16-year-old teenager 1.6 million rewards the anchor after courting court and refunds
The live broadcast platform "Youth Mode" is in vain
Liu Hao (a pseudonym), the 16-year-old son of the uncle who sells vegetables, got into a disaster. He rewarded all the nearly 1.6 million yuan in his father's bank card to an anchor on a live broadcast platform. This money was originally collected by Old Liu from his relatives and friends to buy a vegetable shop.
Not long ago, Tianjin No. 3 Intermediate People's Court heard this case of a contract dispute caused by a minor's high-value rewards through a live webcast platform. After repeated communication and coordination, the parties reached an out-of-court settlement. The plaintiff, Lao Liu, applied to withdraw the lawsuit, and the live broadcast company returned nearly 1.6 million yuan.
In recent years, my country's online payment technology and online entertainment service industry have developed rapidly. It is not uncommon for minors to invest huge sums of money to recharge to play online games and "reward" for anchors. The judge handling this case stated that even if the losses caused by minors’ irrational consumption can be returned after many efforts, they can only be remedied after the fact. “How to reduce the occurrence of such situations from the root cause urgently requires effective actions by all parties in society. Guidance and response".
In this case, Liu Hao dropped out of school at home in the second grade. Old Liu asked him to collect money from the store and then deposit the money in the card. Lao Liu was busy with his livelihood and rarely asked about his son's life. He didn't know that his son had become obsessed with an anchor on the live webcast platform.
Liu Hao used his mother's ID card information to register and log in on the live webcast platform. In order to attract the attention of the anchor and increase the chance of interaction with him, he frequently brushed gifts for the anchor. Because he was too addicted to extricate himself, within 3 months, Liu Hao unknowingly rewarded the anchor with nearly 1.6 million yuan in his bank card in the live broadcast room. After the parents found out, they contacted the live broadcast platform many times to explain the situation, hoping that the other party could refund the money given to the child who was not sensible, but was refused.
There was no way to appeal from multiple parties, so Lao Liu took the live webcast platform to court. The court of first instance sentenced the technology company to which the live broadcast platform belongs to refund part of the amount, but Lao Liu hoped to refund all the amount rewarded, so he appealed to the Tianjin Third Intermediate Court.
In response to the issue of minors’ live-streaming rewards, the Supreme People’s Court issued in May this year the "Guiding Opinions on Properly Trial of Civil Cases Involving the New Coronary Pneumonia Epidemic (2)", which clearly stipulates that persons with limited civil capacity have not The guardian agrees that the people's court shall support the payment of money that is not suitable for his age or intelligence by participating in online paid games or “rewarding” on the online live broadcast platform, and the guardian requests the network service provider to return the money.
The judge handling the case stated that the case is a new type of case arising from the rapid development of my country's online payment technology and online entertainment service industry. The above provisions limit the amount of money that should be returned to the part that is not compatible with the age and intelligence of the minor. This can be determined by the judge in a specific case based on the type of games the minor participates in, the growth environment, and family financial status. Comprehensive judgment of factors.
In this case, the judge hoped that the technology company would assume corresponding social responsibilities and work with all sectors of society to safeguard the legal rights of minors. The live broadcast website eventually refunded the rewards, providing an actionable path to resolve such disputes. "All sectors of society have responsibilities and obligations to safeguard the legitimate rights and interests of minors." The judge handling the case said that at present, teaching children how to use the Internet and conveying them a reasonable concept of consumption is a topic that the whole society should study together.
It is worth noting that the current supervision of webcasting is still limited to content review. According to the requirements of the Cyberspace Administration of China, since March last year, 53 live webcast and video platforms have launched the "Youth Mode". The reporter browsed multiple live broadcast platforms and found that although many platforms have set up the "youth mode", in this mode it is not possible to give rewards and viewing time is also restricted, but the "youth mode" can be easily cancelled by entering the password.
According to a report released by the China Internet Information Center (CNNIC) a few days ago, the "youth mode" of the live broadcast platform is useless. There are problems such as easy extension of the use time limit, no mandatory real-name authentication, and even inducing rewards.
In addition, the judge handling the case stated that the 16-year-old in this case had given rewards many times, and he did not attract the attention of the parents until it caused a catastrophe. “Parents must assume the responsibility of guardianship and education, and help minors establish correct values. Protect its healthy growth."
China Youth Daily · China Youth Daily reporter Hu Chunyan Source: China Youth Daily