Beijing Daily Client | Reporter Yuan Jing
In recent years, a large number of online live broadcast programs in my country have emerged, and the number of online anchors has grown rapidly. Due to the low threshold, the quality of online anchors is uneven. In order to further standardize the professional behavior of online anchors, the State Administration of Radio and Television, and the Ministry of Culture and Tourism recently jointly issued the "Code of Conduct for Online anchors" (hereinafter referred to as the "Code of Conduct for Online anchors". In the future, the badly criticized chaos such as "popularizing science" in health care after being banned, and the problematic anchor will change his vest after he is banned, and live streaming to sell counterfeit and shoddy products will be dealt with.
1. Everyone is responsible for the live broadcast compliance
With the continuous development of Internet live broadcast technology and the widespread popularity of mobile users on short video platforms, online anchors have long crossed the boundaries of careers, from simple "Internet celebrity" experts to entrepreneurs, celebrities, celebrities and even ordinary people, with just one mobile phone, you can turn on the "national live broadcast" mode anytime and anywhere.
The "Specifications" clearly state that online anchors refer to anchors who provide online performances and audio-visual program services through the Internet, including those who broadcast live on the online platform, communicate and interact with users in real time, and speak out in the form of audio and video programs. In addition, in light of the current new technology development, the "Specification" also includes virtual anchors synthesized using artificial intelligence technology in the scope of reference execution.
Judge of the Chaoyang District People's Court of Beijing reminds: According to the definition of "online anchor" clearly defined in the "Specification", the applicable subject of this specification does not only include full-time online anchors who have signed performance brokerage contracts with Internet platforms, performing arts brokerage companies, MCN institutions or platform guilds, people who have uploaded short videos to the platform, "wild" online anchors who have not joined any brokerage companies or platform guilds, ordinary amateurs who have "played" online live broadcasts, etc., and should also consciously abide by the relevant requirements of the "Specifications".
2. Professional anchors should be certified to work
. In terms of live broadcast concepts and content, the "Normative" requires online anchors to adhere to the correct political direction, public opinion orientation and value orientation, establish a correct world outlook, outlook on life, values, and actively practice core socialist values ; the content of the disseminated online performances and audio-visual programs should reflect the new atmosphere of the times, praise the new creations of the people, promote the excellent traditional Chinese culture, and spread positive energy; adhere to a healthy style and taste, consciously abandon low-level interests, and consciously oppose bad phenomena such as traffic first, deformed aesthetics, "fan circle" chaos, and materialism; users should be guided to interact civilizedly, rationally, and consume reasonably; good sound screen image should be maintained, and performance, clothing, makeup, language, behavior, body movements and picture displays should be in line with the public's aesthetic interests and appreciation habits.
In terms of live broadcast skills, the "Specifications" require online anchors to consciously strengthen their learning and master the knowledge and skills necessary to engage in anchor work. In practice, some online anchors claim to be health experts, legal experts, educators, and financial management masters. In order to attract traffic and attention, the content told through live broadcasts on the Internet is not only unprofessional, but is suspected of spreading content that violates scientific common sense. In this regard, the "Specifications" require online anchors who are engaged in medical, financial, legal, education, etc. who need a high professional level to actively report their professional qualifications to the live broadcast platform. The live broadcast platform needs to verify the identity of the online anchor to ensure that the anchor "has a certificate to work."
In terms of live tax payment, the "Specifications" require online anchors to truthfully declare income and fulfill their tax obligations in accordance with the law. On September 18, 2021, the General Office of the State Administration of Taxation issued the "Notice on Strengthening Tax Management of Personnel in the Entertainment Field", pointing out that "double random and one public" tax inspections for online anchors should be carried out regularly, and deterrent and exposure of typical tax evasion cases in the entertainment field should be strengthened. Since the notice was issued, many online anchors have been recovered and fined by tax authorities for evading taxes, which once again sounded the alarm for the live broadcast industry.
