Block the "bad artist" and take advantage of the opportunity to come back in disguise

  Expert: Bring the punishment of "bad actors" into the track of the rule of law

  ● In recent years, a number of artists have been officially notified, removed from industry associations, and “banned from the entire network” due to their illegal and immoral issues. Their works have also been removed from major platforms or processed later, and many social media accounts have been banned.

Relevant departments have repeatedly emphasized that "bad actors" are prohibited from relocating and returning.

However, with the rapid development of self-media and online platforms, the tentative behavior of "bad actors" appearing on the camera still occurs from time to time.

  ● There is currently no standard answer as to who will judge the "bad actors", the procedures and standards of the judgement, including what kind of laws and regulations violated, to what extent the violation of ethics and morals, and how to determine the standard of bad social influence.

Moreover, in practice, there are also problems that the standards are not uniform and the results are different.

It is necessary to further unify the judging subjects, judging standards and legal consequences of "bad actors" as a whole

  ● Some online platforms have inescapable responsibilities for the emergence of "bad actors". Online platforms must not rely solely on ratings and click-through rates, but only focus on economic benefits while ignoring their social responsibilities as public media.

It is definitely not allowed to provide relevant positions for "bad actors".

Whoever violates the rules must be responsible, strictly implement the responsibility of the platform, and block the gap for "bad artists" to come back in disguise

  □ Our reporter Han Dandong

  □ Sun Tianjiao, a trainee reporter of this newspaper

  □ Our intern Fan Xiaoya

  Recently, drug-related artist Wang Xuebing's appearance on the platform of Dukang Wine Industry has aroused social attention.

In this 14-second promotional video, Wang Xuebing briefly introduced himself and congratulated Dukang's new product launch.

According to public information, Wang Xuebing was arrested for drug-related charges in 2015.

  Soon, a staff member of Luoyang Dukang Holdings Co., Ltd. responded to the public that this advertisement was commissioned by a friend of the company's employees to shoot Wang Xuebing. Sincere apology."

  After this incident was exposed, it once again sparked public discussion about the comeback of "bad actors".

Under the related news, some netizens commented, "Drug-related artists still want to come back, can the sacrificed anti-drug police agree, can the common people agree?" "Enterprises should ask people to publicize them well", and some people questioned "Is this a bad actor? probing"?

  In fact, as early as 2014, the State Administration of Radio, Film and Television issued a notice on "banning bad actors", in which drug-related behavior was clearly named.

In recent years, special rectification actions such as "Qinglang" and "Jingwang" have also targeted illegal and immoral artists, and relevant departments have repeatedly emphasized that "bad actors" are prohibited from relocating and returning.

However, with the rapid development of self-media and online platforms, the tentative behavior of "bad actors" appearing on the camera still occurs from time to time.

  How to define "bad actor"?

How to prevent "bad actors" from relocating and coming back?

How should the so-called "transfer position" be defined?

With these questions in mind, the "Rules of Law Daily" reporter conducted an in-depth interview.

  The "bad actor" tries to take advantage of the situation to make a comeback

  "Give another chance" sparks controversy

  "The show was canceled again. A reasonable, legal, strictly approved and approved show was forcibly canceled due to some malicious and hateful reports, and the hard work of many staff and band members was directly in vain. , the expectations of thousands of audiences were once again in vain." "I just want to write well, write songs well, record well, learn music production well, rehearse well and take every performance seriously... But why, I should be deprived of a reasonable and legal job s right!"

  The above is the content of a thousand-character long text posted by singer Song Dongye on Weibo on October 11, 2021.

In 2016, Song Dongye was punished by the police for drug-related charges.

In the long article, he said that he had been punished accordingly for taking drugs, and asked: "What do you want me to do? Don't you say that the whole society should give people who have violated the law a chance?"

  In recent years, there have been many artists and Internet celebrity anchors who have lost the opportunity to appear on the camera due to crimes such as rape, drug abuse, whoring, and tax evasion.

Not long ago, Du Xueer, a member of the Fu Lu Shou band, was sentenced to one year in prison and fined 10,000 yuan for drug smuggling.

The China Performance Industry Association commented on Du Xueer and demanded a boycott of her practice.

  Previously, a group of artists such as Li Yundi and Ke Zhendong were officially notified, delisted by industry associations, and "banned from the entire network" due to violations of law and morality. .

