事关3800多万主播权益，直播行业竞业协议亟待规范

Core Viewpoint - The rapid growth of the live streaming industry in China has led to a significant increase in the number of professional streamers, raising concerns about their rights and the implications of non-compete agreements with MCN agencies [1][2]. Group 1: Industry Growth and Employment Dynamics - As of December 2024, the number of live streaming users in China is projected to reach 833 million, with professional streamers totaling 38.8 million, representing a year-on-year growth of 150% [1]. - The relationship between streamers and MCN agencies often falls between labor contracts and civil cooperation agreements, with many streamers signing "Talent Agency Contracts" instead of traditional labor contracts [1]. Group 2: Non-Compete Agreements - Non-compete agreements must be clearly defined, especially in the context of evolving business models within the industry [2]. - A case involving a streamer named Zhang highlighted the ambiguity in calculating follower counts across multiple accounts, leading to a court ruling that Zhang did not trigger non-compete conditions and thus bore no liability for breach [3]. Group 3: Balancing Interests - The Shanghai First Intermediate People's Court emphasized the need to balance the competitive interests of employers with the employment rights of streamers, suggesting that non-compete compensation should be reasonable to protect both parties' interests [4]. - In another case, the court adjusted the penalty for a streamer named Shi, ruling that the non-compete compensation should be equivalent to the compensation received, reflecting a fair approach to enforcement [4]. Group 4: Recommendations for Non-Compete Agreements - The court's judge, Gu Huiping, advocated for precise agreements that align with specific roles and confidential information, promoting a balance between protecting trade secrets and allowing personal employment freedom [5]. - It is recommended that non-compete agreements be tailored to the specific circumstances of each streamer, avoiding overly broad restrictions that could infringe on their employment opportunities [5].