The Surging News reporter Yu Yan intern Liu Qin
On October 15, the Internet celebrity blogger "Luo Kitten and Cat" committed suicide by drinking pesticides during the live broadcast, and died after ineffective rescue. The message is of concern.
On the same day, the surging news confirmed from the relatives of "Luo Xiao cat cat" that "Luo Xiao Cat Cat" had passed away, and the family had now gone to Shandong to take care of the aftermath.
On October 15, the Internet celebrity blogger "Luo Kitten Cat" posted a video on the short video platform saying that this is probably the last video, he has been depressed for a long time, "even in the hospital has been living for more than two months, friends who have seen my circle of friends know that I am stamped with the official seal, is a depressed patient, not the so-called fake depression." She said that netizens can go to her trumpet to pay attention to her live broadcast, "this live broadcast must not be with goods and advertisements." ”
Screenshots from the network show that when "Luo Kitten and Cat" took out pesticides in the live broadcast room of the short video platform, some netizens had left messages in the live broadcast room to coax "Drink it", and other netizens realized that this matter needed to be called to the police immediately. The surging news noted that the friend of "Luo Xiao Cat Cat" said in an interview with Sichuan Observation that "Luo Xiao Cat Cat" did not really think of committing suicide that day, but just wanted to show her current boyfriend in this way, the pesticide was diluted by her drink, and the drink was also because the people in the live broadcast room got up and drank it, and after the live broadcast, they also called the 120 emergency call.
According to the Beijing News, the family of "Luo Xiao cat cat" said that the legal responsibility of the instigator will be pursued.
The surging news noted that "Luo Xiao Cat Cat" has 678,000 fans on the short video platform, and a total of 38 small videos have been released, the content is mainly based on life wear, in addition, it also operates its own Taobao store of the same name.
What kind of legal responsibility will the netizens who instigate suicide in the live broadcast room bear?
On the 17th, Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, told The Paper that short video platforms belong to network service providers and have the responsibility to review information released by users. This matter occurred during the live broadcast, and the responsibility for the platform can be analyzed from the following aspects. 1. Suicide information is illegal information, and all platforms should take measures in this regard. But can keywords or related information appear during the live broadcast so that the platform can judge and confirm that this is a "suicide"? 2. The number of people in the live broadcast room during the live broadcast. If the number of people is large, the platform audit responsibility is higher. 3. Although the platform makes a ban measure afterwards, can it be reviewed and evaluated in advance? If the platform is first reviewed and then released content, of course, there will be no live broadcast industry. However, if the relevant staff finds that there are violations of laws and regulations during the inspection process, they should be deleted. In addition, there will be reports during the live broadcast process, at which time the platform has the right to take retroactive measures, especially now many live broadcasts can be watched back. Zhu Wei introduced that this incident shows that the platform should fully adopt the combination of multiple measures such as posthumous sealing, on-site ban, and on-site supervision to conduct live broadcast supervision. Live broadcasting platforms should establish a way to combine artificial intelligence review with smooth reporting channels, including the platform's review and capture of sensitive words, to supervise a large number of live broadcast rooms.
Zhu Wei also believes that some onlookers in the live broadcast room now rely on on-crowds to vent their emotions, and some onlookers only want to be quick for a while, regardless of the consequences. "Therefore, from the perspective of ethics and social responsibility, the onlookers in this incident should be held responsible." Zhu Wei said.
Ding Jinkun, a lawyer at Shanghai Dabang Law Firm, analyzed that netizens who left messages in the live broadcast to let the owner drink were suspected of helping suicide. If it is found that the message has a direct causal relationship with suicide, the netizen is suspected of intentional homicide. If the message does not have a direct causal relationship with suicide, but renders the atmosphere of the suicide scene, makes a disturbance, and has an indirect role in promoting suicide, it is also a violation of the "Public Security Administration Punishment Law" and will be punished by public security. At the same time, suicide by cajoling is also a civil tort, and the perpetrator must bear the corresponding civil liability.
In addition, lawyer Ding Jinkun said that the short video platform live broadcast of suicide programs violated public order and good customs, and the suicide behavior of the owner was not discovered and stopped in time during the live broadcast. If the platform fails to perform its duties, it shall bear the corresponding administrative and civil liabilities.
Lawyer Ding Jinkun said that the platform must not live broadcast suicide and other information that violates public order and good customs, and violators will be punished in accordance with the Cybersecurity Law. Article 9 of the "Provisions on the Administration of Internet Live Streaming Services" also stipulates that Internet live streaming service providers and Internet live streaming service users must not use Internet live streaming services to engage in activities prohibited by laws and regulations, such as endangering national security, undermining social stability, disrupting social order, infringing on the lawful rights and interests of others, or disseminating pornography, and must not use Internet live streaming services to produce, reproduce, publish, or disseminate information content prohibited by laws and regulations.
Editor-in-Charge: Tan Jun
Proofreader: Liu Wei