Nowadays, the live broadcasting industry is on the rise
Anyone can be an anchor
Webcasts are on fire
But something can be sown
You have to have a number in your mind
REC
Recently, netizens reported that a male doctor was suspected of broadcasting gynecological surgery through Station B, and the live broadcast room was repeatedly warned and cut off during the live broadcast, and then permanently banned.
The Donggang Branch of the Public Security Bureau of Rizhao City, Shandong Province, reported on the 18th that after receiving the report from the masses, it immediately investigated the relevant personnel of the hospital involved, and the doctor involved, Li Mou, was arrested.
Can anything be broadcast on a webcast?
Of course not!
Live streaming is now common though
But it should also be done within the framework of the law
Online live broadcasting is illegal and chaotic
With the vigorous development of the digital economy, online live broadcasting has become an emerging industry, which promotes economic and social development and enriches people's spiritual entertainment life at the same time, but also some live broadcast content illegal chaos, constituting civil torts and even illegal crimes, causing public opinion to pay attention.
In the live broadcast boom, in order to achieve the purpose of increasing clicks and ratings, some people live broadcast vulgar, hunting such as pornography, gambling and drugs, "big stomach king", "brawl kidnapping" and other content, which may be suspected of violating the law or even committing crimes.
Some anchors broadcast some activities with a private nature without the permission of others. This may infringe on the portrait rights and privacy rights of others, and seriously also need to bear legal responsibility.
With the rise of live broadcasting, the use of music and video resources in the live broadcast room is increasing. The anchor obtains the reward income by singing the cover song and shares it with the platform. However, it is also likely to be suspected of infringing the copyright of others.
In live streaming, some anchors exaggerate the function and quality of products when promoting products. However, according to the provisions of the Mainland Advertising Law, exaggerating the efficacy of products and misleading consumers' consumption behavior is false publicity. In addition, live streaming may also have problems such as not disclosing license information in accordance with regulations, misleading prices, and risks of private transactions without significant prompts.
Live streaming platforms are to blame
In the face of the illegal chaos of live broadcast content, what kind of legal responsibility should the live broadcast platform bear in it?
Article 1197 of the Civil Code provides that where a network service provider knows or should know that a network user is using its network services to infringe upon the civil rights and interests of others, and fails to take necessary measures, it bears joint and several liability with the network user.
This clarifies the review obligations of network service providers such as live streaming platforms. Live streaming platforms should be more cautious about the content that the platform likes, forwards, and recommends.
On November 23, 2020, the State Administration of Radio, Film and Television issued the Notice of the State Administration of Radio and Television on Strengthening the Management of Online Show Live Broadcasting and E-commerce Live Broadcasting, which requires:
1. The online show live broadcast platform and the e-commerce live broadcast platform should adhere to the correct direction of giving priority to social benefits, actively spread positive energy, show truth, goodness and beauty, focus on shaping healthy spiritual interests, and promote the clarity of the online audio-visual space;
2. The platform that opens the online show live broadcast or the e-commerce live broadcast should implement the principle of synchronization of management and construction, and accurately implement the requirements of matching the platform management strength with the ability to open the live broadcast room to the number of people. At this stage, the overall ratio of the number of front-line reviewers and online live broadcast rooms of the relevant platforms shall not be less than 1:50;
3. The online show live broadcast platform shall study and adopt targeted management measures to support the superior and punish the inferior according to the characteristics of the live broadcast program of different content. Each live show room must mark the program category and live room number on the live broadcast page. Anchors changing the category of programs in the live broadcast room must be reviewed by the website, and must not be changed without passing the review;
4. It is necessary to do a good job in the training of anchors, especially the head anchors, policies, laws, regulations and related knowledge. For live broadcast rooms and anchors that have multiple problems, measures such as stopping recommendations, limiting the duration, sorting the bottom, and rectifying within a time limit should be taken. For those with serious problems and repeated teachings, close the live broadcast room, include the relevant anchors in the blacklist and report to the competent departments for radio and television, and do not allow them to change the "vest" or change the platform to start broadcasting again;
5. Platforms for opening online show live broadcasts and e-commerce live broadcasts should actively explore the use of new technologies such as big data and artificial intelligence to serve live broadcast programs that are encouraged and advocated, so that algorithms can support the push of high-quality audio-visual content, and achieve accurate early warning and timely blocking of illegal and undesirable content.
As a new format and a communication medium connecting network anchors and the public, the live broadcast platform has produced some negative problems that cannot be ignored while vigorously developing. In this regard, it is necessary to strengthen the assumption of civil liability through the implementation of the civil code and other legal provisions, and to implement industry regulations such as the "Provisions on the Administration of Internet Live Broadcasting Services" and the "Measures for the Management of Online Performance Business Activities", and strengthen the self-discipline guidance and supervision of the industry, so as to promote the healthy and orderly development of the live broadcasting industry.
Live broadcasting as a new format
Gave many new pleasures and options
But anyway
The people behind the live stream
None should disregard public order and good customs
Trampling on the regulatory bottom line
Source: Xinhua News Agency, People's Daily, Central Political and Legal Affairs Commission An Jian, Guangming Daily