Why do some net red anchors frequently cross the legal red line?
Experts say the low access threshold of live broadcasting industry is the main reason for weak legal awareness.
Source: Han Dandong, a journalist from the Legal Evening Newspaper
Yang Yutong, an intern
With the rapid development of the live broadcasting industry, it has become the dream of many people to become "net red".
However, with the increasing competition between webcast, some network anchors are trying to attract the attention of the Internet, playing the innovative flag to touch the legal red line.
Not long ago, 1 anchors stepped on the minefield. Since April this year, LAN has used a live broadcast of a live broadcast platform to attract friends to send gifts. More than 40 birds have been captured, all of which belong to the key protection of the province or the "three" protected animal in the country.
In fact, a similar case is not a case in webcast.
The illegal broadcast of "net red" has occurred repeatedly
In recent years, with the rise of social platforms, live platforms and short video platforms, all kinds of "net red" have mushroomed. Some people touch the legal red line in order to become "net red" or for profit. "Net red" becomes "net black" phenomenon on the Internet is not only a case.
In November 2016, a male anchor of a live broadcast platform was detained for 5 days by police for imitation of drug abuse. After a urine test, the host was not a real drug addict. He explained that it was because he saw a small audience, a hot brain, and took a piece of invoice paper to imitate the action of taking drugs. In spite of this, the host was sentenced to 5 days in administrative detention because of the continuous action of imitating drug abuse in the live network, resulting in bad social impact and disturbing public order.
In March 2017, a female anchor in a live broadcast platform, in order to attract the audience to brush gifts, put the eel into the lower body, causing heated debate on the Internet. In May 2017, the Public Security Department of the office of Zhejiang Province, the office of "killing the Yellow River and the non", carried out an in-depth investigation on the Internet broadcast platform suspected of disseminating pornographic and pornographic information, and the anchor of the "Monopterus gate" was captured.
In May 1st of the same year, Zhou and Yang and a 3 Li went to the Imperial Palace and broadcast live scenes. That night, the 3 went to a certain scenic spot to continue to broadcast live, claiming that the scene was the the Imperial Palace hospital, and fabricate the false facts of the webcast of the female anchor night at the Imperial Palace. In order to evade the legal responsibility, the 3 leaders directed themselves to broadcast the so-called "apology" and deceive the public. After investigation, 3 illegal officers were carefully planned and disseminated in this department. Yang Mou, Li and Zhou were punished by administrative detention according to law.
In July of the same year, the network seeding Gao, in order to improve its attention and increase the amount of fans, used the mobile phone to log on live platform in the home of the eight society of the four square village of Jilin Fengqi Town, Fengqi town. Through the network live broadcast, more than one hundred people were killed and spread to the live audience in Jilin in the late July 13th. The government deliberately shielded the false disaster information that caused the communication interruption in the Fengman District, and the relief materials were not fully distributed to the affected people. After verification, the live broadcast lasted 19 minutes and 26 seconds, and the total number of online viewers was 169. The handling agency believes that the behavior of Gao Mou has seriously disturbed the social order. On the second day after Gao's live broadcast, in July 17th, Gao was under criminal detention by the Jilin Municipal Public Security Bureau's chubby sub Bureau.
In April 2018, some netizens reported to the traffic police in Wuhan that a man was broadcasting a motorbike illegally on a road in Wuhan on a live broadcast platform. This has aroused the high attention of the Wuhan management department. Police investigation found that, in the live screen, the host of a motorcyclists did not wear any safety protective equipment. When they took off on the city road, they turned their heads and speeded up. Drive.
Wuhan traffic police combined with urban video surveillance "sky eye", through large data track analysis, quickly locked the main driving line of Kim, will live on the network platform on the City Road on the city road "play cool" gold seized, in accordance with the law administrative detention for 10 days.
A weak sense of law is the main cause
In recent years, in order to attract netizens' eyeballs, some Internet anchors are full of tricks, many of which are touting the legal red line. Why does this happen?
In this regard, Zheng Ning, deputy director of the law department of the Department of liberal arts and law, Communication University of China, said that this phenomenon reflects the mercenaries of some practitioners in the network live industry. In order to attract fans' eyeballs and obtain high material returns, they ignore the bottom line of law and morality.
Zheng Ning said: "the main reason for this phenomenon is that the access threshold of the network live industry is low, and the censorship of the webcast platform and the supervision of the related departments are not in place. The illegal behavior of some network hosts can not be punished in time. In the interest driven, more people take risks."
