听·见丨莫让消费者成为流量消费的“背景板”

Core Viewpoint - The rise of live streaming in various sectors such as dining, fitness, and retail has blurred the lines between commercial marketing and privacy infringement, as consumers unknowingly become "background props" for businesses seeking to attract traffic [1][2]. Group 1: Live Streaming as a Marketing Tool - Live streaming has become a crucial method for businesses to attract customers due to its real-time interactivity and authentic representation of scenes [2]. - In the restaurant industry, live streaming can effectively showcase the ambiance and popularity of the establishment, making it more appealing than static images [2]. - Fitness institutions utilize live streaming to demonstrate the professionalism of trainers and the quality of facilities, thereby reducing potential customers' decision-making time [2]. - Retail "store exploration live streams" can transcend physical space limitations, accurately targeting online users and boosting foot traffic and sales [2]. Group 2: Privacy Concerns and Legal Implications - Many businesses, in pursuit of higher engagement and conversion rates, have begun to infringe on privacy rights by filming consumers without their consent, treating them as "traffic material" [2]. - The essence of live streaming "background prop" infringement is clearly defined in legal terms, with privacy being recognized as an individual's personal life and private information that should not be disclosed without consent [2]. - The Civil Code stipulates that any organization or individual must not infringe upon others' privacy rights through disturbance, disclosure, or public exposure [2]. Group 3: Solutions and Regulatory Measures - To address the challenges of live streaming "background props," a multi-party governance system is needed to balance traffic benefits and privacy protection [3]. - Businesses can proactively avoid infringement risks by implementing practices such as designating specific areas for live streaming that do not include dining spaces [3]. - Recent regulations, such as the "Live E-commerce Supervision Management Measures," outline the responsibilities of platforms and businesses, emphasizing the need for consent when filming in public settings [3]. - Consumers are encouraged to enhance their awareness of rights and can take actions such as recording evidence, filing complaints, and reporting violations to protect their interests [3].