Focusing on how to determine false promotion judicially against the backdrop of online live streaming,this study proposes corresponding pathways to address the specific difficulties of judicial determination without c...Focusing on how to determine false promotion judicially against the backdrop of online live streaming,this study proposes corresponding pathways to address the specific difficulties of judicial determination without conducting a general analysis of constitutive requirements.It aims to provide clearer and more practical standards for judicial practice.Through the integration of typical cases and theoretical research,it not only highlights the necessity of criminal law intervention but also deals with how to balance consumer rights protection and digital economy development.Furthermore,this study emphasizes that criminal law intervention should be based on whether the conduct is sufficient to substantially mislead the average consumer and change their transactional decisions.Criminal law should only intervene when the harm reaches the threshold of constituting"serious circumstances,"since that civil and administrative remedies should be prioritized.Unlike traditional advertising,the scenario of live streaming features real-time interaction and strong endorsement,it bears risks concentrating on explicit falsehoods,key information concealment,and data falsification.Therefore,this study focuses on how to determine and prove these types of conducts.展开更多
The innovation of algorithmic technology in digital advertising is reshaping the marketing landscape,but the resulting compliance risks and ethical disputes are becoming increasingly significant.This study focuses on ...The innovation of algorithmic technology in digital advertising is reshaping the marketing landscape,but the resulting compliance risks and ethical disputes are becoming increasingly significant.This study focuses on the three fundamental issu es of false advertising,privacy violations,and consumption incentives caused by algorithmic recommendations.It assesses the effectiveness of the current regulatory system in protecting consumers’rights and interests by combining typical case analys is and a large-scale sample survey.According to the data,nearly 40%of consumers have encountered misleading advertisements,of which only half were dealt with in a timely manner,reflecting the governance delay caused by the black-box algorithm.The abuse of user prof iles is particularly problematic,with most respondents unclear about how their personal data is collected and used.The research highlights that there are institutional gaps in the current algorithm filing review mechanism,and it is suggested t o establis h a dynamic regulatory list and an inter-departmental collaborative governance system.These findings provide empirical evidence for improving the algorithmic accountability mechanism and the digital advertising data compliance framework,and have referenc e value for promoting the formation of a more ethical intelligent marketing model.展开更多
文摘Focusing on how to determine false promotion judicially against the backdrop of online live streaming,this study proposes corresponding pathways to address the specific difficulties of judicial determination without conducting a general analysis of constitutive requirements.It aims to provide clearer and more practical standards for judicial practice.Through the integration of typical cases and theoretical research,it not only highlights the necessity of criminal law intervention but also deals with how to balance consumer rights protection and digital economy development.Furthermore,this study emphasizes that criminal law intervention should be based on whether the conduct is sufficient to substantially mislead the average consumer and change their transactional decisions.Criminal law should only intervene when the harm reaches the threshold of constituting"serious circumstances,"since that civil and administrative remedies should be prioritized.Unlike traditional advertising,the scenario of live streaming features real-time interaction and strong endorsement,it bears risks concentrating on explicit falsehoods,key information concealment,and data falsification.Therefore,this study focuses on how to determine and prove these types of conducts.
文摘The innovation of algorithmic technology in digital advertising is reshaping the marketing landscape,but the resulting compliance risks and ethical disputes are becoming increasingly significant.This study focuses on the three fundamental issu es of false advertising,privacy violations,and consumption incentives caused by algorithmic recommendations.It assesses the effectiveness of the current regulatory system in protecting consumers’rights and interests by combining typical case analys is and a large-scale sample survey.According to the data,nearly 40%of consumers have encountered misleading advertisements,of which only half were dealt with in a timely manner,reflecting the governance delay caused by the black-box algorithm.The abuse of user prof iles is particularly problematic,with most respondents unclear about how their personal data is collected and used.The research highlights that there are institutional gaps in the current algorithm filing review mechanism,and it is suggested t o establis h a dynamic regulatory list and an inter-departmental collaborative governance system.These findings provide empirical evidence for improving the algorithmic accountability mechanism and the digital advertising data compliance framework,and have referenc e value for promoting the formation of a more ethical intelligent marketing model.
