Internet celebrities pose for show consumption disasters, rule of law daily newspaper articles: heroic sacrifice, clown nuggets

A heavy rainfall is like a mirror: "retrograde heroes" rush to the forefront of danger regardless of their bodies, and various Internet celebrities wait for the opportunity to seize the "traffic bonanza".

Recently, affected by typhoon "Du Surui" and other places, extreme rainfall processes occurred in North China, Huanghuai and other places, causing casualties. During the critical period of emergency rescue and disaster relief, some Internet celebrities once again refreshed their social cognition - there were Internet celebrities wearing red vests pulling an elderly man to pose for a show in stagnant water; What's more, they ran to the door of the victims of the rescue team to "hee-ha-ha".

Internet celebrities rubbing traffic at disaster relief sites is not new. Two years ago, when Henan Weihui was seriously waterlogged and urgently needed rescue, some Internet celebrities flocked to the city, resulting in "more vehicles and traffic congestion". Some netizens were indignant: "The hero sacrificed to save people, but the clown was digging for gold." A rescuer also complained: "The disaster relief site is not a place for you to create Internet celebrities, I hope not to come again!" ”

A number of experts interviewed by the "Rule of Law Daily" reporter pointed out that chasing traffic is understandable, but it is necessary to abide by the basic social order and the bottom line of law and morality. Disasters are not a gimmick to traffic, and this social consensus needs to be strengthened. Network platforms should truly fulfill their responsibilities and responsibilities in defending the territory, and comprehensively use a variety of technical means to guide users to jointly create a clean and healthy network ecology. More importantly, Internet celebrities should be in awe, keep the bottom line, and avoid earning unrighteous traffic by destroying public order and good customs.

Pose in front of the deceased's house

Suspected infringement of morality

In the rescue of heavy precipitation in Beijing-Tianjin-Hebei, Wang Hongchun and Liu Jianmin, members of the Blue Sky Rescue Team in Fangshan District, Beijing, unfortunately died.

On August 4, the Fangshan Blue Sky Rescue Team issued a relevant notice, saying that according to the discipline of "Fangshan Blue Sky" and the performance of the two team members who consistently did not accept gifts before their deaths, after seeking the opinions of their families, they decided not to accept donations and materials from individuals, units, enterprises and foundations in the society.

However, some media reported that Chen Haijun, the captain of the Fangshan Blue Sky Rescue Team, revealed that after the sacrifice of Wang Hongchun and Liu Jianmin, some Internet celebrities inquired about their place of residence, "took something, took some money and went to the house, and also pulled family members to take photos, and some people will ask some exciting questions" and "Some bloggers will also open a live broadcast at the door of the deceased's house, hee-ha-ha."

This incident caused the anger of netizens, who condemned one after another: "no bottom line", "blocking accounts without a bottom line", "like a fly, the state should set a bottom line for unconscionable Internet celebrities"...

"Individual Internet celebrities posing or live broadcasting in front of the homes of the victims of the disaster relief team, causing onlookers, is actually dipped in 'blood steamed buns' to rub traffic and eyeballs, is a bottomless malicious hype, not only violates mainstream values and public order and good customs, hurts the feelings of the families of the sacrificed team members, is an immoral act, but also disrupts social public order, suspected of picking quarrels and provoking trouble, the public security organs can impose public security administrative punishments on the relevant Internet celebrities in accordance with the law." Peng Xinlin, a professor at the Institute of Criminal and Legal Sciences at Beijing Normal University, said.

Weng Xiaoping, a partner at Beijing Kyoto Law Firm, said that the above-mentioned acts of disrupting social and public order for the purpose of rubbing popularity and blog traffic may be suspected of violating the provisions of Article 25 of the Public Security Administration Punishment Law, and will be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan, and if the circumstances are minor, up to 5 days of detention or a fine of up to 500 yuan.

Meng Qiang, director of the Civil Code Research Center of Beijing Institute of Technology Law School, analyzed from the perspective of civil tort: the above acts will cause a certain degree of interference to the families of the victims at the civil level, and may involve violations of civil laws and regulations such as the Civil Code, constituting civil tort. "The Civil Code stipulates that the name, portrait, reputation, honor, privacy, remains, etc. of the deceased are protected. If the perpetrator arbitrarily jokes about the victim, disparages the victim's reputation, parothes the victim's portrait, or leaks the victim's privacy in the online live broadcast constitutes infringement, the deceased's spouse, children, parents, etc. have the right to request the perpetrator to bear civil tort liability in accordance with law. ”

Consumption disasters occur time and time

The social impact is extremely bad

The disaster relief site has become an Internet celebrity show, not an isolated case: this year's continuous rainfall in many northern provinces has caused a lot of trouble in the wheat harvest, and some Internet celebrities have launched a "field live broadcast" in the name of "helping to cut wheat". Going back further, the heavy rain in Henan the year before last affected everyone's hearts, and in the face of the "grand situation" of a group of Internet celebrities rushing into the disaster area, the local flood control and drought control headquarters urgently issued a reminder, calling for "please give way to the rescue channel".

