Sister Sa's team has been in the lawyer industry for many years, and one of the lessons they have summed up is that if a well-known person (especially an entrepreneur) suddenly loses contact, there are no more than three possibilities: going in, going down, and running away. I still remember that at the end of last year, the CEO of a leading domestic live broadcast platform "Mouyu" suddenly lost contact, causing a large number of netizens to ask what happened through Weibo and other public platforms. Almost half a year has passed in a blink of an eye, and another news detonated on the Internet yesterday: Chen Moumou, the founder and CEO of a fish live broadcast platform, has been released on bail pending trial. According to the analysis of some legal self-media, although Chen Moumou has been released on bail pending trial, he may still be sentenced to actual punishment, and the specific sentence may be between 5-7 years. Sister Sa's team will review the "arrest" of the CEO of a fish live broadcast platform today, and sort out the risk points, after all, the past is not forgotten, and the future is the teacher.
01
What did Chen Moumou do
In November last year, the Dujiangyan police issued a police report: it was found that Chen Moujie (39 years old) was suspected of opening a casino, and has been arrested in accordance with the law, and the case is being further investigated.
The founder and CEO of a good domestic head game live broadcast platform, why is he suspected of opening a casino? This has to start from the eventful autumn of 2020. At that time, the news that the two major domestic game live broadcast platforms, a tiger and a fish, completed the merger under the coordination of the goose factory, which attracted wide attention from the domestic and foreign capital markets. However, in the end, the "merger of the century" was halted by the State Administration for Market Regulation on the grounds that the merger might be suspected of monopolizing and restricting competition. Subsequently, many domestic short video platforms started the live broadcast delivery mode, which accelerated the sharing of the entire live broadcast market.
Chen Moumou can be regarded as starting with a short video platform,In 2010, Chen Moumou bought the originator of the domestic two-dimensional website that competed with Station B at that time"A station",In 2014, it created a well-known game live broadcast platform"A fish TV",But now the short video platform is not as "blue ocean" as in 2010,Since the merger of a tiger and a certain fish,The days of a certain fish platform have gradually become difficult。 According to public information, from 2020 to 2022, the revenue scale of a fish will be 9.6 billion, 9.1 billion, and 7.1 billion respectively, with a significant decline, and the net profit will lose money for two consecutive years in 2021 and 2022.
However, although a fish live broadcast platform has been "struggling to generate income" in recent years, some anchors who have made a lot of money have made a lot of money. "A team in Changsha" is a live broadcast room that conducts outdoor live broadcast on the platform, and the anchor of the live broadcast room mainly uses the platform lottery rules to carry out "edge rubbing" activities.
The so-called "edge rubbing" here has nothing to do with color. In fact, the anchor of "a team in Changsha" will induce users to purchase designated props within a certain period of time, and users can participate in virtual currency lottery worth 1000 yuan to tens of thousands of yuan after purchase. The act is actually no different from gambling.
According to the statistics of the third-party live broadcast data platform, the team's income in 2020 will be as high as 177 million yuan, and the single-day turnover will be as high as 13.1767 million yuan, which can be described as a huge profit.
02
What does the anchor have to do with the platform when he is involved in gambling?
According to the experience of Sister Sa's team in handling similar cases, some live broadcast platforms and film and television platforms often have a fluke mentality, that is, "What does the anchor do and what does it have to do with my platform?", and all platforms with this kind of luck mentality often let themselves fall into criminal law risks. Putting aside the fact that the anchor is involved in the criminal offense, the platform may constitute a joint crime of the criminal punishment involved in the anchor, even if it does not constitute a joint crime, then the "crime of aiding information network criminal activities" is enough for the platform to drink a pot.
In fact, according to the experience of Sister Sa's team in handling similar cases, in recent years, some gambling-related live broadcast rooms usually have some connections with live broadcast platforms. For example, some gambling-related live broadcast rooms and senior internal management personnel of the live broadcast platform collude with each other, and the internal executives of the platform "push" the gambling-related live broadcast room, or the platform deliberately connives, and the live broadcast room takes advantage of loopholes in the rules to carry out the behavior of opening a casino, and deliberately does not punish it after reporting, or the platform or the senior management personnel in the platform and the gambling-related live broadcast room carry out profit sharing and benefit exchange, if these behaviors occur, then the platform's executives, and even the CEO and founder, may be found to constitute the crime of opening a casino.
Of course, in addition to the crime of opening a casino, if the anchor conducts criminal activities such as disseminating obscene materials and organizing and leading pyramid schemes through the live broadcast platform, and the platform also has pushing, conniving, and even profit-sharing behaviors, then the accomplices who constitute the relevant crimes will not run away.
03
Skit compliance is imminent
In fact, the urgency and necessity of compliance is not only reflected in the live broadcast platform, but also in recent days, the compliance tide of online micro-short dramas has also been "coming", according to the current information disclosed online, since June 1 this year, all micro-short dramas broadcasted, drained, and pushed by micro-short drama online audio-visual platforms and small programs must hold an "Online Drama Film Distribution License", which indicates that the regulatory authorities will further strengthen the supervision of online micro-short dramas.
With the advent of strong supervision, micro-short dramas are suspected of violating the law and committing crimes, and the case of the platform "eating melons" is likely to be not far away. Sister Sa's team noticed that many micro-short dramas will be broadcast in a fee-based mode, and the charging standards and forms of micro-short dramas on different platforms are different. The two simplest ways to charge fees are membership fees and set fees, and the chaos of fees is endless. For example, some micro-short dramas are hundreds of episodes long and require one-time payment, but the plot before and after is completely separated, which is really shoddy, and some micro-short dramas keep popping up during the playback, and they must be charged as a member to play, but the webpage cannot be opened after payment.
In fact, the above chaos is likely to be suspected of defrauding consumers of recharge money, that is, defrauding consumers of their property by fabricating facts and concealing the truth. If some film and television live broadcast platforms condone this phenomenon, then it is possible to step into the footsteps of gambling live broadcast platforms.
04
Write at the end
In recent years, the supervision of Internet live broadcast platforms and film and television platforms has entered a period of strengthening, and it is undeniable that the live broadcast track in mainland China has also become relatively mature, and the share and respective advantages of each platform have become fixed. In this case, latecomers often want to gain their own advantages by "thinking crookedly", while those who occupy the existing ecological niche are often afraid that adding a little bit of compliance costs may make the platform's advantages disappear. Both of these ideas may push the platform into a dangerous situation, and the Sister Sa team hopes that the majority of practitioners will tighten the string of compliance!
The above is today's sharing, thank you readers!
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