After the public opinion fermented, the video also attracted the attention of relevant departments. After identification, the shark in the video is indeed a human shark. At present, the anchor’s account has been banned, and the relevant personnel have been controlled by the police.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law:The first is the Wildlife Protection Law. All wild animals in our country are regulated by law. Hunting, including eating, is prohibited without authorization. These are illegal acts.
The whole video is marked with “artificial breeding and edible” in the upper left corner, but experts pointed out that marking “artificial breeding” cannot be used as a basis for the anchor to avoid illegal risks.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law:The species of great white shark has not been successfully farmed so far, so even if the so-called defense is marked, it is actually impossible in the scientific field, so it is a false mark and cannot be argued.
In recent years, there have been occasional cases of breaking the law due to the release of hunting and eating broadcasts. In July 2020, a food blogger with more than 3 million followers picked the endangered plant “jellyfish snow rabbit” in a video and cooked it with instant noodles. In May 2021, an anchor was criminally detained by the police in accordance with the law for posting a video of eating a national second-class protected animal, anchovy snail.
In this regard, experts pointed out that not only the host and relevant personnel should bear legal responsibility for the release of videos that spread the consumption of protected wild animals and plants, but also the platforms involved have inescapable responsibilities.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law:The legal responsibility that the platform has to bear is multi-level. During the inspection process, if it is found that the video released by the anchor involves violations of laws and regulations, necessary measures must be taken in a timely manner. If the necessary measures are not taken, the platform is also liable.
Exciting eating and broadcasting may endanger life and health
Eating rare wild animals and plants is suspected of being illegal, and there are also some curious eating and broadcasting, eating uncommon or dangerous ingredients, which will harm the health of the anchor and even the safety of life, and also transmit incorrect values, causing harm to others and society. Potentially dangerous.
Recently, a “strange fish” called the alligator gar has appeared frequently in many places in my country. It is one of the most ferocious carnivorous freshwater fish in the world and can grow to 2 meters long and hundreds of pounds. Its eggs are highly poisonous, dangerous to eat by mistake, and the meat is rough, but some anchors make them into pickled fish.
Ding Zhaochen, Technical Commissioner of Nanjing Finless Dolphin Protection Association:Female alligator gars have highly toxic ovaries during their breeding season, and the idea of controlling them by eating alligator gars is dangerous.
The reporter searched for “food broadcast” related content on the short video platform, and found that there are not a few bloggers who regard the novelty of ingredients as a selling point. Many bloggers will also use the most eye-catching ingredients in the video as the cover image of the video, and add extreme adjectives such as “once in a hundred years” and “first eat on the whole network” to emphasize the special ingredients and attract users to click and watch.
There are also some anchors who publish videos of eating live fish, insects, wild mushrooms, etc. in the name of recording “country delicacies”. However, such “eating and broadcasting” hides great health risks. Taking raw meat, fish, shrimp, and insects as an example, there is a risk of infection with parasites. And raw wild mushrooms may cause poisoning or even death. Experts also pointed out that publishing and disseminating such videos of eating and broadcasting also violates relevant laws and regulations.
Zhu Wei, Deputy Director of the Communication Law Research Center, China University of Political Science and Law：The “Code of Conduct for Internet Anchors” has a clear provision in it that videos that may cause physical discomfort to others are not suitable for dissemination on the Internet, so they may also be judged as illegal videos by the platform. Because his behavior itself is a dangerous behavior, some of those who watch the anchor may imitate it.
The supremacy of traffic gives birth to the hunter-style eating and broadcasting
The original intention of “eat and broadcast” is to bring netizens to “enjoy delicious food in the cloud”. Due to the ease of entry and quick realization, it has attracted more and more anchors to devote themselves to eating and broadcasting. In the fierce competition, some video creators have started hunting and broadcasting for blog traffic.
At first, Chibo was the anchor chatting and interacting with fans while eating live broadcast. With the introduction of mechanisms such as fan rewards, live broadcasts, and business advertisements, eating and broadcasting has gradually become an emerging industry.