  At the same time, after being banned for a period of time, some "bad artists" tried to resume their old jobs, or "claimed grievances" and "sold miserably" to beg for forgiveness, or made short videos to attract traffic, or live broadcast to bring goods.

  As for the question of "whether to give bad actors a chance", the public has different opinions.

Under the relevant topics and news reports such as "prohibition of bad actors from relocating positions" and "Dukang Liquor Industry apologizes for the appearance of drug-related artists in the promotional film", although most netizens firmly oppose the comeback of "bad actors", they support the entire platform and all-round ban to the end , but some netizens also suggested that "if they have reformed, they should be given a chance, otherwise how to live."

  Cheng Ke, deputy director of the Cultural and Legal Research Center of Communication University of China, believes that since artists are public figures, they will have a demonstration effect on the general public, especially minors, and the restrictions on the practice of "bad artists" can better restrain artists to improve their own moral standards , reduce the negative impact on the general public, especially young people.

On the other hand, the restriction of employment means that the artist may completely lose the opportunity to perform and work, which has a great impact on it. Therefore, this disciplinary measure should also be used with caution. Measures such as "lifetime ban" and "permanent boycott" should be limited to particularly bad ones. Illegal and criminal behavior.

  Che Xingxing, a national first-level director and executive director and deputy secretary-general of the China TV Drama Directors Committee, is firm on this issue: "bad actors" will never be allowed to come back.

"Any actions and practices that cannot strictly abide by the relevant national laws, regulations and regulations, and violate public order, good customs and social ethics are not allowed. As a public figure, an artist must be a model of abiding by the law and professional ethics, and must be virtuous and artistic. "

  Actor Gao Yaxuan said: "Actors must abide by the country's laws and regulations, be a practitioner of the socialist rule of law construction, be a leader of law-abiding young people, and use the films and TV series that they participate in to sing the main theme and spread positive energy. "

  The definition of "bad actor" needs to be clear

  The prohibition on employment is not mandatory

  The "Notice on Strengthening the Management of the Production and Dissemination of Radio and Television Programs, Film and Television Dramas and Online Audio-Visual Programs" issued by the State Administration of Radio, Film and Television in 2014 clearly stipulates that no one who commits illegal and criminal acts such as drug abuse and whoring shall be invited to participate in the performance, and their participation in the broadcast shall be suspended. Produced movies, TV shows, web dramas, micro-movies, etc.

  In recent years, relevant state departments and relevant industry organizations have repeatedly spoken out on the transfer platform of "bad actors".

In 2021, the China Performance Industry Association will formulate the "Measures for the Self-discipline Management of Performers in the Performance Industry", and "bad performers" will be boycotted by members of the association for 1, 3, 5 years or even a permanent period.

In April this year, the Online Audio-Visual Program Management Department of the State Administration of Radio, Film and Television and the Publishing Bureau of the Central Propaganda Department jointly issued the "Notice on Strengthening the Live Streaming Management of Games on Online Audio-Visual Program Platforms", proposing that it is strictly forbidden for those who violate the law to use live broadcasts to make sound appearances.

  But what is a "bad actor"?

Many experts interviewed said that there is currently a lack of clear definitions, and the existing regulations prohibiting relevant practitioners are also lacking mandatory.

  In the view of Zhen Jingshan, deputy director of Beijing Xingquan Law Firm, at present, my country's constraints on "bad actors" are multi-dimensional, including both administrative agencies and industry organizations. There are both institutional norms and the spirit of conferences.

However, how to define "bad actors" is currently mostly determined by enumeration, and the focus of the enumeration is on the consequences of their actions, violation of laws and regulations, violation of ethics, and bad influence on society, and then clearly should be banned. , restriction, boycott.

  He proposed that there is currently no standard answer to who will judge the "bad actors", the procedures and standards of the judgment, including what kind of laws and regulations violated, to what extent the violation of ethics and morality, and how to determine the standard of bad social influence.

In practice, there are also problems that the standards are not uniform and the results are different.

"It is necessary to further unify the judging subjects, judging standards and legal consequences of 'bad actors' as a whole."

  Cheng Ke said that there has always been a lack of specific definitions for the connotation and extension of "bad deeds". The "Administrative Measures for the Self-discipline of Performers in the Performance Industry" has made more detailed regulations on the code of conduct for artists, but it is only the self-discipline of industry associations. document.

There are still disputes in theory and practice as to how to define the "bad morality" of an artist's behavior and whether an artist's personal morality constitutes a "bad deed".

