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网络直播打赏法律困境学术研讨会在京举行
Ge Long Hui· 2025-09-15 10:23
Core Viewpoint - The rapid development of the internet economy has led to the rise of the live streaming industry, which has also brought legal disputes regarding tipping behavior into public view [1] Group 1: Industry Overview - As of December 2024, the number of live streaming users in China is projected to reach 833 million, accounting for 75.2% of the total internet users [1] - Live streaming is recognized as a typical form of the digital economy, presenting new legal challenges that require exploration [1] Group 2: Legal Nature of Tipping - Scholars argue that live streaming tipping is not a gift with obligations but rather a reciprocal value exchange, establishing a service contract relationship between users and streamers [2] - Tipping is considered a consumption behavior rather than a gift, a view supported by existing legal precedents [3] Group 3: Legal and Regulatory Considerations - The distinction between user recharge and tipping is emphasized, with recharge seen as a prepayment and tipping as a new consumption model [3] - Experts suggest that addressing criminal activities related to live streaming tipping requires a balance of legal norms, technological safeguards, and industry self-regulation [3]
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→
Yang Shi Xin Wen· 2025-09-11 09:28
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].
主播拒“擦边”博流量与MCN机构起纷争 法院这样判→
Yang Shi Xin Wen· 2025-09-11 08:32
Core Viewpoint - The case highlights the complexities and responsibilities in the collaboration between MCN agencies and live streamers, particularly regarding content guidelines and compliance with platform rules [1][9]. Group 1: Contractual Obligations and Disputes - 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 [1][4]. - The MCN agency provided support services, including guidance on content that led Zhao to incorporate more provocative dance elements, which resulted in multiple violations of platform rules and temporary account bans [2][5]. - Zhao sought to terminate the contract due to the inappropriate nature of the content encouraged by the MCN agency, but disagreements over penalty fees led to the agency suing her for contract termination and repayment of the signing fee [3][4]. Group 2: Legal Proceedings and Court Rulings - The court found that Zhao's actions, including her decision to stop streaming, constituted a breach of contract, allowing the MCN agency to seek contract termination [7]. - The court noted that both parties had contributed to the breach of contract, with the MCN agency's guidance leading to inappropriate content and Zhao's acceptance of such guidance [8]. - Ultimately, the court ruled to terminate the contract, requiring Zhao to return the signing fee while dismissing the MCN agency's claims for additional penalties [9]. Group 3: Industry Implications - The case serves as a cautionary tale for both MCN agencies and streamers to adhere to compliance and ethical standards in content creation, emphasizing the importance of maintaining a healthy and orderly live streaming ecosystem [9]. - The ruling underscores the need for clear agreements on content and compliance requirements in contracts between MCN agencies and streamers to avoid future disputes [9].
赃款打赏的钱,主播要不要退?业界释疑直播打赏法律争议
Di Yi Cai Jing· 2025-09-10 10:29
Group 1 - The core issue revolves around the legal nature of tipping in live streaming, whether it is considered a gift or a consumption behavior [2][4] - The majority of courts currently support the view that tipping is a consumption behavior, establishing a service contract relationship between users and platforms, as well as between users and streamers [2][3] - There are differing opinions on whether the amount of the tip affects its legal nature, with some experts suggesting that high amounts should be analyzed for reasonable and unreasonable portions [3] Group 2 - The discussion on whether platforms and streamers should be liable for the recovery of illicit funds hinges on the classification of tipping as either a gift or a consumption behavior [4][6] - The principle of "good faith acquisition" is emphasized, suggesting that platforms and streamers should not be penalized for receiving tips if they were unaware of the funds' illicit nature [4][5] - In cases where one spouse uses joint property for tipping without consent, the legal rights of the other spouse must be balanced against the rights of the platform and streamer [5][6] Group 3 - The amounts involved in illicit tipping cases can be substantial, with reported maximum amounts reaching 23 million yuan and median amounts at 277,000 yuan, which can significantly impact the cash flow and operations of platforms and streamers [8] - Platforms express concerns about their rights to participate in legal proceedings, often being named as obligors without having a say in the litigation process [8][9] - There is a call for systemic reform in the handling of seized assets in criminal cases to ensure the rights of third parties, such as platforms, are protected [9]