Sun Yingying, an assistant professor at the School of Public Administration of Chinese Minmin University, is critical of the live streaming behavior of the Internet celebrity consumption disaster. "The disaster-stricken areas need to immediately carry out disaster damage assessment and start recovery and reconstruction, which need to be measured using scientific methods, but this behavior of Internet celebrities may put pressure on the staff in the affected areas, easily deviate from the principle of fair and equitable treatment of the affected areas, and disrupt the assessment process." Sun Yingying said that at the same time, the affected people need to rebuild their lives, and psychological professionals may need psychological crisis intervention in the short term, and the behavior of Internet celebrities will aggravate the psychological crisis of the parties and are not conducive to carrying out reconstruction work.

Sun Yingying pointed out that the government departments in the affected areas have invested a lot of manpower and material resources and done a lot of work silently, and these works will not all be seen by the public, nor will they be all publicized. The phenomenon of Internet celebrity consumption disasters will bring additional pressure to the government's disaster relief work, and in addition to disaster relief, it is necessary to specifically refute rumors and maintain social order, which will also waste more time and manpower.

According to public information, the reporter found that some Internet celebrities issued so-called "rescue guidance" during the live broadcast of disaster relief, misleading the victims to save themselves and ask for help; Some influencers spread false information, causing public panic.

In this regard, Weng Xiaoping reminded that Internet celebrities who rub disasters, accidents and natural disasters, if they fabricate false information, or knowingly fabricate false information, spread it on the Internet, or organize or instruct personnel to spread it on the Internet, stir up trouble, and cause serious public disorder, they may be suspected of the crime of picking quarrels and provoking troubles or the crime of fabricating or intentionally disseminating false information, and violate the criminal law and will be subject to criminal punishment. If the above-mentioned acts are not serious enough to constitute a criminal offense, they may be suspected of violating the Public Security Administration Punishment Law and will be administratively detained or fined by the public security organs.

"Once it is determined that the consumption disaster is through fraud, the platform should initiate accountability. Of course, the premise of the platform actively initiating accountability is that the platform can judge or discover the existence of false situations. This also shows the importance of professional media, relevant governments and various specialized organizations to release information in a timely and authoritative manner, because this is an important basis for platforms to judge the authenticity of content. Li Danlin, a professor at the Law Department of Communication University of China, said that of course, if there is evidence to prove the existence of such a false situation, the platform neglects to assume management responsibility, and fails to take measures against relevant accounts and operators, it may constitute a condition for the platform to be held accountable.

Chase traffic without a bottom line

Strengthen linkage and permanent ban

For the bottomless live broadcast behavior of some Internet celebrities, the reporter noticed that a number of online short video platforms reiterated that the disaster situation is not a "traffic password", and flood fighting and rescue is not a child's play.

For example, the Douyin Blackboard newspaper issued an announcement on August 7 that anchors such as "Love ×× Liang", "Hai ×× Chang" and "Second ×" went to the homes or cemeteries of the deceased team members after the incident to watch and shoot the families of the deceased or the scene of the memorial. The platform has imposed penalties on the above 10 accounts such as retracting live streaming permissions, banning comments and e-commerce delivery permissions for 30 days.

Kuaishou issued an announcement on August 7, and the platform found in its daily audit and inspection work that a small number of accounts published false information related to the disaster by stir-frying and splicing old news in order to gain attention; Posing at the rescue site, interfering with normal rescue order and other bad hype behavior. Advocate creators to put an end to bad behaviors such as rubbing heat and hype to consume disaster situations, such as "posing at the rescue scene" and "live broadcasting at the doorstep of rescue team members who died in flood prevention and disaster relief". According to the requirements of the norms, the inappropriate content is handled, and some users are permanently banned, 30-day live streaming permission bans and other punishments are publicized according to the degree of their violations, and the illegal content is continuously under control.

For these practices of the platform, some netizens commented and suggested that the linkage between the platforms should be strengthened, or a blacklist system should be established and improved, and accounts with consumption disasters should be permanently banned.

