[Explanation] Settled in station B and gained nearly one million fans in less than two months, and released a 48-second video of learning how to be cute with puppies and ranked first on the site on that day. This is not a celebrity internet celebrity, but an overseas virtual anchor Shoto .
In recent years, the popularity of two-dimensional "paper people" is not an isolated case. When virtual anchors began to "compete" with real people, some problems also followed.
Are foreign virtual hosts subject to Chinese laws?
Do virtual hosts need to pay taxes according to law?
Recently, Li Jingjian, a lawyer from Beijing Taoan Law Firm, said that overseas broadcasters should be bound by Chinese laws when they broadcast live in China, which is determined by the principle of territorial jurisdiction.
[Concurrent] Li Jingjian, lawyer of Beijing Tao'an Law Firm
I think that although this anchor is operated by a foreign entity, or it may have such foreign-related factors, if a (virtual anchor) broadcasts in China, it is actually a civil act within the Chinese jurisdiction, and naturally it will be subject to our Chinese laws. Jurisdiction, subject to our Chinese laws, and assume corresponding responsibilities based on Chinese laws.
[Explanation] "One live broadcast was rewarded with millions". After Shoto became popular, some people began to discuss the income of virtual anchors on the Internet. In this regard, the anchor and the platform did not respond.
The lawyer said that regardless of whether the virtual anchors are from domestic or foreign countries, they should pay taxes in China according to the law if they make profits on Chinese platforms.
[Concurrent] Li Jingjian, lawyer of Beijing Tao'an Law Firm
The virtual anchor itself can be a product created and designed by an operation team or an operating company, and the corresponding benefits can be obtained through the operation of this product, so under normal circumstances (virtual anchors) The income should belong to the operating entity.
[Concurrent] Liu Liwen, lawyer of Jingkai Law Firm
(China's Enterprise Income Tax Law) If a non-resident enterprise does not have an institution or place within the territory of China, or although it has established an institution or place, but the income obtained has no actual connection with the institution or place it has established, it shall be liable for the income derived from it within the territory of China. Income is subject to corporate income tax.
Therefore, foreign virtual anchors earn income on Chinese video platforms, and the operator behind the virtual anchor belongs to the taxpayer, regardless of whether the operator is from China or abroad.
[Explanation] A month ago, there was a virtual anchor who claimed to be abducted and trafficked for blog traffic. After the police intervened to find out the truth, the account was also permanently banned by the platform.
When a virtual anchor behaves inappropriately, or even commits a crime, who should be held responsible for it?
[Concurrent] Li Jingjian, lawyer of Beijing Tao'an Law Firm
If the responsibility is pursued, the (virtual anchor) operator must be held accountable as the first responsible person to assume the corresponding responsibility. Such an arrangement is appropriate.
But a more realistic problem is that in the current environment, how do we determine or infer who the real operating entity of a virtual idol is, and who should take responsibility as the operating entity. Or to further determine in administrative law enforcement.
[Explanation] On June 22, the State Administration of Radio and Television and the Ministry of Culture and Tourism issued a notice on the "Code of Conduct for Online Anchors", and virtual anchors are also under supervision.
Li Jingjian believes that this reflects that the regulatory authorities are already responding to changes in the market and industry through regulations.
At the same time, it should also be noted that virtual idols or anchors are in a state of diversification. They may be completely virtual people, they may be anime “holsters”, or they may be based on images created by real people. For these different types, the laws behind them The problem should also be analyzed in detail.
[Concurrent] Li Jingjian, lawyer of Beijing Tao'an Law Firm
Virtual anchors will have multiple subjects involved in the operation process. How the law determines or infers which type of direct liability, especially tort liability, should be assumed by a certain subject or type of subject, which needs to be further developed by our legislation or judiciary clearly.
Second, I think it is necessary to do a good job in the connection between the live broadcast behavior of virtual anchors and the "problem of spokesperson responsibility" between the advertising law.
If we really form this "metaverse" state, our own person has a projection in the virtual world, whether my personality rights are to be projected on my virtual image, my "Avatar", this may be a further or longer-term issues.
(Reported by reporter Shan Lu in Beijing)
Responsible editor: [Ye Pan]