  Ma Lihong, a senior partner at Beijing DHH Law Firm, believes that the "Administrative Measures for the Self-discipline of Performers in the Performance Industry" belongs to the industry's self-discipline and punishment norms. It is suggested that the relevant departments should clarify the punishment procedures, punishment measures, time limit, scope, etc. for the "bad actors". During the punishment period, the "bad actors" shall not use their personal social media accounts to carry out punishments. Profitable behavior.

  It is worth noting that the Radio and Television Law (Draft for Comment) intends to stipulate that if the main creators of radio and television programs violate relevant laws and regulations and cause adverse social impacts, the competent radio and television department may impose necessary restrictions on the broadcasting of relevant programs.

  The comeback situation may need to be screened

  Clarify the corporate responsibility of the platform involved

  Are artists who have "bad deeds" never allowed to come back?

  Ma Lihong believes that whether to give "bad actors" a chance to make a comeback needs to be discriminated.

For some serious illegal and criminal behaviors, such as intentional crimes, and behaviors with extremely bad social influence, such as insulting or slandering martyrs, a zero-tolerance attitude should be adopted.

However, although some behaviors violate public order and good customs or professional ethics, if the artist has corrected and repented, and can obtain public understanding, he should be allowed to return.

The "Administrative Measures for the Self-discipline of Performers in the Performance Industry" also sets a time limit for practitioners and procedures for applying for re-employment, giving "bad actors" an exit to correct and return.

  "For artists with minor violations of law and morality, who behave normally and often do public welfare, these factors should also be considered when making punishments, so as to ensure that the punishment is equal to the punishment, and it is avoided that the punishment is not investigated or the punishment is greater than their fault." Ma Lihong said.

  Zhen Jingshan believes that in consideration of fairness, "bad performers" can be allowed to appear or even come back under certain conditions after a comprehensive evaluation of the appearance effect by authoritative organizations based on the classification and characterization of "bad performers".

"The premise is that effective systems and measures have been introduced for the appearance or comeback of 'bad actors'. Before that, it should be strictly controlled and all artists with bad behaviors should be banned from appearing on the scene."

  With the development of the Internet, major online platforms have become important platforms for publicity and performances such as star artists and Internet celebrity anchors.

Experts pointed out that online platforms and enterprises also need to take corresponding responsibilities in preventing the comeback of "bad actors".

  "Take the Wang Xuebing incident as an example, it will undoubtedly bring a certain negative impact on the corporate reputation and image." Ma Lihong said, considering the social effect of industry punishment, relevant platforms or corporate accounts should actively cooperate with relevant departments to deal with "bad actors" "Take measures such as banning to prevent "bad actors" from making a comeback in disguise in a roundabout way.

  She suggested that the relevant departments should clarify the basic requirements for online platforms or corporate accounts, and how to deal with violations of the requirements. For example, for platforms or corporate accounts that provide "bad actors" with the opportunity to comeback, the competent departments can take notices and other methods to warn.

At the same time, we should also pay attention to "bad actors" using private social platforms to carry out bad behavior.

  When it comes to platform responsibility, Che Xingxing believes that some online platforms bear inescapable responsibility for the emergence of "bad actors". Online platforms must not rely on ratings and click-through rates, but only focus on economic benefits and ignore their social responsibilities as a public media. .

"It is definitely not allowed to provide relevant positions for 'bad actors'. Whoever violates the rules must be responsible, and strictly implement the responsibility of the platform to block the gap for 'bad actors' to come back in disguise."

  In this regard, the reporter interviewed the relevant person in charge of a short video platform, who said that the platform will resolutely curb the illegal comeback of "bad actors", and malicious and illegal comebacks and broadcasts, including but not limited to illegally opening small live broadcasts, changing vests live broadcasts, and live broadcasts by others. comebacks, etc.

  Ma Lihong proposed that it is necessary to prevent "inferior artists" from shifting positions at will from the level of system and norms , the processing rules of works, the cooperation and rectification process and specifications of other platforms, etc. shall be clarified and refined.

  "It should be noted that the chaos in the rice circle has continued for many years, and it is not uncommon to hire Internet navy, professional black fans to attack each other, and Internet violence to other artists. Therefore, special attention should be paid to online convictions and public opinion trials under the control of capital, and clear laws should be adopted. relationship, improve the legal system, standardize the relevant punishment system, improve the operability, and bring the punishment of 'bad actors' into the track of the rule of law." Ma Lihong said.