The rise of "live chat" highlights the risks of personal information rights protection
The web live broadcast platform urgently needs to formulate rules to strengthen autonomy
□ Our reporter Wang Jing
Recently, online platforms have emerged as a way of "talking-up and live-streaming"-the anchor randomly strikes up with passers-by with various gimmicks, and broadcasts the whole process to the audience.
Once a street passerby is pointed at by the anchor’s camera, whether he agrees or not, the real reaction after being hit-up will be filmed, broadcast through live video, and “watched” by many netizens in front of the screen.
Even when passers-by explicitly refuse, they will still be secretly photographed by the anchor, which becomes a "hot spot" for earning eyeballs in the live broadcast.
With the formal implementation of the "Personal Information Protection Law of the People's Republic of China", the legal issues behind the "live chat" have also emerged-whether the personal information in the "material" being filmed is protected by law?
Who should be held responsible if the "touch-up live broadcast" infringes on personal rights?
Regarding the regulation of "talking-up live broadcasts", what responsibilities should the publishers of live broadcasts, relevant network platforms, national regulatory authorities and other relevant entities bear?
Catch up on the live broadcast drew dissatisfaction
Eye-catching, swelling powder and touching the red line
In an era when everyone has a "microphone", conduct "live chat" and use passers-by as a "tool" to obtain traffic, so as to attract more fans for your platform account. Is this a kind of "innovation" or a kind of "infringement" "?
"The act of'talking up live broadcast' is an activity for processing personal information. This act includes not only the collection, transmission, and disclosure of general personal information, but also the processing of sensitive personal information, such as personal geographic location information, Collection of sensitive information such as facial information." Professor Zhang Xinbao of Renmin University of China Law School told reporters.
Does the "live chat" fall under the exception of the Personal Information Protection Law?
Zhang Xinbao believes that the "live chat" is not for the social public interest, nor is it news reports or public opinion supervision, but a commercial hype.
Therefore, to collect and process personal information, the individual's consent should be obtained, and a special notification is even required to explain the possible risks of the collection and processing of sensitive personal information.
Professor Wang Chunhui of Zhejiang University also believes that the behavior must follow the principle of "information, knowledge, and consent" in accordance with the law.
If there is no relevant notification and the individual’s consent is not obtained, in this case, the "live chat" in this case, in Zhang Xinbao's view, is an infringement of illegal handling of personal information.
"Especially on the premise of the individual's explicit refusal, the anchor still adopts the method of follow-up or secret filming. This is an illegal act and is suspected of infringing on the privacy of citizens." In Wang Chunhui's view, the "talking up live broadcast" may also infringe and be accosted. Portrait rights of people.
Li Danlin, a professor at the Communication University of China, also believes that “if the hit-up person talks about some content involving a third person, it may also trigger disputes about infringement of the third person’s personality rights, or lead to some illegal and criminal situations.”
Illegal places on the Internet
Platform supervision needs first
Regarding the principles of handling personal information, both the Personal Information Protection Law and the Civil Code clearly stipulate that the handling of personal information shall obtain the consent of the individual, shall follow the principles of lawfulness, fairness, and necessity, and shall not excessively process...
The Internet is not a place outside the law, and “watching” online carnivals should not and cannot harm innocent passers-by.
Peng Guibing, professor of the School of Communication of East China University of Political Science and Law and director of the Communication Law Research Center, reminded that as an anchor of a live broadcast platform, it is necessary to respect the privacy of others, observe public order and good customs, and promote the creation of a good network ecology.
As early as 2016, the "Regulations on the Administration of Internet Live Broadcasting Services" issued by the National Internet Information Office clearly required that live broadcasts should not be used to engage in activities that infringe on the legitimate rights and interests of others.
The "Network Security Law of the People's Republic of China" stipulates that network operators should strengthen the management of information released by their users, and if they find information that is prohibited by laws or administrative regulations from being released or transmitted, they should immediately stop the transmission of the information and take disposal measures such as elimination. Prevent the spread of information, keep relevant records, and report to relevant competent authorities.
Although some short video platforms have related reminders that "if the subject is not explicitly approved, it may be suspected of infringement", or some platforms have regulations on outdoor live broadcast behavior that expressly prohibit the anchor from speaking to passers-by during the live broadcast. , Physical harassment, etc.
However, driven by traffic, the chaos of "live chat" still exists in all major social platforms.
"For this kind of commercial'talking-up live broadcast', the platform should conduct governance and severely crack down on the illegal processing of personal information. At the same time, various information authorities can take the initiative to rectify the entire network, especially for large platforms with live broadcast functions. ." Zhang Xinbao said.
The bad information and illegal information in the "talking up live broadcast" cannot be allowed to spread on the network platform.
For this reason, Wang Chunhui suggested that Internet live broadcast service providers should establish a blacklist management system, prohibit re-registering accounts for Internet live broadcast publishers included in the blacklist, and report to the Internet Information Office of the province, autonomous region, and municipality where they are located in a timely manner.
According to Article 58 of the Personal Information Protection Law, personal information processors that provide important Internet platform services, a large number of users, and complex business types shall perform the “formulation of platform rules to clarify the processing of personal information by product or service providers on the platform”. The obligation to regulate and protect personal information".
Zhang Xinbao suggested that platforms with live broadcast functions should formulate platform rules in accordance with the above regulations to restrict the relevant behaviors of live broadcast companies and individuals. At the same time, relevant online platforms should deal with complaints in a timely manner after receiving complaints.
Regarding the regulation of webcast content, Wang Chunhui believes that Internet live broadcast service providers should fulfill their main responsibilities and establish a live broadcast content review platform.
Li Danlin also believes that the network platform should improve the corresponding management mechanism. For example, in terms of service terms and platform rules, if the live content is suspected of infringement or illegality, the platform should promptly remind or stop the broadcast, or deal with it through corresponding restriction mechanisms.
If the platform itself allows such behavior, the supervisory authority should punish the platform in accordance with relevant regulations.
Take up legal weapons
Stop the infringed act
"Once the person being filmed finds that the other party is broadcasting it without permission, he can immediately declare that this is an act without his own permission. At the same time, he can also indicate that he reserves the right to pursue his legal responsibility. If it is discovered, you can request the platform to block or delete the live broadcast without your own permission. The person who was filmed can also file a lawsuit against the photographer for infringing on his privacy, personal information rights, etc.," Li Danlin said.
Li Danlin analyzed that if the content has been broadcast live and contains infringing content involving the rights of others’ reputation, privacy, etc., the person who was filmed can also put forward corresponding defenses and defenses, which will be borne by the hitters and broadcasters who disclose and disseminate relevant information. Corresponding responsibility.
Li Danlin believes that if the person being filmed is unable to provide evidence without his permission, the broadcaster can also be required to provide evidence of obtaining his permission. Without permission, the platform should delete or block replayable live broadcasts.
In accordance with the provisions of the Personal Information Protection Law, any organization or individual has the right to complain or report to the department performing personal information protection duties regarding illegal personal information processing activities.
The department that receives the complaint or report shall handle it in a timely manner in accordance with the law, and notify the complainant or reporter of the results of the handling.
Wang Chunhui said that if the public is dissatisfied with the results or complaints and reports are not smooth, they can also complain to the Internet Illegal and Bad Information Reporting Center.
"The victim has the right to file a civil lawsuit in the People's Court in accordance with the relevant provisions of the Civil Procedure Law and the provisions of the Personal Information Protection Law, requesting the illegal live broadcaster to stop the infringement and compensate for the loss." Zhang Xinbao said.