According to Article 10 of the of the E-Commerce Law of my country, e-commerce operators shall handle the registration of market entities in accordance with the law.However, it is not possible for individuals to sell their own agricultural and sideline products and household handicraft products, and individuals to use their skills to engage in convenient labor activities and sporadic small transactions that do not require permission according to law, and do not require registration in accordance with laws and administrative regulations. Article 11 stipulates that e-commerce operators shall perform tax obligations in accordance with the law and enjoy tax incentives in accordance with the law. After the first tax obligation arises, e-commerce operators who do not need to register as market entities shall apply for tax registration in accordance with the provisions of tax collection and management laws and administrative regulations, and truthfully declare and pay taxes.
Judge of the Chaoyang District People's Court of Beijing reminds: online live broadcast room is not a lawless place, and paying taxes according to law is the basic obligation of citizens . The E-Commerce Law has included online anchors in the category of e-commerce operators. The " Online Transaction Supervision and Administration Measures " clearly stipulates that if an individual engages in online transaction activities with a cumulative annual transaction volume exceeds 100,000 yuan, they shall register and declare taxes in accordance with the law. Online anchors should adhere to the bottom line of the law, actively assume social responsibilities, and become an example of paying taxes in accordance with the law.
3, 31 behaviors must not appear when broadcasting live
. In response to the outstanding problems existing in the current online performance and audio-visual program services, the "Specifications" list 31 behaviors that online anchors must not appear in the process of providing online performance and audio-visual program services, and sets the bottom line and red line for the online anchors' professional behavior.
specifically includes: not publishing content that violates the basic principles determined by the Constitution and violates national laws and regulations; not fabricating or deliberately spreading false information to disrupt social security and public order; not deliberately hyping up social hot topics and sensitive issues; not hyping up scandals, scandals, bad deeds, and spreading content that is low-end, violates the core socialist values, and violates public order and good customs ; not introducing or displaying it is easy to cause failure The dangerous behavior of imitation by adults shall not express content that induces bad habits of minors; they shall not guide vulgar interactions, organize and incite fans to tear each other, induce insults, lead to war, spread rumors and attacks, and implement online violence ; they shall not imply, tempt, and encourage users to "reward" large amounts of "rewards" and lure underage users to "rewards"; they shall not market counterfeit and shoddy products, exaggerate publicity and mislead consumers, etc.
For example, when Ms. Wang watched the live broadcast, the anchor Xiao Li claimed that the pots sold were imported from France and were made of rubies. But after she purchased the goods, she found that some of the pots were manufactured in Southeast Asia and were made of aluminum alloy. In this case, what should Ms. Wang do?
Article 18, paragraph 2 of the E-Commerce Law stipulates that if an e-commerce operator sends advertisements to consumers, he or she shall abide by the relevant provisions of of my country's Advertising Law. Article 56 of the Advertising Law clearly states that if a person violates the provisions of this Law, publishes false advertisements, deceives or misleads consumers, and causes the legitimate rights and interests of consumers who purchase goods or receive services to be damaged, the advertiser shall bear civil liability in accordance with the law. If an advertising operator or advertising publisher cannot provide the advertiser's real name, address and valid contact information, consumers may require the advertising operator or advertising publisher to compensate first. If false advertisements of goods or services related to consumers' lives and health causes damage to consumers, their advertising operators, advertising publishers, and advertising spokespersons shall bear joint and several liability with the advertiser. If false advertisements of goods or services other than those specified in the preceding paragraph cause damage to consumers, their advertising operators, advertising publishers, and advertising spokespersons, who know or should know that the advertisement is false, shall bear joint and several liability with the advertiser.
Therefore, anchor Xiao Li accepted the commission from product seller Company A to conduct live streaming and sales, obtain a certain proportion of sales commission, and recommending products through the live broadcast platform, which is a commercial advertising behavior. Then, if false advertisements are posted, deceiving or misleading consumers, Company A shall bear civil liability in accordance with the law. In addition, if Xiao Li knows or should know that the product introduction is false during the live broadcast and continues to recommend it, causing damage to consumers, he shall bear joint and several liability with seller Company A.
