How to manage vulgar behavior in webcasting？ Experts suggest legislation to regulate it.

　　Cartography/Li Xiaojun　　

　　Our reporter Pu Xiaolei

　　Recently, the Network Culture Working Committee of China Cultural Management Association shouted Betta in its official Weibo, hoping Betta can "strictly observe the lifeline of platform content security".

　　The cause of the incident was that Edison Chen, the star, was broadcast live by an anchor in Betta when she was taking her children shopping. Edison Chen thought that this behavior violated the privacy rights of her and her family, so she was very dissatisfied with it and angered the anchor.

　　The Network Culture Working Committee of China Cultural Management Association issued a document pointing out that the incident fully exposed the deficiencies and defects of Betta in content supervision, and also showed that Betta should take greater responsibility for the content published on the platform.

　　In recent years, with the increasing supervision, the phenomenon of illegal activities in webcasting has been greatly reduced. However, there are still chaos such as invading other people’s privacy, playing pornographic games and spreading vulgar information.

　　Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, pointed out in an interview with the reporter of Legal Daily recently that the chaos of live webcasting is very different from that of previous years. Compared with the illegal acts involving pornography and violence in previous years, there are more chaos such as invading others’ privacy, propagating feudal superstitions and spreading vulgar culture.

　　"Webcasting can’t harm the public interest, and can’t challenge public order and good customs. In this regard, it is necessary to regulate it through legislation. While defining the behaviors that endanger the public order of the network, it is necessary to set the bottom clauses that must not violate the public order and good customs, and promote the establishment of an effective Internet behavior rule. " Zhu Wei said.

　　The vulgar phenomenon of playing "edge ball" still exists

　　On April 8, the police in Rongxian County, Sichuan Province issued a notice saying that since 2018, Tang Moumou (female) has filmed fishing videos in bright exposure and wearing red scarves in farmland in order to gain eyeballs and increase the number of fans and videos, and uploaded the edited videos on a live broadcast platform with "Yibin Yingying" account, and the video playback volume reached more than 3 million times. According to the Public Security Administration Punishment Law, the police imposed administrative detention on him for 12 days and imposed a fine of 1,000 yuan, ordering him to delete relevant videos.

　　In Zhu Wei’s view, what the female anchor did was one of the most common chaos in the current webcast — — Spread vulgar culture.

　　Zhu Wei believes that with the improvement of relevant systems and the strengthening of supervision in recent years, the phenomenon of violation of laws and regulations has basically disappeared in the live webcast, but more is to start playing "edge ball".

　　"Vulgar behaviors such as female anchors wearing red scarves and fishing are more common in webcasts. In fact, this phenomenon has existed almost since the appearance of webcasting. Compared with pornography and other illegal acts, this kind of behavior mainly violates public order and good customs, and is more in a relatively obscure gray area. " Zhu Wei said.

　　In fact, the regulatory authorities have already begun to rectify the chaos of webcasting, and have formulated corresponding laws and regulations.

　　On December 1, 2016, the Regulations on the Administration of Internet Live Broadcasting Service was officially implemented, which clearly defined the main responsibilities of the webcast platform, the requirements for user access review, and the blacklist notification system.

　　At the same time, the relevant departments still maintain a high-pressure situation against the chaos of webcasting.

　　On April 9, Weibo, the official of the National Office for Combating Pornography, announced that recently, in order to severely crack down on the dissemination of vulgar information and create a clean and upright network cultural environment, the National Office for Combating Pornography decided to carry out a nationwide special rectification of vulgar information on the Internet.

　　The special campaign was launched in April 2019 and will last for 8 months. It will comprehensively use various means such as administrative management, industry norms and moral constraints to focus on solving outstanding problems that the masses have strongly reflected, focusing on cleaning up the dissemination of obscene pornography and pornographic information on the Internet; Content with "sex" as a selling point, which is not suitable for communication; Propagandize the contents that violate the correct concept of marriage and love and family ethics; Internet spoof, teasing and other content that caters to low-level tastes; Promote violence, blood, terror, cruelty, etc.

　　Small live broadcast platforms are still chaotic.

　　The 43rd Statistical Report on China’s Internet Development shows that as of December 2018, the number of webcast users reached 397 million.

　　Teenage girls are pregnant, revealing their clothes and posing, and openly teasing the national anthem … … In order to compete for the huge market, in the past few years, the webcast platform can be described as "the organization is too smart", allowing the anchor to attract fans with a vulgar and even illegal behavior.

