The purpose of network false propaganda is the same as the traditional way, that is, to induce consumers to buy their products or services by belittling others and raising themselves. E-commerce operators should abide by the basic principles of voluntariness, equality, fairness, honesty and credit. Fraud, false advertising, false propaganda and other bad online behaviors violate this basic principle, which not only damages the legitimate rights and interests of other operators, but also hinders the normal market competition order, and should be prohibited and sanctioned by laws such as the Advertising Law, the Anti-Unfair Competition Law and the Consumer Protection Law. Bianxiao. com has compiled relevant contents for you. Please read the following to understand. I hope it helps you. I wish you happy reading! How to identify the legal basis of unfair competition caused by false online propaganda 1 Article 9 of the Anti-Unfair Competition Law of People's Republic of China (PRC), an operator shall not make misleading false propaganda on the quality, composition, performance, use, producer, expiration date and place of origin of goods by advertising or other methods. Advertising agents shall not act as agents, design, produce or publish false advertisements that they know or should know. 2. "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Cases of Unfair Competition" Article 8 If an operator commits one of the following acts, which is enough to cause misunderstanding among the relevant public, it can be regarded as misleading false propaganda as stipulated in the first paragraph of Article 9 of the Anti-Unfair Competition Law: (1) One-sided propaganda or comparison of goods; (2) Views and phenomena that are still inconclusive in science. As a conclusive fact of commodity propaganda; (3) Propagandizing commodities in vague language or other misleading ways. Propagandizing goods in an obviously exaggerated way, which is not enough to cause misunderstanding among the relevant public, does not belong to misleading false propaganda. The people's court shall, according to the daily life experience, the general concern of the relevant public, the misunderstood facts and the actual situation of the propaganda object, identify misleading false propaganda behavior. 3. Advertising Law of People's Republic of China (PRC) (revised 20 15) Article 28 An advertisement that deceives or misleads consumers with false or misleading contents constitutes a false advertisement. An advertisement is a false advertisement in any of the following circumstances: (1) The commodity or service does not exist; (2) Information such as the performance, function, origin, use, quality, specifications, ingredients, price, producer, expiration date, sales status and honor of the goods, or information such as the content, provider, form, quality, price, sales status and honor of the services, and information related to the goods or services are inconsistent with the actual situation, which has a substantial impact on the purchase behavior; (3) using fictitious, forged or unverifiable scientific research achievements, statistical data, survey results, abstracts, quotations and other information as proof materials; (4) Fictitious use of goods or acceptance of services; (5) Other circumstances that deceive or mislead consumers with false or misleading contents. 4. Beijing Higher People's Court's Guide to Hearing Cases Involving Internet Intellectual Property Rights, 36 pages. If the defendant commits one of the following acts through the information network, which is enough to cause misunderstanding of the relevant public, it can be considered as misleading false propaganda as stipulated in the first paragraph of Article 9 of the Anti-Unfair Competition Law: (1) When promoting himself and his related products or services, it obviously violates objective facts; (2) Use such terms as "national level", "top level" and "best" when promoting itself and its related products or services; (3) comparing itself and its products or services with the plaintiff and its related products or services, and using one-sided and false descriptions; (4) When publicizing and introducing itself and its products or services, the relevant content cited is provided by others, but the content is obviously unfounded; (5) Other circumstances that constitute false propaganda. Related cases 1. The objective statement of the operator's actual operating conditions and performance will not be misleading. Does not constitute false propaganda-* * Golden Holiday Travel Agency Co., Ltd. v. Xiecheng Computer Technology (Shanghai) Co., Ltd., * * Xiecheng Business Co., Ltd., * * Kang Hui International Air Service Co., Ltd. and * * Xiecheng International Travel Agency Co., Ltd. The gist of this case is that no matter whether the relevant business activities of the operators constitute illegal business, the relevant propaganda content will not be misleading as long as it is an objective statement of their actual business situation and performance. CaseNo. (2007) Min San Zhong Zi No.2 Court: the Supreme People's Court No.2 Court. Operators use such terms as "national level", "highest level" and "best" in their official website propaganda, which is misleading. It belongs to the case of false propaganda-unfair competition dispute between Imagination Software Co., Ltd., Zhongyuan Information Technology Co., Ltd. and Zhongsheng Information Technology Co., Ltd. The essence of this case is that the operators used a lot of superlative and best adjectives such as "biggest", "unique", "most mature" and "best" in the propaganda articles uploaded by official website, but failed to provide any effective evidence to support their claims. Operators' propaganda content lacks factual basis, exaggerates their own competitive advantages, is easily misunderstood, and thus obtains unfair competitive interests, which should be regarded as false propaganda. Case number: (20 15) Zhejiang Zhizhong Zinuo. 