Supreme People's Court on Several Issues concerning the Application of Law to the Trial of Cases Concerning Internet Consumption Disputes (I) (hereinafter referred to as the Provisions on Internet Consumption Disputes), which came into force in March 2022, set forth provisions on issues related to new types of Internet consumption disputes, Article 6 of which stipulates: Where an operator within the platform who has registered an online business account and set up an online shop transfers its online account and shop to another operator by means of agreement or other means, but fails to publicize the change of relevant business entity information in accordance with the law, and the actual operator's business activities cause damage to consumers, and the consumers claim that the registered operator or actual operator should bear the liability for compensation, the court shall support it.

The operation behavior of network broadcast should be defined as a new operation mode, so the relevant provisions of the Protection law of consumer rights and interests can be applied to the operation behavior of network broadcast. The nominal operators and actual operators of live streaming platforms jointly bear the responsibility for the loss of consumers, and the three-fold punitive compensation rule is applicable in the online consumption environment, which is conducive to the legal sanction of dishonest commercial fraud in online consumption and the protection of the legitimate rights and interests of online consumers.

Legal basis: Article 55 of the Law on the Protection of the Rights and Interests of Consumers of the People's Republic of China provides that a business operator who commits fraudulent acts in providing commodities or services shall, at the request of a consumer, increase the amount of compensation for the losses suffered by the consumer, and the amount of additional compensation shall be three times the price of the commodity purchased by the consumer or the cost of the service received by the consumer. If the amount of additional compensation is less than 500 yuan, it shall be 500 yuan.

This article is transferred from the "civil and commercial law Practice research", here to express thanks.