In addition to sports and drama, which emphasize "boys' skills", the film and television entertainment industry is probably the most common circle for minors to participate in social activities. There are young actors participating in TV series, young artists participating in var

2025/06/1910:37:35 entertainment 1383

In addition to sports and drama industries that emphasize " Boys' Kung Fu ", the film and television entertainment industry is probably the most common circle for minors to participate in social activities. There are young actors participating in TV series, young artists participating in variety shows, and countless underage boy and girl groups. People often envy them for making a lot of money at such a young age, and envy them for having many people following and loving them, but often ignore the risks and difficulties they face. For example, they are not protected by the rights of "workers" in the " Labor Law ".

1 Are minor artists not "workers"?

Although underage artists have put in their brains and physical strength in the entertainment industry, they are not considered workers. The reason is, on the one hand, because my country's Labor Law adopts a "one-size-fits-all" policy on the minimum employment age, which makes minors under the age of 16 unable to obtain the identity of a worker; on the other hand, according to the current consensus of the practical industry, the performing arts brokerage contract is considered a comprehensive contract, rather than the labor contract or the labor contract , so artists and brokerage companies cannot constitute labor or labor relationship .

Minor period is the most critical period for a person's physical and mental growth. It is not advisable to simply evaluate the appropriateness of minor artists participating in performing arts activities, but it is undoubtedly important to pay attention to protecting the legitimate rights and interests of minor artists. So, what problems does our country face in the protection of minor artists? What measures should we take?

2 my country's limitations on the protection of minor artists

At present, in addition to the " Minor Protection Law ", the relevant regulations on minor artists engaging in the performing arts career are mainly "Notice of the Ministry of Culture and Tourism on Standardizing Performance Brokerage Behaviors and Strengthening Actors Management to Promote the Healthy and Orderly Development of the Performance Market" (hereinafter referred to as the "Notice") and " Minor Program Management Regulations " (hereinafter referred to as the "Regulations") of the State Administration of Radio, Film and Television .

These two documents have relatively clear requirements for minors to engage in performing arts activities, but the problem is that they are more programmatic regulations and lack specific contents of age, working hours, income, etc. For example, the "Notice" stipulates that minors must ensure that they complete compulsory education and prohibit the indoctrination of the concept of "being famous as soon as possible", but there is no clear restriction on the age for minors to participate in performing arts activities, and the requirements for "completeness" are not clear, and they will still be exploited by the agency.

For example, the "Regulations" prohibit children under the age of ten from being advertising spokespersons, but they are not prohibited from engaging in advertising performances or other performance activities. In a practical sense, this is not conducive to the development of underage artists. Because minors usually lack the freedom to act independently, obey their parents and are subject to brokerage companies, it is often difficult to judge the quality of some things due to lack of social experience.

In fact, we have seen related news long ago - girls who were forced to take photos of clothing display for a long time, dressed in thin clothes in the cold outdoors; parents used children to shoot videos such as eating and broadcasting, and made profits from them, etc. Many times, parents who are obsessed with greed are not their children's umbrellas, but are evil people who push their children into the abyss. However, there is no legal prohibition or restriction to curb their behavior. Often, they will be truly punished only if they violate the " Criminal Law ", but it is too late.

3 Artificial time problems for minor artists

Another very significant problem for minor artists to participate in performing arts activities is working hours. Adults still need to work in for eight-hour working hours, but many underage artists face much more intense work than this. The country has repeatedly proposed to ensure the comprehensive development of minors' morality, intelligence, physical fitness, aesthetics and labor, and to ensure the sleep time of minors. This is all for the purpose of allowing minors to grow up healthily.

In contrast, in the entertainment industry, no matter what we are difficult for us to know, let’s take the popular talent shows in recent years as an example.Because of the high competitive pressure and tight time, most people go round from morning to night, staying up late to rehearse is the norm. At the end of the show, fans could clearly see that the artists' overall mental state had become much worse. Although this is a competition, it seems that they are also for their own future, isn’t this high-pressure environment also deliberately created by the capital? The harder the artists work, isn’t the capital side’s return in the end? This is not conducive to the growth of minors.

4 Conclusion

Artists are a difficult profession. They are glamorous in front of others and sweat behind others. But at any time we should be clear about whether this kind of hard work is voluntary? Adult artists should be responsible for their choices. If they want to get money and honor, they have to live according to the rules of the entertainment industry. However, underage artists’ world outlook, outlook on life and values are not yet mature, and choosing to enter the entertainment industry is probably based on one-sided understanding rather than a comprehensive consideration. At the same time, they are also susceptible to influence by their parents, brokers, and companies, and are likely to regard what they say as the whole truth. From this we can see that underage artists do not actually have the freedom of choice. Based on this, the law should make more efforts and pay more attention to protecting the interests of minor artists, and not allow the profit-seeking wheels in the entertainment industry to roll faster and faster without restrictions.

The above articles are provided by Zhonglele Entertainment Method.

[Zhonglele Entertainment Law] is a legal service platform focused on the cultural and entertainment industry created by Beijing Junzhong Law Firm and has gathered a group of senior experts in the fields of intellectual property rights, infringement, finance, labor law, etc. Zhonglele Entertainment Law is based on the cultural and entertainment industry, deeply rooted in the law, understand entertainment, and understand the law better. Work with the Chinese cultural and entertainment industry to move forward with confidence!

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