In the view of Shanghai lawyer Wang Yanhui, the development of the live broadcasting industry has given people more network display space in recent years, and there have also been many problems at the same time. Some so-called "net red" because of the weak sense of law and superstition, the so-called "famous as early as possible", in order to win the eye, do not hesitate to test the law. And these "net red" often have a great impact on young people. If we can not regulate these illegal behaviors in time, it will bring great hidden trouble to the society.
Wang Yanhui told reporters that the reason for this phenomenon is that the moral bottom line of the alleged illegal "net red" is low and the legal consciousness is weak; on the other hand, the direct seeding platform has a large amount of capital inflow, and the interest driven leads to chaos; of course, there is a more important reason for the report. Before the law of webcast is not perfect, there are still gaps in its supervision.
"The existence of this phenomenon indicates that the values and moral values of the people still need to be improved, and the state also needs to respond to the problems in the emerging fields and formulate relevant laws to regulate the behavior of the" net red ". Wang Yanhui said.
Strengthening the education of universal law is the key
"Net red" live content touches the bottom line of law, who need to bear legal responsibility?
In this regard, Wang Yanhui said, first of all, "net red" if it touches the law, then it should bear direct legal responsibility. "As to whether the platform needs to take legal responsibility, I think the platform should have basic review obligations. It can refer to the" red flag principle "in the field of intellectual property, that is," no knowledge and no reasonable reason should be known ", otherwise the platform should be responsible for the corresponding legal responsibility.
In Zheng Ning's opinion, webcast is illegal, and network anchors should shoulder corresponding responsibilities. If the webcast belongs to a certain unit, its behavior will be regarded as the duty behavior of its unit, and its unit should also bear corresponding responsibility. If the webcast platform does not fulfill the corresponding obligation of examination and management, it will be subject to the corresponding administrative penalty and seriously bear criminal responsibility.
Zheng Ning told reporters that since 2016, the Ministry of culture, the General Administration of radio and television, and the state network office have issued a series of documents and measures aimed at the direct seeding of the network.
In July 2016, the Ministry of Culture issued the "notice on strengthening the management of network performance", and urged the network performance and performers to carry out their responsibilities. The performers of illegal violations will be included in the blacklist or warning list.
In September of the same year, the General Administration of radio and television issued the notice on strengthening the management of the live broadcast service of the network audio-visual program, which required that the broadcast platform must hold the "information network communication audio-visual program license", and the institutions and individuals without the license can not engage in direct live business.
In November of the same year, the state network office issued the "Regulations on the management of the internet live broadcast", reaffirming the qualification supervision of the internet live news information service, and requiring Internet live service providers to provide Internet news and information services. It should be qualified according to law and carry out each other within the scope of the license. Internet news information service. Internet publishers of Internet news and information services should obtain the qualification of Internet news information services and provide services within the scope of the license. In addition, the main responsibility of the live platform is strengthened, and it is required to establish a live content audit platform, to add the content of the live content, to broadcast the identification information of the platform, to strengthen the real-time management of the interactive links, such as review and barrage, and to have the ability of "timely interruption" of direct live technology.
In December 2016, the Ministry of Culture issued the "management method of network performance and operation activities", which stipulates that network performance refers to the interaction between the Internet, mobile communication network, mobile Internet and other information networks, such as the Internet, mobile communication network, mobile Internet and other information networks, which are transmitted in real time or broadcast in the form of audio and video. Networking cultural products and bringing live webcast into the scope of supervision. The operator should obtain the "network culture operation permit", improve the audit system, broadcast real-time supervision, record and broadcast after the first trial.
The emergence of so many regulations seems to have failed to completely curb the shift from "net red" to "net black". How should we curb this phenomenon?
Wang Yanhui suggested, first of all, to formulate relevant laws for the current network environment; secondly, to clarify the responsibilities of the regulatory authorities and to strengthen the supervision of the network environment; finally, the network civilization education should be strengthened so that the audience can have a clear understanding of the misconduct on the network and can spontaneously resist vulgar and illegal activities. Yes. In order to improve the network environment, all aspects of society need to cooperate and perform their duties so as to create a good network space.
In Zheng Ning's view, the first is to effectively implement the credit supervision system, increase the credit punishment of illegal anchors and platforms so that they dare not to break the law; two is to improve the system of public complaint reporting and response; three is to strengthen the rule of law education on network anchors and network broadcast platform; finally, the relevant departments strengthen technical means, The behavior of network live is monitored and monitored throughout the course.
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