Children's soft and erotic emoticons are deep
"I've been greedy for you for a long time" "I want to press you on the bed"... The pictures of children have been written with words like "Want to make an appointment" and "Drive".
In the introduction of similar cute baby emoticons on a certain App, there are many descriptions such as "Lie Han/Lie Mei Routine" and "Couple Driving Emoji".
As an in-depth user of this app on a lifestyle platform, Dong Xiaomeng (pseudonym) feels that when these children grow up, they would never want to see such a label on their photos.
She searched several soft pornographic emoticons for children to report, but unexpectedly, because she first browsed the related content, she was recommended more similar emoticons on the homepage.
Nowadays, emoticons have become one of the indispensable social languages.
However, the combination of soft cute children and "color" text still caused a lot of controversy.
Dong Xiaomeng believes that this phenomenon can only be curbed by the platform taking responsibility and legal pressure.
However, not everyone agrees that "the use of children as a vehicle for expressing desires is uncomfortable".
Some netizens retorted, "Just use it, don't worry about too much."
Children's soft erotic expression pack under the cute coat
Why is it clearly "the word of tiger and wolf", but it has to be packaged as "children's words"?
"In the relationship between the sexes, they become mentally retarded and understand their erotic desires as'cute'." This comment was considered by netizens as "the biggest cause of the proliferation of child pornographic emoticons."
Dr. Zong Yixiang from the School of Journalism and Communication of Nanjing University said in an interview with a reporter from China Youth Daily and China Youth Daily that the emoji itself, as a social language, has a unique meaning that replaces and surpasses ordinary language, such as opening greetings, relaxing the atmosphere, Expressing friendship, ending the conversation, and other meanings that are still unfinished.
And the cute baby emoji pack combines cuteness and fun to achieve the speechless communication effect here.
Psychological counselor Bing Qianli analyzed from the perspective of psychodynamics: "The shame and fear in people's hearts will be reduced by using weak children to speak out for the shameful and bad needs."
In Bing Qianli's view, the human "secret" behind the soft pornographic emojis of children.
"Lack of open sex education, suppressing, attacking, restraining, and avoiding unconsciously allows people to subconsciously isolate their inner sex needs." He said, however, because there is an instinct for sex in the depths of their hearts, "desire for sex". "Isolation and desire have formed a conflict. I want to express sex without scruple, but also want to avoid shame. Therefore, "disguising" the expression of sex is the best way to present it.
But even if these cute emoticons “disguised” sex and made these pictures and animations less “obtrusive”, Zong Yixiang still pointed out: “No matter what form of transmission is adopted for cute child pornography Packaging has touched the bottom line of law and morality."
In the fourth chapter of the Civil Code, the Personal Rights Edition regulates citizens’ portrait rights, reputation rights, and privacy rights, which are closely related to the Internet.
Professor He Ting, executive director of the Juvenile Prosecution and Research Center of Beijing Normal University, believes that such soft pornographic emojis violate the personality rights of these children.
He Ting said that for every citizen, when making and using emoticons, they must take into account the legal requirements to protect minors.
According to the newly revised Law on the Protection of Minors, the protection of minors is the responsibility of everyone including all adults. The whole society should establish a good manner of caring for and caring for minors, and should respect and protect the personality of minors. dignity.
"This is the same in the online world." He Ting said.
Infringement is easy to protect rights
Ms. Huang never publishes positive photos of children on social platforms.
“You can share stories in Moments, but you must protect their safety.” Ms. Huang said, “Some mothers laughed at me, saying that they should not post after typing the code in Moments.”
Ms. Huang's worries are not unfounded.
The Internet is not a family photo album, nor a diary.
It is not uncommon to see cases of personal information leakage caused by "baby drying".
Once the cute baby photos are online, how to use them is somewhat "uncontrollable".
On the short video platform, Dad Tiantian’s daily video account of his daughter has attracted 2.25 million fans.
Dad Tiantian is preparing to put Tiantian's "official" emoji pack, but on the other hand, he has noticed many products advertised under the name of Tiantian.
Attorney Zhou Junwu, a senior partner of Beijing Jincheng Tongda Law Firm, stated that according to Chinese law, minors under the age of 8 are incapable of civil conduct, and their legal representatives will perform civil legal acts on their behalf.
The legal representative is the guardian of the child, generally the parent.
