Influencer blogger "Tizi" has filmed videos of boiled sharks and grilled sharks. Nandu Infographic
Recently, a shark was cooked and eaten by Internet celebrity bloggers in a very exaggerated way, and the related videos caused strong controversy. On August 1, the South China Sea Fisheries Research Institute of the Chinese Academy of Fishery Sciences confirmed to Nandu and N video reporters that the shark involved in the identification of the institute was a man-eating shark, a national second-level protected animal, commonly known as the great white shark. At present, the police in Nanchong, Sichuan Province, have intervened in the investigation. According to relevant experts, the man-eating shark has been included in the IUCN Red List of Threatened Species and belongs to the "vulnerable level". The latest assessment results show that its population trends are in decline.
Nandu reporters noted that protected animals in online live broadcasts and videos are not uncommon, or are sold or eaten. Is there a relevant industrial chain behind such incidents? What are the responsibilities of the anchor, platform, buyer and seller, and transport party involved? What is the survival status of the man-eating shark population that was cooked in this incident? In this regard, Nandu reporters interviewed lawyers, platforms, appraisal agencies, wildlife protection experts, etc., to excavate the relevant situation.
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The man-eating shark cooked by the net red is a national second-class protected animal
On July 14, food influencer blogger "Tizi" filmed a video of boiled and grilled sharks, which caused controversy on the Internet. In the video involved, "Tizi" calls the shark a "big cargo" and also divides the shark into boiled and grilled. In the video screen, the words "artificial breeding is edible" are marked.
Nandu reporter noted that the blogger is in Nanchong City, Sichuan Province. In response to this matter, on July 15, the staff of the Nanchong City Public Security Bureau in Sichuan Province told the Nandu reporter that the police had intervened to investigate. On August 1, the South China Sea Fisheries Research Institute of the Chinese Academy of Fishery Sciences confirmed to Nandu reporters that the shark involved that was sent to the institute for identification was a man-eating shark, a national second-level protected animal, commonly known as the great white shark.
The source of the man-eating shark involved has not been officially disclosed. Some media reported that the great white shark involved was purchased through an e-commerce platform, and at about 19:00 on the same day, the Agricultural and Rural Bureau of Nanchong City, Sichuan Province, issued a statement saying that this was inconsistent with the facts of the case, and the relevant results were subject to the investigation of the public security department.
Nandu reporter noted that the video involved was broadcast on platforms such as Douyin and Kuaishou. On August 1, Nandu reporters inquired and found that on the Douyin and Kuaishou platforms, the accounts of the bloggers involved in the matter, "Tizi", had been banned, and the content was emptied. Among them, only on the Kuaishou platform, the number of fans of "Tizi" before it was banned has reached 7.824 million.
For the review of the video, the staff of the Douyin Service Center responded to the Nandu reporter that the protection of animals requires professional institution identification, and the platform review personnel cannot determine whether it is a protected animal at the first time, and the follow-up platform will focus on the content involving wild animals and improve the relevant mechanism. Kuaishou also responded to Nandu reporters that it will strengthen the review of the platform's wildlife content.
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Illegal hunting, transporting, and trading of man-eating sharks is an offence
Nandu reporter learned from the South China Sea Fisheries Research Institute of the Chinese Academy of Fishery Sciences that there is no artificial breeding of man-eating sharks at present, which means that all man-eating sharks are protected by law. In this incident of eating human-eating sharks, what responsibilities will be borne by the Internet celebrity bloggers, video platforms, buyers and sellers, and transport parties?
In this regard, Liao Jianxun, a lawyer at Guangdong Guoding Law Firm, analyzed and introduced to Nandu reporters that according to article 341 of the Criminal Law, whoever illegally hunts or kills rare and endangered wild animals under key national protection, or illegally acquires, transports or sells rare and endangered wild animals under key national protection and their products, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or have his property confiscated.
Liao Jianxun said that the purchase for the purpose of consumption and meet the statutory standards is suspected of constituting the crime of endangering rare and endangered wild animals. In order to attract attention and win traffic, internet celebrity bloggers have been suspected of violating the law and even committing crimes by shooting videos of boiled sharks and grilled sharks, and those involved in eating may also face corresponding legal sanctions.
Not only the people who bought and ate the man-eating shark, Liao Jianxun believes that the hunters, transports and sellers involved in the incident may have violated the criminal law and will also face legal sanctions.
How should the video platform involved be held responsible? Hou Shichao, a lawyer at Hebei Chizhou Law Firm, believes that the video published by the female blogger involved in the video website violates public order and good customs, violates good faith and involves illegal activities, and has already violated the Cybersecurity Law. The video broadcast platform has the obligation to review the published content, promptly delete the illegal content, prevent the spread of information, and keep relevant records and report to the relevant competent departments. "Obviously, the relevant platform did not do this, resulting in the video being reproduced in large quantities, a large number of dissemination, resulting in a bad impact, so the video platform should bear legal responsibility."
