Basically, the delegates agreed with the draft and the content of the audit report of the Economic and Financial Committee; at the same time, they had specific recommendations.
Celebrities livestream selling poor quality products
Delegate Hoang Thi Thanh Thuy ( Tay Ninh Delegation) said that the draft has provisions stipulating the responsibilities of three entities: Sellers, livestreamers and platforms. However, when comparing with reality, there are still cases of famous people livestreaming to sell poor quality products, exaggerating the effects of functional foods or using virtual seeding techniques to manipulate buyers' trust.
Along with that, there are still some gaps that need to be clarified to increase the feasibility of the law. Specifically, the obligation not to provide false information in the draft law is only a principle, there is no control mechanism before broadcasting, especially for items that affect public health.
The draft's minimum 1-year retention period for livestream data is not sufficient to handle long-term disputes; the draft also does not clearly stipulate consumers' right to access recordings and their responsibility to provide them to the management agency. In the event that the livestreamer provides information that exceeds the confirmed advertising content, there is currently no separate handling mechanism, especially regarding joint responsibility with the seller.
The delegate suggested that the drafting agency add content, including a pre-live control mechanism for livestream sessions advertising special uses for products that affect health such as functional foods and cosmetics, in the direction of requiring sellers or livestreamers to provide product records to the platform for conditions review.
At the same time, according to the delegate, the joint responsibility of livestreamers needs to be clarified in cases of providing false information; additional sanctions such as banning livestreaming for a certain period of time should be added.
“It is necessary to consider classifying influential livestreamers or livestream sessions with high revenue to apply a stricter control mechanism, similar to what some countries are applying,” the delegate suggested.
Delegate Do Duc Hien (Ho Chi Minh City Delegation) said that the draft Law does not yet specify which violations will result in e-commerce platforms being publicly notified by competent state agencies of violations of the law. At the same time, the draft does not clearly state whether the consequences of the competent agency publicly notifying violations of the law will lead to the platform having to temporarily suspend or terminate its operations.
“In case of minor violations of the law, only administrative sanctions will be applied, not to the extent of suspension or termination of operations. I think this regulation is not appropriate and I suggest that the drafting agency clarify and revise it further,” the delegate suggested.
From another perspective, delegate Doan Thi Thanh Mai (Hung Yen Delegation) said that currently, more than 90% of the Vietnamese e-commerce market belongs to foreign-invested platforms. This means that most of the cash flow, data and profits flow out of the country, while domestic enterprises, despite their capacity, find it difficult to compete because they have not received appropriate support mechanisms.
Therefore, delegates proposed that the law should aim to have policies to encourage, prioritize and protect Vietnamese e-commerce platforms, considering this an important digital economic infrastructure of the country, similar to telecommunications or banking, only then can an independent and autonomous digital commerce platform of Vietnam be formed.
Responsibility for protecting children in e-commerce
Delegate Nguyen Thi Viet Nga (Hai Phong Delegation) said that livestream sales activities are not simply commercial activities but have become a form of entertainment content, attracting a large number of viewers, including children and minors. However, the draft Law does not have specific regulations to protect this group of people when participating in livestream sales.
To protect children and minors from livestreams with inappropriate content, introducing products that are not suitable for their age, or even harmful to children, delegates proposed to study and supplement regulations requiring e-commerce platforms to control and classify livestream content by age, and display warnings when the content contains sensitive, dangerous, or inappropriate elements for children.
At the same time, delegates recommended requiring livestreamers and sellers to select an age classification mode for livestream sessions selling products that are not suitable for each age group. In particular, when livestreams are discovered to have content that is not in accordance with customs, culture, legal regulations, and harmful to children, there should be a reporting mechanism and coordination between the platform and the management agency to quickly remove that livestream content.
Delegate Trinh Thi Tu Anh (Lam Dong Delegation) said that with more than 90% of children aged 6 to 17 using the internet and smart devices for at least 1 hour a day, we have about 15 million digital citizens growing up with phones, e-commerce platforms, and AI algorithms that know what they like better than their parents.
Based on the current shortcomings, delegates proposed adding an article on the responsibility to protect children in e-commerce, placing legal responsibility on the owners of large digital platforms, including completely banning advertising based on personal data, behavior or location of underage users. Children's accounts must be private by default and must provide features that allow children and parents to choose real-time display, not personalized by algorithms.
At the same time, platforms need to build child-friendly reporting buttons - using images or voices - and handle complaints about harmful content within strict deadlines. “Adding this provision is an action to protect more than a million digital citizens from algorithmic exploitation, ensure privacy and promote healthy consumption, affirming Vietnam's pioneering role in building a sustainable and humane digital economy,” the delegate suggested.
At the discussion session, Deputy Prime Minister Bui Thanh Son spoke to receive and explain the opinions of the delegates. Specifically, at the group discussion session on November 3, there were 69 comments and today there were 15 comments and one debate. The drafting agency took full notes and accepted them to coordinate with the reviewing agency and experts to continue perfecting the draft Law to be submitted to the National Assembly.
Source: https://hanoimoi.vn/dai-bieu-quoc-hoi-lo-ngai-tinh-trang-nguoi-noi-tieng-livestream-quang-cao-sai-su-that-723167.html
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