最高人民法院公布的典型案例认定，东方甄选在直播带货中对江小白产品的评论构成商业诋毁。[1] 法院判令东方甄选赔偿江小白经济损失及合理开支共计30万元，双方均未上诉。[1]
事件源于2024年7月，东方甄选主播天权在直播中发表了片面对比和不当关联的言论。[1] 主播声称"江小白包装上没有'白酒'两个字，因为不允许"、"买江津小曲没有小金标，因为它不是固态蒸馏的，所以不能算固态酒"。[1] 法院认定直播带货属于经营行为，主播在对同类产品进行评论时应当履行审慎注意义务，损害竞争对手商业信誉的言论构成商业诋毁。[1]
China's Supreme People's Court has released a typical case ruling that found Oriental Selection liable for commercial defamation during livestream e-commerce sales.[1] The court determined that statements made by Oriental Selection's anchor about Jiangxiaobai products constituted unfair comparative commentary and improper association, ultimately ordering Oriental Selection to compensate Jiangxiaobai for economic losses and reasonable expenses totaling 300,000 yuan.[1] Neither party appealed the decision.[1]
The dispute centered on remarks made by Oriental Selection anchor Tianquan in July 2024 regarding Jiangxiaobai's products.[1] The anchor claimed that "Jiangxiaobai's packaging lacks the characters 'white liquor' because it is not permitted," and further stated that "buying Jiangjin small qu without the small gold label means it is not solid-state distilled, so it cannot be counted as solid-state liquor."[1] The Supreme People's Court ruled that livestream e-commerce activities constitute business operations, and hosts bear a duty of due diligence when commenting on competing products.[1] The court concluded that statements damaging to a competitor's commercial reputation in such contexts constitute commercial defamation.[1]