Male doctors suspect that online live broadcast of gynecological surgery has been caught, where is the border of doctors' live broadcast under the tide of Internet celebrities?

21st Century Business Herald reporter Ji Yuanyuan Shanghai report On January 18, the Donggang Branch of the Rizhao Municipal Public Security Bureau issued a briefing saying that the Donggang Branch of the Rizhao Municipal Public Security Bureau received a report from the masses that a doctor suspected of broadcasting gynecological surgery clips on the Internet, and the doctor involved, Li Mou, had been arrested. The case has been filed and the case is under further investigation.

According to the netizens who broke the news, he accidentally entered a live broadcast room at Station B on the afternoon of January 15, and learned from the dialogue in the live broadcast room that a male anesthesiologist conducted a live broadcast when a female patient was undergoing gynecological surgery. The netizen also said that during the live broadcast, the female patient had asked a female doctor present whether the male personnel at the scene were the doctors who operated on them, and the female doctor said that the person was an anesthesiologist. Since then, netizens have said that because they are unaware, the female patient has been secretly photographed by the male anesthesiologist and broadcast live during the operation, during which the male anesthesiologist's colleagues have not stopped the behavior.

In recent years, the rapid development of the live broadcasting industry has led to many violations and illegal content being repeatedly disseminated. So, is there a legal liability for live streaming surgery on the web?

In this regard, Deng Liqiang, executive director of the China Health Law Society and deputy director of Beijing Huawei Law Firm, said in an interview with the 21st Century Business Herald reporter that the doctor's live broadcast on the Internet is very inappropriate, in addition to the live broadcast of teaching and scientific research materials, any live broadcast without the consent of the patient is an invasion of the patient's privacy. The incident attracted much attention mainly because it involved gynecological surgery and male anesthesiologists, followed by gynecological surgery.

"If the live broadcast outside of scientific research and teaching does not obtain the consent of patients, it is an infringement on the rights and interests of patients." Because the most fundamental relationship between our doctors and patients is a civil contractual relationship, and this contract has its own characteristics, which are characterized by the privacy of this case. Medical treatment requires information from the doctor and permission to examine his body, an attribute not found in other contracts. That doctor needs to keep the patient's relevant private data confidential, which is a matter of course, and it is also the original intention of the law and the requirement of the law. Deng Liqiang said.

Putting on a show with the help of medical science is subject to administrative responsibility

Behind this incident also reflects a common phenomenon, in recent years, doctors to carry out science live broadcast has become more and more popular, the boundaries of live broadcasting are constantly ignored. With the development of Internet medical and social platforms, more and more doctors choose to carry out medical science popularization through live broadcasting, but the hidden risks are rarely noticed, and the boundary problem of doctors' live broadcasting has also been ignored.

In this incident, the anesthesiologist involved in the case was employed as Rizhao Central Hospital. After the incident, a staff member of the party hospital office of the hospital involved in the rizhao central hospital said that the hospital's management was very strict. To protect patient privacy, monitoring is also not installed in the core area of the hospital's operating room. At present, attention has been paid to this incident, and the public security department has intervened in the investigation and is waiting for the results of the public security investigation.

Medical and doctors have always been regarded as a serious industry and profession, why do such unserious events occur? Can doctors do mobile phone video footage during surgery?

A staff member of the Rizhao Municipal Health Commission said that each agency has the regulations of each agency, the code of conduct, etc., but there is no general regulation. As for whether medical staff can bring mobile phones and other equipment into the operating room, there is currently no unified regulation, "He sometimes has to bring (mobile phones) in, there are some work things to deal with, there is this possibility." Doctors generally have surgery and can't answer the phone, it should be said that you can't answer private calls during work, but the work phone can be answered by others. The staff member said in an interview with the media.

In this regard, Deng Liqiang said in an interview with the 21st Century Business Herald reporter that in this case, there was no patient consent to live surgery, which obviously has nothing to do with this popular science, because the science popularization does not know these steps of surgery, so this is a show in the name of science popularization. Popular science should be a professional interpretation of a type of disease, rather than a live broadcast in the operating room. At the same time, the live broadcast of surgery without the consent of the patient is not respecting the patient's personality rights, which is an infringement of the patient's rights and interests, and should bear administrative responsibility.

