● Some previous artists who have violated the law and lost morality, such as Fan Bingbing and Huang Haibo, are returning to the public eye through various channels, and some are still making a lot of money through live broadcasting on the network platform
● It is necessary to clarify and refine the standards, define the bad artists according to law, and clarify the time and scope of "banning" according to the degree of their illegality and immorality, so as to balance and maintain the public interest
Recently, in view of the problems in the cultural and entertainment fields such as the supremacy of traffic, the chaos of the "rice circle", and the illegal loss of morality of artists, the Central Propaganda Department issued the "Circular on Carrying Out Comprehensive Management of the Cultural and Entertainment Field", requiring that the punishment of artists who violate the law and lose morality be increased, and that inferior artists be prohibited from moving their positions and making comebacks.
The "Rule of Law Daily" reporter combed and found that recently Wu Yifan, Zhang Zhehan and many other artists have been listed as bad artists and have been "banned" by the industry; at the same time, some previous illegal and unethical artists such as Fan Bingbing and Huang Haibo are returning to the public's vision through various channels, and some are still making a lot of money through live broadcasting on the network platform.
In the face of this situation, some people support and some people worry. Proponents argue that artists are also ordinary people and that mistakes should be given the opportunity to reform themselves; opponents argue that the "banning" of bad artists should not be limited to the traditional film and television field, but should also be extended to Internet platforms.
A number of industry experts said in an interview with reporters that star artists are public figures and have strong public attributes, and they need to be restrained by the standards of virtue and art, and artists who violate the law and morality should be strictly restricted from returning to the stage and various online platforms. At the same time, it is necessary to clarify and refine the standards, define the bad artists according to law, and clarify the time and scope of "banning" according to the degree of their illegality and immorality, so as to balance and maintain the public interest.
Illegal and immorality was "banned"
Artists should be more demanding
Recently, the entertainment industry "earthquake" - a number of artists have been officially notified for violating the law and morality, have been removed from industry associations, their works have been removed from the shelves of major platforms, and social media accounts such as Weibo have been blocked. In this regard, netizens called it "the whole network blocking".
On August 15, the China Performing Industry Association issued an announcement that, after the evaluation of the Ethics and Self-Discipline Committee of the Association, there was serious impropriety in the behavior of actor Zhang Zhehan in Japan, such as visiting the Yasukuni Shrine, which not only hurt national feelings, but also caused a bad impact on the youth group in its audience, morally reprimanded its improper behavior, and required member units to boycott him according to the "Measures for the Administration of Self-Discipline of Performing Artists in the Performance Industry".
On August 17, the China Online Audiovisual Program Service Association answered reporters' questions on the removal of Wu Yifan's works. The person in charge of the association's secretariat said that the major online audio-visual platforms have removed Wu Yifan's relevant works, Baidu has labeled it with the data label of "illegal and immoral artists", Weibo banned, "The association will never provide opportunities and platforms for illegal and immoral personnel to appear on camera and speak out, and will never let these personnel and works have a foothold in the online audiovisual industry."
In response to Zheng Shuang's tax evasion, "yin and yang contracts," and "sky-high film remuneration," on August 27, the State Administration of Radio and Television issued a decision: Zheng Shuang's TV drama "Ghost of a Woman" must not be broadcast; radio and television broadcasting institutions at all levels, radio and television video on demand business establishments, and online audio-visual program service agencies must not invite Zheng Shuang to participate in the production of programs, and stop broadcasting programs that he has participated in production. Prior to this, its Weibo account had been permanently banned.
In the past few years, many artists such as Fan Bingbing, Huang Haibo, and Ke Zhendong have been "banned from the whole network" for tax evasion, prostitution, drug abuse and other issues.
"The whole network is banned", do not give a foothold, why should we be so harsh on bad artists?
In the view of Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, star artists are highly concerned by public opinion, and their words and deeds have a great influence on the public, and even cause young people to follow suit, so their requirements cannot be equated with ordinary people, and there should be higher requirements for their social responsibility and morality.
"The reason why they become bad artists is because they violate the moral bottom line and even violate the law and crime, if they let bad artists drain and realize traffic again, it will lead to some young fans establishing wrong values and consumption concepts, so they must severely punish bad artists." Yang Min, a lawyer at Beijing Yingke Law Firm, said.