Therefore, if the Mengwa blogger is to make a photo of his child into an emoticon pack, it does involve the use of the child's portrait rights, but because the Mengwa blogger is the child’s guardian, he has the right to handle the portrait on behalf of the child, which generally does not constitute Infringement.
"Who would use pictures of their children to make this kind of emoticon?" Ms. Huang felt that most of the children's emoticons that looked vulgar nowadays did not know who made it, and the people who used it might not realize it was wrong.
On this App, some bloggers will often design a series of similar emojis to "tick" people step by step.
Users who want to get the full set must like and follow to increase popularity for bloggers, or add friends in private messages to get original pictures, and become the next "prey" of bloggers.
Just add a few people and click on the circle of friends to be a micro business advertisement.
While searching Taobao, there are various "cute baby" emoticons on sale at different prices.
A certain Korean child star's emoticon pack has become a packaged product, 100 sheets are sold at 1.49 yuan, and the fourth-tier set has 520 sheets, and the price is 6.88 yuan.
The store has several emoji packs on sale at the same time, and the number of monthly sales is up to 100+.
When a reporter from China Youth Daily and China Youth Daily asked the merchant whether the above-mentioned emoticons would infringe, the owner's response was: "It's all collected online, no."
Zhou Junwu also said that many netizens spontaneously use the photos of these child stars to make emoticons, which is easy to be spread by more netizens.
And "businesses choose more foreign child stars because it is less likely to be known to the right holder, including the higher cost of protecting the rights of the right holder."
How to take responsibility for online platforms
In the "Community Code" updated in February 2020 for this App, it is clearly necessary to "resist all pornographic and vulgar content", including "content that describes sexual behavior, sexual processes, and sexual methods in sexually suggestive and sexually provocative language."
In the special chapter "Protecting the Legal Rights and Interests of Minors", it is stipulated that: "Involving minors' pornography and vulgarity" will be "seriously dealt with" by the platform.
However, the reporter noticed that many emoticons suspected of child pornography were uploaded to the App in 2019.
The reporter tried to report one of the links.
In the picture, a little preschool girl is lying on a bed, and the word "Come on! Beast! I'm ready" is written by P, and the expression of the promotional copy is: "Invite you to have fun in bed."
In less than two minutes, the platform responded that "the emoji package you reported has been processed," but did not indicate the processing method and results.
Later, the reporter retrieved this link and found that the link can still be displayed publicly.
"If a business uses their portrait for profit without obtaining permission from the child star, it is an act of infringement of portrait rights." Zhou Junwu said, some soft and pornographic emoticons are a combination of photos, text, patterns, etc. It may be associated with the image of the child and the pornographic impression, or the accompanying text may also constitute an insult to the child. These situations may cause the child's social evaluation to be lowered, the reputation of the child is degraded, and thus the child's right to reputation is violated.
In He Ting's view, network product and service providers, including some App and other network platform operators, need to assume the corresponding corporate responsibilities for protecting minors.
The content posted by users on the platform must be monitored and filtered.
If users are found to publish or disseminate information that contains content that endangers the physical and mental health of minors, they should stop the transmission immediately and take measures such as deleting, blocking, and disconnecting links.
In the newly revised Law on the Protection of Minors last year, a special chapter on "Internet Protection" was added.
Among them, Article 77 clearly stipulates that no organization or individual may insult, slander, threaten or maliciously damage the image of minors through the Internet in the form of text, pictures, audio and video, etc.
He Ting believes that these platforms should establish convenient, reasonable and effective complaint and reporting channels, disclose information such as complaints and reporting methods, and promptly accept and handle complaints and reports involving minors.
According to the newly revised Law on the Protection of Minors, if they fail to fulfill the above-mentioned responsibilities, network product and service providers may have to bear high fines or even have their business licenses revoked.
As for the attention and discussion of such issues on the current social platforms, He Ting feels that it is a good enlightenment for the public.
"Infringements on the legitimate rights and interests of minors and incidents that affect the healthy growth of minors may occur in some casual corners of daily life or the online world." He said how to raise the awareness of minors' protection and make complaints and reports. Actively fulfilling the civic duty of protecting minors is a problem that each of us needs to think about.
China Youth Daily·China Youth Daily reporter Chen Yinshan Source: China Youth Daily