Live streaming sales are booming, identity authentication must be cautious.
Compiled from: Lanshan Court
Case review
At the beginning of 2019, Ms. Wang met and fell in love with Mr. Li. With the rising popularity of short video platforms and online sales, the two decided to sell clothing together through live streaming online. Ms. Wang used her own ID card to register a Kuaishou account "123abc" and completed real-name authentication, but the relevant business registration showed the information of the store operated by Mr. Li.
During the period of using this Kuaishou account, Mr. Li and Ms. Wang each conducted multiple live streams on this Kuaishou account. While selling a large number of products, they also attracted a lot of attention from fans. Mr. Li stated that the daily sales of the Kuaishou store average 100 items, with a daily profit of 400 yuan.
At the beginning of 2020, Ms. Wang and Mr. Li broke up. In May, without Mr. Li's knowledge, Ms. Wang changed the password of her Kuaishou account '123abc'. Mr. Li was unable to log in and use the Kuaishou account. After repeatedly asking Ms. Wang for the password and receiving no response, Mr. Li took Ms. Wang to court.
Focus of Dispute
The plaintiff, Mr. Li, claims that the disputed Kuaishou account was registered using Ms. Wang's ID card and requests that Ms. Wang return the ownership and management rights of the disputed Kuaishou account.
The defendant Wang claimed that this Kuaishou account was lawfully registered by herself, with both the registrant and user being herself, and has no relation to Mr. Li.
[1] Court Opinion
The court held that, according to Kuaishou's "User Service Agreement," Kuaishou users must complete real-name authentication. After filling in the information as prompted on the registration page, reading and agreeing to Kuaishou's "User Service Agreement," and completing all registration procedures, users can obtain a Kuaishou platform account. Personal valid identity information must be consistent with the registered identity information. In this case, the Kuaishou account "123abc" was registered by the defendant Ms. Wang after completing real-name authentication with her own ID card; therefore, Ms. Wang has the right to use this account.
The plaintiff Li claimed to have borrowed the ID card of the defendant Wang to register a Kuaishou account. The defendant did not acknowledge this. The evidence provided by the plaintiff could not sufficiently prove his claim; therefore, the plaintiff's evidence is insufficient. The court does not recognize the plaintiff's claim that the defendant borrowed the Kuaishou account for use.
In summary, the plaintiff requested that the defendant return the ownership and management rights of the plaintiff's Kuaishou account '123abc', assist the plaintiff in changing the account password on the Kuaishou platform, and other related work. Due to insufficient evidence, the court does not support this. The defendant has no fact or obligation to return the disputed Kuaishou account to the plaintiff as agreed. According to the relevant laws, the plaintiff Li's claims are dismissed.
[1] The author's perspective
With the rapid development of the modern Internet industry, various online platforms such as Kuaishou and Douyin have become increasingly popular. These platforms not only provide short video browsing but also offer live-streaming e-commerce functions, greatly promoting economic development. At the same time, these platforms have transformed from purely entertainment software into shopping platforms, possessing certain commercial value and therefore having quasi-property characteristics, legally protected by law.
In recent years, several rules and measures for regulating online live streaming platforms have been introduced, such as the "Administrative Measures for Online Performance Business Activities," "Regulations on the Management of Internet Live Streaming Services," "Regulations on Strengthening the Management of Online Performances," and "Notice on Strengthening the Management of Online Live Streaming Services." According to relevant requirements, live streaming platforms must undergo filing and licensing, perform real-name authentication for streamers, establish livestream content review systems, fulfill content log retention requirements, prioritize privacy protection, and establish a credit rating management system and blacklist management system, among other measures.
In addition, merchants joining live streaming platforms should lawfully protect consumers' legitimate rights and interests, actively fulfill the commitments made during live streaming activities, and provide after-sales services such as return and exchange guarantees in accordance with the law.