"If the administrative organ believes that such an act is inappropriate, it should be given an administrative penalty, or if it is sued by the patient, civil liability should be imposed." In this case, it was not appropriate for the police to intervene in the investigation of the case, and it was recommended that this dispute be resolved through civil and health administration, so it was also recommended that the police transfer it to the health administration department to deal with the follow-up developments after the investigation of the incident. Deng Liqiang added.

In fact, the relevant institutional level has always constrained this behavior. The new Physician Law, which came into effect on 1 March 2022, points out that health education and health guidance should be provided to patients and the public, protect patients' privacy and personal information in accordance with the law, and publicize and promote health science knowledge suitable for their posts; Article 1226 of the Civil Code also clearly stipulates that medical institutions and their medical staff shall keep patients' privacy and personal information confidential. Where patients' privacy and personal information is leaked, or their medical records are disclosed without the consent of patients, they shall bear tort liability.

There are security risks behind the rapid development of live broadcasting platforms

In addition to the responsibility of the doctors involved, the responsibility of the platform cannot be ignored. After the incident, China Women's Daily pointed out in the comments that such a live broadcast with no lower limit should be dealt with immediately at the first time, rather than cutting off after repeated warnings to the anchor, so that the live broadcast screen flowed out and caused secondary harm to the patient.

Behind the live broadcast, there is also a traffic effect of the urging. According to the latest disclosed platform data, in 2021, the number of monthly broadcasters of Station B increased by 50% year-on-year, the number of revenue anchors increased by 59% year-on-year, and the per capita income of anchors increased by 38% year-on-year, and the overall ecology showed rapid development. In addition, the rapid growth of the user base of Station B and the expansion of revenue. According to the third quarter of 2021 financial report, the third quarter report of 2021 shows that Station B achieved operating income of 5.207 billion yuan, an increase of 61.41% year-on-year, and Station B advertising business achieved operating income of 1.172 billion yuan, an increase of 110% year-on-year. The average monthly paid users of Station B increased by 59% year-on-year to nearly 24 million, and the payment rate increased to 8.9%. In response to this trend, Chen Rui, chairman and CEO of Shanghai Bilibili Technology Co., Ltd., said on the company's conference call that the quality of users of Station B is very high, and it is expected that the future payment rate will reach double digits.

It should be known that in the first quarter of 2020, the revenue of Station B was still 2.32 billion yuan, and the monthly active users were 172 million, and in May of the same year, the market value of Station B surpassed iQiyi for the first time. By the third quarter of 2021, the total revenue of Station B has reached 5.21 billion yuan, and the number of monthly active users has reached 267 million.

After the incident, Station B said on January 17 that it had removed the relevant content, banned the account that uploaded the above content, and reported the account information to the competent authorities, and the follow-up investigation was underway. Station B also warned that such acts are suspected of serious violations of personal privacy and are illegal acts. Once discovered, it will be dealt with seriously in accordance with the law. If a user notices such content, contact live chat immediately.

In response to the relevant liabilities of Station B in the incident, Ding Jinkun, a lawyer at Shanghai Dabang Law Firm, told the relevant media that if the website finds an illegal video or deletes it in time after receiving a notice of deletion, it does not need to bear civil liability; if it is lazy to delete, or if it should be found but the illegal video is not found and the transmission is caused, it will bear the liability for network infringement.

In addition, there are also views that under the rapid development, with the continuous rise in the number of users, there are also audit problems in Station B. Due to improper review, on December 3, 2020, because someone reported that there was vulgar content on the platform, Station B was interviewed by the relevant departments of Shanghai Municipality and ordered to rectify. According to the transfer clues, in 2020, the relevant departments of Shanghai Municipality punished the administrative case of Station B six times and interviewed more than ten times. In February 2021, some netizens reported that Station B was terminated by some brand owners due to its contempt for female users and a large-scale ban on female accounts, and many topics such as "Station B was blocked by some brands" rushed to Weibo hot search.

In this way, how to do a good audit pass in the follow-up, improve the manual review system, and improve the efficiency and quality of technical audits have also become the direction that B station needs to further improve.

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