7 1 Trial Chamber: Zhejiang Higher People's Court 3. Operators violate the principle of good faith when promoting on their websites, which easily leads to public misunderstanding and constitutes false propaganda and unfair competition-* * Digital Teng Communication Engineering Equipment Co., Ltd. and * * Hanwang Intelligent Technology Co., Ltd. The gist of this case: operators fail to follow the principle of good faith in external publicity. It is easy to misunderstand the relevant public by listing the projects that they do not undertake under the relevant columns of their websites, and it should be considered as unfair competition that constitutes false propaganda. CaseNo.: (20 14) No.353 Trial Chamber: Relevant Opinions of Shanghai Yangpu District People's Court 1. The Supreme People's Court also believes that the false propaganda behavior that should bear civil liability should meet three basic conditions: there is a competitive relationship between operators, and the relevant propaganda content is enough to cause misunderstanding among the relevant public and direct damage to operators; For the consequences of misleading and direct damage, the plaintiff's burden of proof for his own damage cannot be simply replaced by misleading consequences that the relevant public may have nothing to do with the plaintiff. 2. Several ways of "misleading false propaganda" (1) The propaganda behavior of false facts is to fabricate information that does not exist in reality and publicize products in order to achieve sales purposes. (2) Propaganda of true facts (1) One-sided propaganda or comparison of commodities. Some operators will publicize or compare the information of competitors' goods asymmetrically, with the purpose and result of belittling others' goods and raising their own goods, thus misleading buyers. Although the propaganda in words is true, it will have misleading consequences. (two) the use of scientific inconclusive views and phenomena as the conclusive facts of commodity promotion. If the relevant public misinterprets scientifically inconclusive opinions and phenomena as conclusive facts because of the propaganda of operators, it will constitute false propaganda. (3) Propagandizing commodities in vague language or other misleading ways. Deliberately use ambiguous and ambiguous words to promote goods. It is enough to mislead the relevant public and also constitutes false propaganda. 3. False propaganda that constitutes unfair competition should be enough to have misleading consequences. The essence of false propaganda is misleading. If scientific inconclusive opinions and phenomena are taken as conclusive facts in commodity propaganda, even if they are based on real materials, as long as they are misleading enough, they will constitute false propaganda. If the propaganda itself contains false elements, but according to the daily life experience and the general concern of the relevant public, it is easy to distinguish as false information and will not mislead the relevant public, it should not be considered as false propaganda unfair competition. Propagandizing goods in an obviously exaggerated way, which is not enough to cause misunderstanding among the relevant public, does not belong to misleading false propaganda. Misunderstanding does not necessarily lead to misunderstanding, as long as the propaganda content is enough to mislead the public. Misunderstanding can involve product quality, production ingredients and other aspects, such as product efficacy, performance, use and other aspects, producer, origin and other aspects of the source of goods, as well as expiration date and so on. As long as the false or improper expression of such information can mislead consumers and affect their purchase decisions, it can be considered as false propaganda. The above is the related content compiled by Bian Xiao. I hope it helps you. If your question is complicated, please consult an online lawyer.
Legal objectivity:
Article 55 of the Advertising Law of People's Republic of China (PRC) Municipality publishes false advertisements in violation of the provisions of this Law, and the market supervision and management department shall order it to stop publishing advertisements, order advertisers to eliminate the influence within the corresponding scope, and impose a fine of more than three times and less than five times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed; If there are more than three illegal acts or other serious circumstances within two years, a fine of five to ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan may be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year.