Zheng Ning, director of the Law Department of the School of Cultural Industry Management of the Communication University of China, believes that celebrities, as public figures, often have fame and fortune and have great social influence, so they should be more cautious in their words and deeds, more disciplined and law-abiding than ordinary people, and have higher moral standards, which is the "price" they must pay when exposed to the spotlight.
Artists who have violated the law and lost morality return
Some support and some oppose
At a time when Wu Yifan, Zhang Zhehan and many other bad artists have been "banned" and many film and television network platforms have "found no one", Fan Bingbing, Huang Haibo and other bad artists who have been "banned" are returning to the public eye or have been active in various activities or online platforms.
Fan Bingbing, who was charged more than 800 million yuan in taxes and fines according to law two years ago, often attends some fashion events and appears in fashion magazines, with 64 million Weibo fans, 12.38 million Xiaohongshu fans, 6.69 million Douyin fans, and also launched her own mask brand and sold it online. In October 2019, he appeared with an Internet celebrity in a live broadcast with goods, and won more than 10 million yuan in sales in a few minutes.
In a Weibo post released by Fan Bingbing on August 29, some netizens commented: "Why was Zheng Shuang banned after being fined more than 200 million yuan, while Fan Bingbing was still so active at more than 800 million yuan?" ”
Huang Haibo, who was interned and educated for 6 months for prostitution, is currently teaching performance skills through a short video posted on his Douyin account, which has 1.69 million followers, with the topic #Huang Haibo Performance Workshop. In his Douyin comments, some netizens called for "coming back to filming", saying that "just made a little mistake of a man, or look forward to your work".
The reporter combed and found that whether it is Fan Bingbing, Huang Haibo, or Ke Zhendong and Luo Zhixiang, there is a great controversy among netizens about the "re-emergence" of these illegal and immoral artists, and one side insists that it has paid a price and should be given the opportunity to reform; the other side believes that it must be resolutely resisted and written to the end.
Ke Zhendong was administratively detained for 14 days for drug use, and now has 33.79 million followers on Weibo. On August 19, Ke Zhendong posted on Weibo to celebrate his 10 years of debut. In the Weibo comment, the attitudes of the top two hot reviews are completely different, one said "Drug addicts have a black life!" scram. The other comforted: "Live seriously." ”
Luo Zhixiang, who was exposed by his ex-girlfriend to have an inappropriate private life, had 33.62 million Douyin fans and received 450 million likes. Under the short video released on July 29, the most liked comment joked: "Wu Yifan just went in, you came out, you two changed the guard." Some fans also said: "Gossip news says that you are depressed, I will hurry to see you, as long as you are good, you are still the male god in my heart." ”
With the rapid development of the Internet, artists no longer rely entirely on traditional film and television platforms to develop, but rely more on network platforms and network traffic. So, should the punishment of artists who violate the law and lose morality be extended to the network platform?
Many of the experts interviewed were positive. They believe that allowing bad artists to be active on the online platform is easy for the public to think that the punishment of bad artists is not in place, and the artists are still dashing in their lives when they violate the law and lose morality, which will bring certain negative value orientations to society.
The platform assumes regulatory responsibility
You can't just look at economic benefits
As far as the online platform side is concerned, what kind of regulatory responsibilities should be borne by the unscrupulous artists who use the online platform?
The reporter interviewed a number of online platforms in this regard, and some platforms refused to respond to this; some platforms said that the characterization and treatment of bad artists was done in strict accordance with the requirements of relevant departments such as the Cyberspace Administration of China, and the platform did not have independent measures and judgments.
The reporter inquired about the review rules for his published works on a number of online platforms, and found that there was no content directly aimed at bad artists in these rules, but proposed to build a harmonious, rule-of-law and healthy network environment. For example, Douyin clearly prohibits works that induce or instigate minors to engage in behaviors that do not conform to their age groups, including but not limited to irrational and bottomless star chasing; the Weibo Community Convention is clear, in accordance with and implements the Civil Code and other relevant laws and regulations and the management policies of competent departments, to protect the legitimate rights and interests of Weibo users.