Fu Jian, a lawyer at Henan Yulong Law Firm, also told Nandu reporters that bloggers should abide by the rules of the platform for online live broadcasting or eating broadcasting, and according to the relevant provisions of the Cybersecurity Law, the live broadcasting platform should take technical measures or other necessary measures to prevent it, and the relevant live broadcast platform is suspected of not being in place. "The live broadcast platform shall review the published content, remove the illegal content in a timely manner, and if the platform fails to perform its regulatory obligations, resulting in the dissemination of a large amount of illegal or harmful information, the platform shall also accept administrative penalties while bearing joint and several liability."
Many people are deeply impressed by the murderous and bloodthirsty image of the man-eating shark in the movie "Jaws", but in reality, the survival status of the man-eating shark is not optimistic.
Chen Zuozhi, a researcher at the Fishery Resources Research Office of the South China Sea Fisheries Research Institute of the Chinese Academy of Fishery Sciences, told the Nandu reporter that the man-eating shark is widely distributed in the world's major temperate and tropical seas, mainly inhabiting the northeast and west of the United States, Chile, northern Japan, southern Australia, New Zealand, southern Africa and the Mediterranean coast, and distributed in the East China Sea and the northeast waters of Taiwan, the South China Sea.
Male man-eating sharks reach sexual maturity at lengths of 3.1 to 4.1 m and ages 4 to 10, while females reach sexual maturity at 4.5 to 5 m in body length and ages 7 to 13. Man-eating sharks reproduce in oviparous fetuses, with females giving birth to litters every 2 to 3 years, giving birth to 2 to 10 juvenile sharks per litter, and newborn man-eating sharks are about 1.0 to 1.4 meters long.
It is worth mentioning that the average lifespan of man-eating sharks can reach more than 70 years, which is comparable to that of humans. "Sharks are at the top of the food chain in marine ecosystems, and like tigers and wolves, these animals look fierce, but they can actually play a role in controlling the over-reproduction of organisms." Protecting sharks can effectively maintain the ecological balance of the ocean and the stability of the ecosystem. Chen Zuozhi said.
It is understood that the man-eating shark has been included in the IUCN Red List of Threatened Species and belongs to the "vulnerable level". "The latest assessment of the global great white shark population shows that its population trends are in decline. According to existing research reports, the current global population of man-eating sharks is 3,000 to 5,000. Chen Zuozhi told Nandu reporters that in terms of biology, man-eating sharks grow slowly, mature relatively late, and have a low reproductive rate, resulting in weak reproductive ability. Driven by profit, illegal fishing, trafficking and consumption of sharks occur frequently, threatening the survival of man-eating sharks. In addition, due to the large size of the man-eating shark, it is also easy to be caught by caught in general fishing activities, causing casualties.
Chen Zuozhi introduced that not only the great white shark, but also the survival status of the entire shark population is worthy of attention. The protection of sharks has only been paid more attention in recent years. Therefore, the information on shark species, quantities, current status, life history characteristics and shark product trade in mainland waters is not perfect. "It is imperative to carry out basic research work such as survey and evaluation of sharks."
It is understood that three kinds of sharks, whale sharks, basking sharks and man-eating sharks, have been included in the list of wild animals under national key protection, and the protection level is level two. Chen Zuozhi said that this provides a guarantee for shark protection at the legislative level. He suggested that we should increase the research on sharks and improve the understanding of the species, number, distribution status, migration and other ecological habits of sharks in China's coastal waters. Strengthen the publicity and education of shark protection knowledge, advocate consumers to gradually change their bad lifestyles, and continuously improve the public's awareness of shark protection. At the same time, we will strengthen the management of shark fishing and formulate strategies for the conservation and management of shark resources in China's waters.
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Acts endangering wildlife frequently appear on live broadcast platforms
Nandu reporters searched the legal disclosure platform OpenLaw for the adjudication documents related to "wild animals" and found that the relevant documents were mainly divided into two causes of action, including the crimes of illegally acquiring, transporting and selling rare and endangered wild animals, precious and endangered wildlife products, and illegal hunting and killing of rare and endangered wild animals. In recent years, many precedents have involved live broadcasting platforms, including Kuaishou, Huya, Momo and so on.
In June this year, the State Administration of Radio and Television and the Ministry of Culture and Tourism jointly issued the Code of Conduct for Network Anchors, which clarified 31 kinds of behaviors that must not appear in live broadcasts, including not damaging the ecological environment, displaying animal cruelty, and killing and eating animals under national protection.
