法治在线丨主播拒“擦边”博流量与MCN机构起纷争 法院这样判→

Core Viewpoint - The case highlights the responsibilities and potential misconduct of both the MCN agency and the streamer, Zhao, in the context of their contractual relationship and the implications of "lowbrow" content in the live streaming industry [1][29]. Group 1: Contractual Agreement - Zhao, a dance streamer, signed a three-year contract with an MCN agency, receiving a signing fee of 70,000 yuan, with specific agreements on content and streaming hours [2][12]. - The MCN agency provided support services, guiding Zhao to incorporate modern dance elements and suggestive content to attract viewers and increase tips [4][6]. Group 2: Content Violations and Consequences - Zhao's adherence to the MCN's guidance led to multiple violations of platform rules, resulting in temporary bans on her account for "vulgar" content [6][10]. - After realizing the inappropriateness of her content, Zhao sought to terminate the contract, but disagreements over penalty fees ensued, leading the MCN to file a lawsuit [8][10]. Group 3: Court Ruling and Implications - The court ruled that both parties had contributed to the breach of contract, with Zhao's actions leading to the inability to fulfill the contract's purpose, thus supporting the MCN's request for contract termination [19][22]. - The court emphasized that both the MCN's guidance and Zhao's compliance with "lowbrow" content violated public morals, resulting in a ruling for contract termination and the return of the signing fee, while rejecting the MCN's claims for additional penalties [25][27]. Group 4: Industry Insights - The case serves as a cautionary tale for both streamers and MCN agencies, highlighting the importance of adhering to compliance and ethical standards in content creation to maintain a healthy live streaming ecosystem [29].