去年广州规模以上文化及相关产业营收首次突破6000亿元
Zhong Guo Xin Wen Wang· 2025-09-01 06:15
Core Insights - In 2024, Guangzhou's cultural and related industries achieved a revenue of 604.08 billion yuan, marking the first time it surpassed the 600 billion yuan threshold, with a year-on-year growth of 4% [1] - The gaming industry emerged as a significant driver of this growth, generating approximately 140.67 billion yuan in global revenue, reflecting a year-on-year increase of 10.5% [1] - The animation and film sectors in Guangzhou hold a prominent position nationally, with 48 animated films registered in 2024, accounting for 50.3% of Guangdong's total and 8.76% of the national total [1] Industry Performance - The cultural industry in Guangzhou demonstrated strong performance across various segments, including gaming, animation, live streaming, creative design, performing arts, and cultural tourism consumption [1] - The film box office in Guangzhou reached 1.301 billion yuan in 2024, ranking fourth among cities in China [1] - The annual box office for animation and film in Guangzhou has maintained a steady growth trend, ranging between 150 million yuan and 250 million yuan from 2022 to 2024 [1] Recommendations - The blue paper suggests accelerating the application of new technologies such as interactive experiences, digital imaging, lighting equipment, and installation art to enhance the cultural industry [2] - It emphasizes the importance of integrating esports with cultural tourism to create immersive entertainment experiences and foster new business models in the entertainment sector [2]
第一批干团播的年轻人,已经后悔了
Hu Xiu· 2025-08-30 06:43
Core Viewpoint - The rise of group broadcasting (团播) has attracted significant attention, with many individuals from various professions transitioning into this field, driven by the allure of high earnings and new employment opportunities [5][39][90]. Group 1: Industry Dynamics - Group broadcasting has become a new employment trend, with many young people believing they can easily earn money by participating [39][41]. - The industry is characterized by a competitive environment where streamers engage in various performance styles to attract viewers and gifts [17][19][20]. - The phenomenon of "sweeping leg dance" has become a standard feature in live broadcasts, showcasing the evolving nature of group broadcasting [7][9][11]. Group 2: Employment Opportunities - Many individuals from diverse backgrounds, including former entertainers and professionals, are finding new opportunities in group broadcasting [4][38]. - The entry barrier is relatively low, with many companies offering training and a base salary exceeding 10,000 yuan, plus commissions [41][43]. - Real-life examples indicate that some individuals have achieved monthly earnings of up to 50,000 yuan within a short period [45][47]. Group 3: Challenges and Risks - Despite the attractive earnings, the reality of working in group broadcasting often involves long hours and significant preparation time, leading to a demanding work environment [55][56]. - Many newcomers face exploitation, with some companies employing unfair practices, such as withholding salaries and imposing hefty penalties for contract breaches [62][66]. - The industry has been criticized for its lack of regulation, leading to potential financial and emotional exploitation of both streamers and viewers [59][70][92]. Group 4: Industry Evolution - The entry of professional teams into the group broadcasting space is pushing the industry towards a more refined and high-quality direction [84][90]. - Companies with experience in entertainment production are enhancing the quality of broadcasts, indicating a shift towards a more structured and professional approach [88][89]. - However, the industry still faces challenges related to maintaining quality and addressing negative perceptions, necessitating collective efforts for improvement [94][95].