　　However, this kind of behavior of quenching thirst by drinking poison is "against your life" after all — — In recent years, the National Network Information Office has made a series of heavy punches, and nearly 100 live broadcast platforms have been suspended due to suspected violations of the content. Moreover, the storm of rectification is still going on, and the special rectification of vulgar information on the Internet has begun.

　　In addition to the vigorous rectification by the regulatory authorities, the webcast platform is also shuffling.

　　Ding Jie, a partner of Aiying Consulting, believes that in the past few years, some formal and law-abiding platforms have found their own unique development channels by developing offline or bundling with sports, e-sports and other industries, and some platforms have tried to attract traffic through yellow content. The latter will definitely not last long, which is a short-sighted and reckless means for platform managers. The past two or three years have proved that illegal platforms have been eliminated. In the future, the live broadcast platform will continue to shuffle.

　　Nowadays, after external rectification and internal innovation, the webcast has basically completed the transition from the "wild first half" to the "civilized second half".

　　It is worth noting that although webcasting is getting better under the sunshine, some dark corners still exist.

　　Tian Feng, a researcher at the Institute of Sociology of the Chinese Academy of Social Sciences, believes that after several rounds of governance, domestic mainstream live broadcast platforms have made great progress in anchor management, content control and on-site supervision, and formed relatively complete self-examination and self-correction rules, but some small live broadcast platforms hidden in the corner of the Internet world are still in chaos.

　　Tian Feng pointed out that small live broadcast platforms are mostly "black live broadcast" operated by informal means and underground, and mainly spread by forum comment areas, small pop-up advertisements and some illegal websites. There is no bottom line in live broadcast content, especially obscene, pornographic and naked content, and even a "one-on-one" live broadcast form is explicitly prohibited.

　　However, due to low operating costs, strong liquidity, anonymity and other reasons, it is very difficult to manage the small live broadcast platform.

　　"These phenomena also show that the process of webcasting from chaos to governance has never been achieved overnight, nor can it be completed by unilateral forces, but it needs the cooperation of regulatory authorities, live broadcast platforms, network anchors and other parties." Zhu Wei said.

　　Legislation should enumerate the contents prohibited from broadcasting.

　　Experts suggest legislation to regulate the chaos such as vulgar behavior in webcasting.

　　Zhang He, a professor at Kunming University of Science and Technology, believes that although the webcast space has personal attributes, the Internet also has more public space attributes. Therefore, adhering to the legal bottom line and observing public order and good customs should become the most basic common sense in webcasting.

　　Zhang He suggested that in legislation, the experience since the implementation of the Regulations on the Administration of Internet Live Broadcasting Service should be summarized, and the content and behavior of live broadcasting prohibited by law should be concretized by enumeration, so as to improve the operability of the law.

　　Chen Yitian, a member of the Professional Committee of Government Legal Counsel of Guangdong Lawyers Association, believes that in addition to enumerating the webcasting behaviors prohibited by law, the bottom clause should also be set.

　　When it comes to webcasting, Chen Yitian still remembers the incident of "two anchors live in IKEA for the night".

　　One night in December 2016, two anchors, a man and a woman, entered the IKEA store in Siyuanqiao, Beijing, and broadcast the challenge of "staying at IKEA for the night" live. The two hid in the closet and tried to broadcast the overnight stay at IKEA live, but they were quickly discovered by the security personnel in the mall.

　　In Chen Yitian’s view, the reason why the two anchors will implement the "IKEA Overnight" behavior is that it violates common sense and common cognition, and will have an eye-catching effect. Although it does not explicitly violate the legal provisions and ultimately does not cause serious consequences, such an behavior should not be advocated and imitated, because it violates the basic contract habits between consumers and businesses and the good customs.

　　Chen Yitian believes that live broadcast is a new thing, and its code of conduct is difficult to be covered by past laws. Moreover, it is difficult to list the types of illegal and infringing acts exhaustively, so there must be a clause that "public order and good customs cannot be violated", that is, the basic requirements of public order and good customs cannot be violated, otherwise the relevant personnel should be investigated for legal responsibility.

　　"The Internet is free, but this freedom is not without boundaries, but must abide by laws, regulations and policies. The same is true for webcasting, which cannot infringe on the legitimate rights and interests of others, harm the public interest, and violate public order and good customs. " Zhu Wei said.

　　Zhu Wei believes that legislation also plays an important role in providing direction and guidance for the artificial intelligence algorithm of the platform.

　　"In the governance of webcasting chaos, the review of the platform is very important, which requires the artificial intelligence algorithm of the platform to keep up with the development of the times. The law should tell the platform what is illegal. Of course, this work is difficult, but it needs to be done. " Zhu Wei said.