HIGH-VALUE GIFTING DURING IDOL LIVESTREAMS: CAN DONORS RECLAIM THEIR MONEY?

With the rapid advancement of digital technology, social media platforms have evolved beyond mere communication tools to become interactive spaces where users engage with and express admiration for idols and key opinion leaders (KOLs). One of the most prevalent forms of such admiration is the act of sending virtual gifts during livestreams on platforms like TikTok. While this practice carries emotional significance, it also holds substantial economic weight, as many individuals are willing to spend considerable sums on these digital offerings. However, a recurring dilemma arises when donors experience regret and seek to reclaim the money spent on these gifts. This raises a critical legal question: Do individuals who voluntarily transfer funds in the form of virtual gifts have a legitimate right to demand a refund? This article examines the issue through a legal lens, exploring the contractual and consumer protection implications of such transactions.

1. 1. Legal basis for virtual gift transactions

Pursuant to Article 457 of the 2015 Civil Code of Vietnam, a gift contract constitutes a civil transaction in which the donor transfers ownership of an asset to the recipient without requiring compensation. Additionally, the validity of such transactions must be assessed in accordance with Article 117 of the Civil Code, which stipulates three essential conditions: (i) the parties involved must possess the requisite legal capacity and civil act capacity for the transaction; (ii) the transaction must be entered into voluntarily; and (iii) its purpose and content must not contravene statutory prohibitions or violate social ethics. In the context of virtual gift-giving on online platforms, such transactions are legally classified as gift contracts. Once a donor finalizes the transaction and the platform system confirms the transfer, the transaction is deemed legally valid, leaving little room for claims seeking reimbursement. Moreover, social media platforms such as TikTok explicitly state in their policies that once virtual items have been transferred and the gifting process is complete, users forfeit the right to cancel the transaction or request a refund. By consenting to the platform’s terms of service, users acknowledge that virtual gifts, once given, are irrevocable and non-refundable.[1]

2. 2. Cases in which a transaction may be declared invalid

Although platform policies generally stipulate that virtual gifts are non-refundable, certain legal circumstances may render a transaction invalid under the 2015 Civil Code of Vietnam: - Transactions rendered void due to mistake (Article 126 of the 2015 Civil Code): If a donor can substantiate that they made a material mistake when completing the transaction—such as selecting the wrong recipient, entering an incorrect amount, or misunderstanding the fundamental nature of the transaction—they may petition the court to annul the transaction and seek restitution. - Transactions rendered void due to fraud (Article 127 of the 2015 Civil Code): If an idol engages in deceptive practices—such as making false promises of reciprocation or misleading donors into sending money under fraudulent pretenses—this may constitute fraudulent inducement. In such cases, the donor may pursue legal action to have the transaction declared invalid and reclaim the transferred assets. - Transactions involving minors (Article 125 of the 2015 Civil Code): If an individual under the age of 15 enters into a transaction without parental consent, or if a child under the age of 6 engages in a transaction independently of their parents, the contract may be deemed legally void. Additionally, under TikTok’s platform policies, users must be at least 18 years old to purchase and send virtual gifts via livestream. If a minor engages in such transactions, they are not a legally recognized party under TikTok’s terms of service. In such instances, parents may present evidence and petition the court to invalidate the transaction. [2]If a minor engages in such transactions, they are not a legally recognized party under TikTok’s terms of service. In such instances, parents may present evidence and petition the court to invalidate the transaction.

3. 3. Criminal Liability for Fraudulent Acts

If an idol intentionally engages in deceitful conduct to misappropriate a fan's assets, they may face criminal prosecution under Article 174 of the 2015 Criminal Code for the offense of “Fraudulent Appropriation of Property” or under Article 175 for “Abuse of Trust to Appropriate Property.” To establish criminal liability under these provisions, the following legal elements must be satisfied: (i) Deceptive conduct – The idol must have made dishonest statements or false promises, deliberately misleading fans into giving gifts or money. (ii) Intent to misappropriate property – The idol must have acted with the intent to unlawfully appropriate the fan’s assets by exploiting their trust. (iii) Material loss – There must be actual financial harm. Under Article 174, the misappropriated amount must be at least 2,000,000 VND, and under Article 175, at least 4,000,000 VND for the offense to be prosecutable. In cases of fraud, the donor may gather evidence—such as video recordings and message exchanges—and file a criminal complaint with law enforcement in the idol’s registered place of residence or the donor’s jurisdiction. However, victims should be aware of the significant challenges in reclaiming gifted assets, as transactions occur in cyberspace, the residency of idols or KOLs is often ambiguous (with many residing abroad), and there may be insufficient verifiable evidence to support a claim.

4. 4. Measures to Mitigate Risks When Gifting on TikTok

To minimize legal risks and safeguard their interests when engaging in high-value virtual gifting transactions during livestream sessions, users should adopt the following precautionary measures: - Familiarize yourself with platform policies. It is crucial to thoroughly understand the regulations of social media platforms regarding virtual gift transactions, particularly the non-refundable policy once a gift has been sent. Users should carefully evaluate their decisions and refrain from making impulsive transactions driven by momentary emotions or unverified promises. - Be wary of psychological manipulation. Some idols may deliberately create an emotionally charged atmosphere or make vague, non-binding promises to encourage fans to send gifts. Users should exercise caution and assess the authenticity of such interactions. - Implement spending controls. To prevent excessive expenditures, users can leverage spending limit features offered by banks and e-wallet services, helping them maintain financial discipline and avoid impulsive overspending. - Consider alternative support methods. Instead of virtual gifts, users may explore other forms of support, such as purchasing products promoted by idols, which provide tangible value and a clearer transactional framework. - Parental supervision is essential. Parents should closely monitor their children's use of TikTok, particularly their participation in livestream sessions involving virtual gift transactions. Given that TikTok requires users to be at least 18 years old to engage in such transactions, parental oversight is critical in preventing unauthorized purchases by minors.

5. 5. Conclusion

Seeking a refund after sending a virtual gift on TikTok presents a legally intricate challenge, as such transactions are voluntary and subject to both the 2015 Civil Code and the platform’s regulations. In most cases, reclaiming funds is not a viable option. However, if there is clear evidence of mistake, fraud, or transactions conducted by minors without parental consent, the donor may have legal grounds to request a refund or report the misconduct to authorities. Ultimately, the most effective safeguard lies in legal awareness. Users must equip themselves with a thorough understanding of both platform policies and legal frameworks to protect their rights and minimize potential risks when engaging in financial transactions on social media.   [1] TikTok, Virtual Items, https://www.tiktok.com/legal/page/row/virtual-items/en“However, if you purchase Coins, you acknowledge and agree that we start supplying the Coins to you as soon as the purchase is complete and therefore, your right to cancel or withdraw from the agreement to purchase is lost at this point.”   [2] TikTok, Virtual Items, https://www.tiktok.com/legal/page/row/virtual-items/en“Only users 18 years old or older (or the age of majority in your jurisdiction) can: buy Coins and Gifts; send Gifts to other Users; receive Gifts with monetary value; or earn Diamonds and withdraw Diamonds.”