虎牙直播提供含有危害社会公德内容网络表演被罚
Zhong Guo Xin Wen Wang· 2025-08-29 13:15
Group 1 - The core issue is that Huya Live, operated by Guangzhou Huya Information Technology Co., Ltd., was fined 10,000 RMB for providing online performances containing content harmful to social ethics [1] - The fine was accompanied by the confiscation of illegal gains amounting to 14 RMB [1] - The penalties were based on specific regulations, namely Article 6, Item 1 of the "Regulations on the Management of Online Performance Business Activities" and Article 16, Item 9 of the "Interim Regulations on Internet Culture Management" [1] Group 2 - Guangzhou Huya Information Technology Co., Ltd. was established in August 2016 and has a registered capital of 92,293,000 RMB [5] - The company is wholly owned by Linzhi Tencent Technology Co., Ltd. [5] - Current risk assessments show that the company has 1,007 self-reported risks, 250 surrounding risks, 7 historical risks, and 145 warning alerts [5]
斗鱼直播美股跌8% Q2直播收入降27%月活跌破4000万
Zhong Guo Jing Ji Wang· 2025-08-27 01:05
Core Viewpoint - Douyu International Holdings Limited (斗鱼直播) reported a decline in its stock price by 8.28% to $7.86 on August 26, following the release of its Q2 2025 unaudited financial report, which showed mixed results in revenue and profitability [1]. Financial Performance - In Q2 2025, Douyu's total revenue was 1.054 billion yuan, representing a year-on-year growth of 2.1% [1]. - The company achieved a net profit of 37.83 million yuan, a significant improvement from a net loss of 49.20 million yuan in the same period last year [1]. - On a non-GAAP basis, the adjusted net profit was 25.30 million yuan, compared to a net loss of 45.50 million yuan in the previous year [1]. User Engagement - In Q2 2025, Douyu's live streaming revenue was 578 million yuan, reflecting a year-on-year decline of 26.9% [2]. - The average monthly active users for Douyu's live streaming business were 36.40 million, marking an 11.4% decrease year-on-year, and this was the first time the monthly active users fell below 40 million [2].
羞辱、黄腔、性骚扰,被直播公司围猎的未成年人
Xin Jing Bao· 2025-08-27 00:27
新京报记者 胡倩 编辑 胡杰 校对 赵琳 看到"14岁女生离职被MCN机构起诉索赔1.7万元"的新闻,15岁的赵晴害怕得无法入睡,两人曾在同一 家涉事公司当主播,同样签署了一份后来被网友称为"卖身契"的合同。那个晚上,她翻来覆去地算,自 己要端多少盘子、手扎多少袋塑料花,才能贴够这样一笔赔偿款。 赵晴的背后是一群出身农村、在家庭与校园中困顿的十四五岁年轻女孩。她们懵懂地签下一份风险合 同,进入城市,迈入写字楼里狭小的格子间,换上远超她们年龄的性感裙装与成熟妆容,假扮成年人做 起网络主播。 入职时被许诺的高薪、轻松工作的泡影很快被戳破,女孩们每天要面对的是来自榜一大哥的调戏与骚 扰、公司严苛的考核甚至刁难。而当这些未成年主播们想要逃离时,却发现自己当初签下的合同,有可 能让她们背上高额赔偿,甚至成为失信人。 尽管国家及平台对未成年人直播牟利有严格管控,但仍有MCN机构利用未成年人涉世未深、渴望成名 的心理,以"高保底""流量扶持""出名""成网红"等虚幻承诺和短期利益为诱饵,诱导其签下不平等合作 协议。一些未成年人深陷其中,难以自拔。 羞辱、"黄腔"、性骚扰 赵晴开播了。一字肩露出肩颈,裙摆坐下来也只垂在大腿根 ...
成年人打赏主播后请求返还,法院判决:自主打赏不予支持
Xin Jing Bao· 2025-08-26 11:59
Group 1 - The court ruled that the plaintiff's act of tipping the streamer was a genuine expression of intent, and the contract formed with the platform was valid and enforceable [1][4] - The plaintiff, Liu, claimed he was "induced" to tip a total of 20,000 yuan due to misleading practices by the streamer, but the court found no evidence to support this claim [2][4] - The platform had implemented various consumer protection measures, including warnings about impulsive tipping and reminders to spend within one's means [3][4] Group 2 - The court emphasized that adults are responsible for their consumption decisions, and the plaintiff's actions were voluntary and within the normal range of consumer behavior [4] - The court dismissed all claims from the plaintiff, ordering him to bear the case acceptance fee of 150 yuan, and the judgment has taken effect [4]