With the intensified competition in the industry, there was a “big stomach king” and “overeating”-style eating and broadcasting that competed with exaggerated food intake and eating for traffic, and gave birth to fake eating, vomiting and other industry chaos. In April 2021, the “Anti-Food Waste Law of the People’s Republic of China” was officially promulgated. It is strictly forbidden to produce, publish, and disseminate content that promotes food waste such as eating too much and overeating. Otherwise, the regulatory authorities will suspend business for rectification and impose a fine of 10,000 yuan. Administrative penalties such as fines of more than RMB 100,000 and less than RMB 100,000 shall be imposed, and relevant personnel and responsible persons, including the anchor, shall be investigated for legal responsibility. The “popular” eating and broadcasting video of the big stomach king was stopped.
Later, some anchors began to use everyone’s curiosity to make videos of eating rare ingredients.
Wang Sixin, Director of the Network Law and Intellectual Property Research Center, Communication University of China:It is to pursue traffic, pursue click-through rate, and obtain a better business monetization model. You have to expand your ways, so that many food broadcasters are curious about the way of eating and the ingredients they eat, to satisfy people’s curiosity, and to constantly take risks.
Experts pointed out that the curious eating and broadcasting will not only have a negative impact on wildlife protection, but also harm the healthy development of the short video industry.
Wang Sixin, Director of the Network Law and Intellectual Property Research Center, Communication University of China:Because if he guides people to eat state-protected animals, it will inevitably lead to more people’s hunting of state-protected animals, more danger of endangerment, and also induce people to form an incorrect way of eating.
Take a multi-pronged approach to stop the wind of “eating odd”
Experts pointed out that in order to effectively manage the curious eating and broadcasting, it is necessary to take a multi-pronged approach and establish a three-dimensional compliance governance system from the three levels of legislation, law enforcement and law-abiding.
In recent years, in order to promote the regulated and healthy development of the webcasting industry, relevant regulatory authorities and industry associations have successively issued a series of normative and guiding documents such as the Regulations on the Administration of Internet Livestreaming Services and the Code of Conduct for Online Livestreaming Marketing. In June this year, the National BroadcastingtelevisionThe General Administration of China and the Ministry of Culture and Tourism jointly issued the “Code of Conduct for Internet Anchors”, which clearly mentioned that Internet anchors should adhere to a healthy style and taste, consciously abandon vulgar, vulgar, kitsch and other low-level interests, and consciously oppose traffic-oriented, deformed aesthetics and other undesirable phenomena .
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law:As a government agency and regulatory authority, the handling of such accounts is not purely online. For example, the relevant offline anchors and the MCN company (network performance brokerage agency) involved should also bear relevant legal responsibilities, and they have a joint relationship.
The “Regulations on the Administration of Algorithm Recommendations for Internet Information Services” issued in March this year clearly stipulates that all recommended content by the platform must undergo relevant audits and must comply with laws and regulations.
Zhu Wei, Deputy Director of the Communication Law Research Center, China University of Political Science and Law：When there are some videos involving curious or dangerous behaviors that are easy to imitate, it may not directly violate the law, but it is very likely to lead to imitation by others. Such videos cannot enter the traffic period through the algorithm.
Wang Sixin, Director of Network Law and Intellectual Property Research Center, Communication University of China：The first responsibility of the platform is to avoid this kind of curious eating and broadcasting behavior from forming an atmosphere on its own platform. If it finds that there is a curious live broadcast to induce people to follow suit, it should take immediate measures, such as account freezing, or Confiscation of illegal gains, even severe shutdowns, etc.
For anchors, it is necessary to clarify the legal bottom line when conducting live food sharing and short video shooting.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law:As an anchor, the first thing you need to understand is the relevant laws and regulations, not only the “Internet Live Streaming Service Management Regulations” and “Cyber Security Law”, but may also include “Wild Animal Protection Law”, including “Internet Anchor Code of Conduct” , including the “Anti-Food Waste Law”, etc., you must understand these in order to ensure that your audio and video are legal and compliant.