Yang Yong, a researcher at the Institute of Intellectual Property Law and Policy of East China University of Political Science and Law, believes that Internet governance should adhere to legal supervision. Different from the ban on unethical artists, unethical artists generally have an administrative violation or criminal record, and the platform can deal with it according to the recommendations of industry associations. However, if the short video blogger has neither obvious violations of laws and regulations, nor administrative violations and criminal records, the decision to permanently suspend his account at will has no legal basis, which is easy to cause legal disputes between the blogger and the platform. If the blogger's behavior violates the current Cybersecurity Law, the provisions on the governance of the network ecosystem, the regulations on the management of Internet accounts, etc., the CAC may impose administrative penalties, and the platform may permanently ban the account based on the CAC's penalty decision.

"At present, there may be a phenomenon that the banned account will be transferred to other platforms, and it is definitely best if it can be jointly banned, but there may be technical difficulties in the actual operation process." Zheng Ning, director of the law department at the School of Cultural Industry Management at Communication University of China, said that for example, there is no information sharing mechanism between different platforms, there are certain difficulties in account identification, and there is no joint ban system in current laws and regulations.

Li Danlin also believes that in view of the phenomenon that the account may be transferred to other platforms after being banned, the platform needs to improve the corresponding governance mechanism. Information sharing and coordination mechanisms should be established between platforms, and other platforms should not accept the transfer of bad accounts that are banned on the platform based on violations of laws and regulations during the period of banning.

"Whether some bad streamers should be permanently banned is not a 'one-size-fits-all' issue. The permanent ban is the most severe punishment ever given by a platform. The so-called 'bad' may only be a general violation of social ethics and morality, may be a violation of platform rules to varying degrees, or may be a serious violation of the law or even a violation of criminal law. Whether or not to take permanent banning measures should be handled appropriately in accordance with the different nature of the content disseminated by these accounts, the different consequences produced, and the specific circumstances. Li Danlin said.

The reporter noted that at present, relevant industry associations have adopted a blacklist system for some illegal and unethical anchors, and according to their degree of violations of laws and regulations, the "blacklist" is divided into time-limited and indefinite prohibitions.

"The latter is equivalent to a lifetime ban from the live streaming industry. What needs to be discussed here is what the prohibition criteria are, such as whether it is permanently prohibited once it violates laws and regulations, or whether a certain prohibition period is set according to the degree of violation of laws and regulations, and whether there are additional regulations if the comeback live broadcast industry is required after the prohibition period expires. In Zheng Ning's view, such a set of mechanisms needs to be further explored, but in the long run, it is indeed necessary to establish a complete set of live broadcast access mechanisms.

The platform strengthens technical screening

The public rationally truncates traffic

On July 10 this year, the Cyberspace Administration of China issued the Notice on Strengthening the Management of "Self-Media", which clearly requires regulating account operations, limiting profits from violations, and strictly handling violations. "Self-media" that produce and publish rumors, speculate on social hot events, or publish and disseminate illegal and negative information in a matrix manner that has a bad impact are to be closed, included in the platform's "blacklist" account database, and reported to the internet information department.

Zheng Ning believes that to solve such chaos at the root, it is necessary to have both legal means, technical means, and economic means, so that these accounts that rub traffic cannot get corresponding benefits. For example, the public can be encouraged to report complaints, the public can report traffic accounts with one click, and the platform immediately takes measures such as limiting traffic after verification, so that the traffic does not go up.

Li Danlin also mentioned that the public should use "fingertip voting" to make such a popularity not worth mentioning. "If the public can judge these content that violates basic ethics, violations, and violations, and does not click on and forward it, then the public's fingertips will play a role, cutting off the traffic, cutting off the source of these anchors' ill-gotten gains, and the situation of rubbing heat will also be reduced."

Wang Sixin, Deputy Dean of the Institute of Community with a Shared Future for Mankind at Communication University of China, made suggestions from the perspective of platform governance. He believes that short video platforms should implement the main management responsibility, strengthen technical screening capabilities, establish special punishment mechanisms, carry out targeted management of "consumption disasters", extinguish the signs as soon as possible, ban them, remove relevant bad content products, cut off traffic, and avoid video spread, hype and even imitation on the Internet.

"At present, the mainland has not yet carried out a specific and clear legal characterization and regulation of the act of taking videos itself, but this behavior must still comply with the current effective laws and regulations, and once it crosses the legal red line, it will be punished." Zheng Ning said that anchors should enhance their legal awareness and regulate their own behavior. Due to the particularity of the industry, it is understandable that Internet anchors want to obtain traffic and attention, but within the framework permitted by law, do not cross the red line, because the small loses the big; Anchor associations, MCN institutions, industry associations and other organizations should improve the allocation of legal compliance resources, hire professionals to serve as legal counsel, carry out more legal and compliance training for their anchors, and assume the main responsibility.

Source: The Paper