Judge of the Chaoyang District People's Court of Beijing reminds: online anchors are not allowed to market counterfeit and shoddy products, infringe on intellectual property rights or do not meet the requirements for protecting personal and property safety, and shall not fabricate or tamper with data traffic such as transactions, attention, views, likes, etc.; they shall not exaggerate and mislead consumers, lure consumers through false promises, use absolute terms, and violate advertising-related laws and regulations to sell specialized items without permission; they shall not spread false or harassing advertisements through "barrage", live broadcast room names, announcements, voice, etc. When consumers are shopping live, they should pay attention to retaining evidence, such as screenshots of online shopping orders, payment vouchers, anchor introductions of products, etc. If necessary, they can record screens, audio recordings or notarization to retain important electronic evidence so that they can protect their rights and provide evidence in the future.
4. Problem anchors cannot change their numbers and broadcast them again
In addition to regulating the individual behavior of online anchors, the "Specifications" also require online performances, online audio-visual platforms and brokerage institutions to strictly perform their statutory duties and obligations and implement their main responsibilities.
Specifically, it includes strengthening the education and training, daily management and standardized guidance of online anchors; establishing and improving internal system norms such as online anchor entry, training, daily management, business scoring files and "red and yellow card" management; providing positive incentives for online anchors who are upward and kind and abide by behavioral norms; strengthening warnings and constraints for online anchors who have violated the rules; online anchors who have serious problems, have problems many times and have not changed their knowledge after repeated teachings should ban their accounts, include relevant online anchors in the "blacklist" or "warning list", and re-start broadcasts are not allowed in the form of changing accounts or changing platforms.
Online performance brokerage agencies should also protect the legitimate rights and interests of anchors in accordance with the law. Xiao Dai attended a lecture on a brokerage company to recruit online anchors. Under the "scam" that the company claimed that the anchor could easily earn high rewards, he signed an "Artist Brokerage Contract" with the company. The two parties agreed that the contract term is 5 years. If Xiao Dai terminates the contract early, he will compensate the company for 1 million yuan in liquidated damages. After signing the contract, Xiao Dai began to broadcast live on the online platform according to the company's instructions, with the main contents being chatting and dancing. Three months after the live broadcast, Xiao Dai only received more than 3,000 yuan in live broadcast income paid by the company, so he asked the company to resign and refused to conduct any live broadcast activities. The company went to court to file a lawsuit, demanding that the other party pay a penalty of 1 million yuan. After trial, the court held that Xiao Dai unilaterally filed for resignation before the cooperation period agreed in the contract, and his actions constituted a breach of contract. The court also found that during the contract performance, the company did not provide Xiao Dai with professional acting training or career planning guidance, and only required him to attract fans with exposed dress or frivolous words and earn the platform's live broadcast revenue share, which was at fault. In view of Xiao Dai's claiming that the liquidated damages agreed in the contract were too high, and he applied to the court for adjustments. Based on the actual losses of the company, the court adjusted the amount of the liquidated damages to 20,000 yuan based on the company's actual losses, taking into account the contract agreement and performance status, the degree of fault of the parties and the expected interests and other factors. Article 509 of the Civil Code stipulates that the parties shall fully fulfill their obligations in accordance with the agreement. Article 585 stipulates that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party based on the breach of contract, or may agree on the calculation method of the amount of compensation for losses arising from the breach of contract. If the agreed liquidated damages are less than the losses caused, the people's court or arbitration institution may increase them according to the request of the parties; if the agreed liquidated damages are too high than the losses caused, the people's court or arbitration institution may appropriately reduce them according to the request of the parties. If the parties agree on liquidated damages for delayed performance, the breach of contract shall also perform the debt after paying the liquidated damages.
Judge of the Chaoyang District People's Court of Beijing reminds: In addition to online anchors, online performance brokerage agencies should also abide by the Constitution and relevant laws and regulations, strengthen the management and constraints of online anchors, provide brokerage services in accordance with the law, and safeguard the legitimate rights and interests of online anchors.
Photo provided by: Visual China
