Where is the legal boundary of posing for video

　　□ Our reporter Han Dandong

　　□ Our intern Guan Chuyu

　　Similar barbecue restaurants, harassed female customers, violent men... While the "Tangshan barbecue restaurant beating incident" has not yet subsided, such a similar short video of "night snack shop beating incident" has been widely circulated on the Internet recently.

　　On June 12, the police in Shehong, Sichuan reported that the relevant person in charge of a taekwondo gym in Shehong was a hotspot. In order to achieve the purpose of promoting the taekwondo gym, they organized 7 people to pose for a photo outside a barbecue restaurant in Shehong City, "The woman was molested. The video of the man who fought and ran away the harasser bravely at righteousness was edited and uploaded to the Internet by adding text such as "reproducing the Tangshan beating incident" and "continuing the Tangshan incident".

　　The police reminded that the public security organs will seriously investigate and punish the illegal acts of spreading rumors according to law, and those who constitute a crime will be investigated for criminal responsibility according to law.

　　In recent years, there has been an endless stream of short videos posing for traffic or rubbing hot spots.

There is a saying circulating in the short video operation circle: "Spotting hot spots is an essential skill for every short video operation. It allows you to get dozens or even hundreds of times of traffic with the same time and effort."

　　A head short video platform recently discovered during inspections that in some popular social events that have received widespread attention, a small number of accounts, in order to gain attention, either counterfeit, rubbed off on hot spots, or took the opportunity to publish incitement to opposing content, or encouraged others to implement them. illegal act.

　　A reporter from the "Rules of Law Daily" noticed that there are many experience posts or teaching posts on the Internet about how to rub the hot spots. In addition to the detailed introduction of the operation steps, there are also precautions. For example, when rubbing the ready-made short video hot spots, pay attention to "fast", "" According to this principle, the traffic will go up."

　　Zheng Xiaojing, director of the Criminal Committee of Beijing Zhongdun Law Firm, believes that most of the purpose of creating posed videos to "steal the spotlight" is to take advantage of marketing opportunities to gain attention and traffic, attract public attention, and expand communication effects.

However, rubbing hot spots must be reasonable and legal, not infringing on the interests of others, not violating public order and good customs, and not harming public interests.

　　Liu Deliang, a professor at Beijing Normal University and director of the Asia-Pacific Cyber ​​Law Research Center, said that rubbing heat itself is not a legal concept in the strict sense, and it depends on the specific situation.

However, no matter whether rubbing is illegal or not, there should be a bottom line. The means, methods and content must comply with legal regulations, and cannot exceed moral standards and break the moral bottom line.

　　In the opinion of Qiao Mu, a lawyer from Beijing Zhongtong Cecheng Law Firm and a practical tutor at China University of Political Science and Law, some anchors and short video account bloggers are gaining popularity to pose for related videos of related events. If the content is from a professional perspective, such as lawyers, It is understandable for doctors and relevant professionals to make legitimate and reasonable interpretations of the incident, but if the content of the filming is to fabricate illusions, fictitious facts, interpretation of scripts, etc., to deliberately "incite war", to attract public attention, to gain traffic, and to seek improper personal interests It should be morally condemned, and if it causes serious consequences, it should also bear legal responsibility.

　　Qiao Mu pointed out that at present, my country has not yet carried out specific and clear legal characterization and regulation on the act of rubbing hot videos, but the act still has to abide by the current effective laws and regulations, and once it crosses the legal red line, it will be punished.

According to my country's Public Security Administration Punishment Law, whoever spreads rumors, falsely reports danger, epidemic situation, police situation, or intentionally disrupts public order by other means shall be detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan; He shall be detained for not more than five days or be fined not more than 500 yuan.

　　"If the circumstances are serious and cause serious consequences, it may constitute a criminal offense. If the video of 'reproducing the Tangshan beating incident' is staged to make viewers believe it to be true, thus causing the police situation to ferment and seriously disrupting the social order, it is suspected of being fabricated or intentional. The possibility of the crime of spreading false information faces criminal responsibility." Qiao Mu said.

　　Qiao Mu suggested that anchors should enhance their legal awareness and regulate their own behavior.

Due to the particularity of the industry, it is understandable that Internet anchors want to obtain traffic and attention, but within the framework permitted by law, they should not cross the red line, because the small loses the big; the anchor associations, MCN institutions, industry associations and other organizations should improve the allocation of legal compliance resources , hire professionals as legal consultants, carry out more legal and compliance training for its anchors, and assume the main responsibility; can develop professional legal consulting services for Internet products such as live broadcasts and short videos in a targeted manner, escort related industries, and also Contribute to the social cleanliness.