On the Legal Nature of Live-Streaming Sales

Abstract

With the continuous development of new e-commerce models, live-streaming sales have gradually become an important means to boost product sales. However, the current legal system has yet to reach a consensus on defining live-streaming sales, leading to inconsistent application of the law in practice. Through the analysis of multiple typical cases, this article reveals the differences in the application of the Advertising Law and the Anti-Unfair Competition Law in regulating false advertising practices in live-streaming sales, highlighting the ambiguity in determining the legal nature of such activities. Building on this, the article starts from the controversy over whether live-streaming sales constitute commercial advertising, separately arguing for their role as promotional tools and commercial advertisements. Ultimately, it proposes that live-streaming sales should be defined as commercial advertising with advertising attributes. This definition would help unify enforcement standards, enhance regulatory efficiency, and provide clear legal guidance for the healthy development of live-streaming e-commerce.