直播打赏

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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]
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]
治打赏乱象,要“疏堵结合”(新媒视点)
Ren Min Ri Bao Hai Wai Ban· 2025-07-27 23:41
Core Viewpoint - The article discusses the persistent issues surrounding the tipping phenomenon in the live streaming industry, highlighting the need for a comprehensive governance approach to address both the problems and the legitimate aspects of tipping [1][2][3][4]. Group 1: Industry Challenges - The "traffic supremacy" mindset has led some streamers and MCN organizations to engage in unethical practices, such as fabricating personas and spreading vulgar content to induce irrational tipping from users [1]. - The lack of a robust collaborative governance mechanism has resulted in regulatory bodies being unable to effectively screen vast amounts of content in a timely manner [1][4]. - Various stakeholders, including judicial authorities and industry associations, have not sufficiently defined the legal nature of tipping behavior or established unified standards for responsibility allocation [1][3]. Group 2: Market Growth - In 2024, the market revenue for China's online performance (live streaming) industry is projected to reach 212.64 billion yuan, reflecting a year-on-year increase of 1.5% [2]. - By the end of May 2025, the total number of active streamer accounts in the Chinese online performance industry is expected to reach approximately 193 million, marking a growth of about 7.2% [2]. Group 3: Governance Recommendations - To effectively manage the tipping issues, a dual approach of "blocking" and "guiding" is necessary, promoting rational tipping while discouraging irrational behavior [4]. - Streamers should adopt correct values and professional ethics, focusing on high-quality content to attract users [4]. - MCN organizations need to enhance compliance systems and provide training on regulations and professional ethics for streamers [4]. - Live streaming platforms should improve their rules and utilize AI and manual reviews to strengthen content and user identity verification [4]. - Regulatory bodies must establish a regular oversight mechanism to combat illegal tipping practices and provide clear guidelines for the legal nature of tipping [4].