Through the live streaming platform
Illegally purchasing and selling animals protected by the State
In January 2020, Yao, Zhejiang Province, drove a monkey back to Tongxiang from Hangzhou to Tongxiang via the new crown epidemic checkpoint to open the trunk for inspection, the monkey fled, and the next day the monkey was captured and identified as macaacamlatta, a national second-class protected animal. It is reported that the monkey was purchased by Yao at a price of 15,000 yuan in Kuaishou and raised at home. The Tongxiang Municipal People's Court of Zhejiang Province held that Yao's conduct constituted the crime of illegally purchasing rare and endangered wild animals, and sentenced him to six months' imprisonment, suspended for one year, and fined 10,000 yuan.
According to the first-instance judgment released by the Pingchuan District People's Court of Baiyin City, Gansu Province, local Zhang Mou purchased more than 20 parrots of different varieties from him through Taobao live broadcast and Taobao store pictures from him between August and November 2020. Among them, from October to November, he purchased four suspected sun parrots and one suspected monk parrot at a price of 1,000 yuan each through Taobao and raised them at home. On November 26 of the same year, the police of the Pingchuan Branch of a certain bureau in Baiyin City seized the five parrots, Zhang deliberately released two suspected sun parrots, and the rest of the parrots were detained on the spot. After identification, one of the parrots is a parrot of the family Parrotidae and a monk parrot, and two parrots are sun-tailed parrots of the family Parrotidae, both listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which are national second-level key protected wild animals with a total value of 30,000 yuan. The court convicted Zhang of illegally purchasing rare and endangered wild animals and sentenced him to one year and three months in prison, suspended for two years, and fined him RMB 10,000.
In addition to wild animals included in the list of wildlife under national key protection, there are other cases in which "three wild animals of the state" appear, that is, they are included in the "List of Terrestrial Wild Animals of Important Ecological, Scientific and Social Values Protected by the State". In October 2019, the Shou County People's Court in Anhui Province issued a judgment showing that defendant Jiang Mou hunted wild animals with hunting tools such as animal clips and slingshots in the game reserve area without approval, and sold his illegally hunted wild animals to all parts of the country through WeChat and Huya live video platforms. According to the appraisal, among the animals and animal remains hunted by Jiang and sent for examination, the bead-necked spotted dove, the black water chicken (red bone top), the pheasant (ring-necked pheasant), and the grass rabbit were all listed as "national three wild animals".
The court ruled that Jiang had committed the crime of illegal hunting and sentenced him to one year's imprisonment and a fine of 5,000 yuan; Wang, who helped him in the illegal hunting, was sentenced to six months in prison, suspended for one year, and fined 2,000 yuan. In addition, the two must jointly compensate for the loss of resources caused by the hunting of national wildlife of 116,400 yuan, and apologize to the public in the provincial media for illegal hunting of wild animals.
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Live stream illegal wildlife hunting
In addition to using the live broadcast platform as a publicity channel for the sale and purchase of wild animals, there are also cases showing that some defendants live broadcast the process of hunting wild animals on the live broadcast platform.
According to the information released by the judgment document network, from November 2018 to late March 2019, Shen Mou of Shitai County, Anhui Province, without obtaining a hunting license, in order to enhance his popularity on the Momo platform, repeatedly used hunting dogs and by placing iron clips to hunt wild animals in Wucun Village and Qijing Village Mountain Farm in Qidu Town, and part of the hunting process was broadcast live on the Momo APP.
During this period, Shen hunted a total of wild animals such as wild boars, badgers, and weasels, and a white stork and two spoon chickens of the national second-level key protection wild animals, of which one white egret and one spoon chicken were released by him, and the other spoon chicken was taken home for consumption after death. After the court's judgment, Shen was convicted of illegally hunting and killing rare and endangered wild animals, and was sentenced to two years and five months in prison, suspended for three years, and fined 6,000 yuan.
In 2018, Ou Mou of Lanshan County, Hunan Province, broadcast the process of hunting wild animals and the wild animals hunted on the platform through the "Kuaishou" live broadcast platform for profit. According to the documents, Ou used electric fishing, lighting and other methods to hunt a total of 5 bamboo rats, 7 silver ring snakes, about 7 pounds of stone frogs, and about 6 pounds of yellow frogs in the mountains and farmland around Lianyun Village in Lanshan County, violating hunting regulations, using prohibited tools and methods to hunt in the forbidden hunting area and during the forbidden hunting period, destroying wildlife resources, the circumstances were serious, and his behavior has constituted the crime of illegal hunting, and he was sentenced to four months of detention and eight months of probation.
Producer: Nandu Instant Nandu Big Data Research Institute
Written by: Nandu reporter Chen Yan, Yang Tianzhi, Huang Chibo, interns Ding Xiaoyan, Tian Heng, Liao Yongmei, Wang Yixue