Livestream sales: Opportunity or point of law violation?

Livestream sales help millions of individuals and small businesses take advantage of digital platforms to test new business models - Illustration photo. (Source: Vietnamplus.vn)

The challenges that come with it

In the context of the global economy entering a period of comprehensive digital transformation, Vietnam is witnessing the rapid development of the creative economy - a field that combines knowledge, technology, culture and innovation. In particular, livestream sales are not only an e-commerce tool, but also a form of content creation and business model creation.

According to the United Nations Educational , Scientific and Cultural Organization (UNESCO), “creative economy” is a system of economic activities based on knowledge, talent, technology and intellectual property. In Vietnam, Resolution No. 23-NQ/TW (2023) on the development of cultural industries and Decision 1814/QD-TTg (2021) have determined: “Creative economy is an important driving force for economic growth and building national identity in the integration period”. Livestream sales, when implemented in the right direction, are part of the creative value chain, connecting production - content - consumption, helping businesses and people participate directly in the knowledge economy.

Commenting on this issue, Dr. Khong Quoc Minh, an expert in Intellectual Property & Innovation, said that livestream sales help millions of individuals and small businesses take advantage of digital platforms to test new business models, becoming "content creators" and "smart sellers". Through livestream, OCOP products, craft villages, regional specialties, traditional cultural and artistic products are brought to the global market, contributing to promoting "creative exports". The application of AI to analyze customer behavior, automate marketing, and suggest products is creating a chain of technological innovations in e-commerce. Livestream content, personal brands, and promotional effects can become intangible intellectual property, contributing to the formation of a digital copyright market and ownership of creative content.

However, this activity is also posing many challenges such as infringement of intellectual property rights and content copyright, lack of transparency in information and product quality, lack of legal framework to regulate new forms of commercial creativity, deviant creativity - manipulated consumer culture...

Considering that commercial fraud in livestream sales is a challenge that comes with the opportunity to develop Vietnam's e-commerce, Mr. Pham Minh Hieu, Deputy General Director of Activ Company, TrueData traceability technology expert, said: To control effectively, it is necessary to combine legal corridors, technology and responsible social media. It is necessary to improve the legal framework for livestream activities, popularize traceability solutions, strengthen public-private cooperation and raise consumer awareness. "Transparent technology - Transparent market - Transparent trust" is the foundation for Vietnam's e-commerce to develop sustainably, fairly and creatively.

Applying technology to monitor and protect creative values

In fact, livestreaming is becoming an innovative business model, flexibly combining live TV technology, digital marketing and real-time social interaction. This form opens up a non-traditional commercial channel, helping businesses reach customers without space and time limits, while creating a rich content creation ecosystem. However, if “creativity” lacks legal responsibility and professional ethics, it can easily be transformed into “arbitrary creation” – when profit overwhelms genuine value.

For this activity to develop transparently and sustainably, it is necessary to perfect the legal framework and policies for managing innovation in e-commerce; promote training on innovation, intellectual property and digital skills; strengthen cooperation between the State - associations - vocational centers; and apply technology to monitor and protect creative values.

Analyzing the legal aspect of this business model, Mr. Vu Tuan Cuong, Center for Quality Control and Counterfeit Prevention (CQSAC) said: Livestream is a technology with the potential to create value, but to develop and implement it safely, it is necessary to avoid legal and ethical violations. Influencers, experts, and celebrities need to comply with the code of conduct, business ethics, community principles, and the rule of law. To do this, influencers, experts, and celebrities need support tools to manage and analyze live broadcast content and short clips. At the same time, they are equipped with legal knowledge through consulting, training, and fostering activities to turn live broadcasting into a new profession in the field of e-commerce.

He also said that it is necessary to develop technological solutions to support businesses operating in the field of e-commerce. At the same time, providing technological solutions for management applications to help management agencies enhance their capacity and effectively handle early detection, warning, prevention of counterfeit goods and commercial fraud.

Experts also believe that livestream sales are a clear manifestation of the creative economy – where knowledge, technology and culture blend to create new values. But “creativity” only has real meaning if it is guided by law, ethics and social responsibility. From the perspective of innovation, each individual and influencer in society is not only a seller, but also a “creator of cultural value and trust”.

If we know how to take advantage of opportunities, manage risks and comply with the law, livestream sales will become a driving force for innovation in Vietnam, contributing to building a knowledge-based economy, national brands and a standard consumer culture.

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Source: https://nhandan.vn/livestream-ban-hang-co-hoi-hay-diem-phat-sinh-vi-pham-phap-luat-post916765.html