In fact, the Notice on Strengthening the Management of Online Show Live Broadcasting and E-commerce Live Broadcasting issued by the State Administration of Radio and Television in November 2020 has made it clear that online live broadcasting platforms and e-commerce live broadcasting platforms should take effective measures not to provide public appearances and voice opportunities for artists who have violated the law and lost morality, and prevent and curb the breeding and spread of bad trends such as showing off wealth and worshiping gold and vulgar kitsch in the field of live broadcasting, impacting the core values of socialism and polluting the online audio-visual ecology.
When it comes to the responsibility of online platforms, Che Jingxing, a national-level director and executive director and deputy secretary-general of the China Television Drama Directors Committee, believes that some online platforms have an unshirkable responsibility for the emergence of bad artists, and online platforms must not only focus on ratings and click rates, but only focus on economic benefits and ignore social responsibilities as public media. "Some network platforms turn a blind eye to traffic supremacy, deformed aesthetics, 'rice circle' chaos, and 'delay and reform' trends, and even contribute to the situation, and should strengthen rectification."
Che Jingxing believes that it is resolute not to let bad artists return to the stage and online platforms, and will never be used again for artists who have seriously lost morality, otherwise they are negative teaching materials on the one hand, and on the other hand, they have a large number of fans who rely on the platform to make money, which will mislead teenagers.
"Online platforms should have a professional conscience and a sense of social responsibility to maintain a good cultural environment, and should be a filter rather than a booster of bad atmosphere." At present, it is necessary to improve media laws and regulations to standardize and promote the innovative development of online platforms. The car said.
Define what constitutes bad deeds in accordance with the law
Grading is restricted
Some experts interviewed reminded that all star artists with negative news cannot be "beaten to death" with a stick.
"Even artists who violate public order and good customs and moral requirements should distinguish between serious bad social impact and mild social impact, and some can be eliminated or compensated for, and they can be given the opportunity to repent and rehabilitate." Liu Chengyun, director of the Cultural and Entertainment Law Center of China University of Political Science and Law and executive vice president of the Beijing Film and Television Entertainment Law Society, said.
He proposed that the key behind this is to first define what is a bad deed, whether it means violating the law or committing a crime, violating industry norms, or violating public order and good customs; secondly, according to the nature and level of the determination, the artist and the comeback are restricted.
Zheng Ning also believes that according to the circumstances and nature of the artist's illegal and immoral behavior, it is necessary to determine the time and scope of restricting the artist's practice in accordance with the law, proportion and procedure. "If there are serious violations and crimes of artists, it is necessary to restrict them; but for artists who have lost their morality, whether and how to restrict them remains to be discussed."
The Measures for the Administration of Self-Discipline of Entertainers in the Performing Industry, which came into effect on March 1, 2021, stipulate that according to the severity and degree of harm of entertainers' violations of the professional norms, different degrees of industry boycotts will be implemented for 1 year, 3 years, 5 years and perpetual respectively. Where entertainers who have been boycotted need to continue to engage in performance activities, they or their subordinate units shall submit an application to the Ethics Construction Committee within 3 months before the expiration of the boycott period, and after comprehensive deliberation by the Ethics Construction Committee, give an opinion on whether to agree to a comeback.
"When the platform restricts bad artists, it can refer to the above provisions to divide their comeback levels." If some artists' illegal and criminal acts are particularly serious, they should be banned from acting for life; if their behavior is not so serious, they can be restricted on the period for their comeback, as long as they are reformed, there is still a possibility of comeback. Liu Chengyun said.
It is worth noting that there are now some phenomena of the families of bad artists being besieged, to which Zhu Wei reminded: "The law has never had a 'family sitting system', but if the artist's family does something illegal in the name of the artist, and the artist pretends not to know it as a 'white glove', it may involve the problem of accomplice." ”
(Original title: Bad Artists Don't Let Acting Live Streaming Bring Goods)
Column Editor-in-Chief: Qin Hong Text Editor: Song Yanlin Title Image Source: Figure Worm Image Editor: Xu Jiamin
Source: Author: Rule of Law Daily