How to accurately define local legislation to rectify the chaos of ＂eating and broadcasting＂ as a concern？
□ Our reporter Pu Xiaolei
Recently, because of the waste of food such as fake eating and vomiting, "eating and broadcasting with a big stomach" has been pushed to the forefront of public opinion.
The reporter noticed that some anchors who used to use the "Big Stomach King" as a signboard were either banned by the webcast platform recently, or they took the initiative to tear off this label and turned to be food anchors.
In addition to public criticism and the rectification of the webcast platform, the legislature has also taken action against the phenomenon of "online eating and broadcasting" with behaviors such as fake eating and vomiting.
On September 24th, the 19th meeting of the Standing Committee of the 13th National People’s Congress of Hebei Province passed regulations on strict economy and opposition to food waste. According to the regulations, radio, television and network audio and video service providers are prohibited from producing, transmitting and disseminating extravagant behaviors such as fake eating and vomiting, eating too much, exaggerating curiosity, overeating and so on.
On September 18th, official website, the Standing Committee of the People’s Congress of Guangzhou, Guangdong Province, issued an announcement, soliciting opinions and suggestions from the public on the Regulations on Anti-Food Waste in Guangzhou (Draft for Comment), which clearly regulated "online eating and broadcasting" and clarified the legal responsibility of the webcast platform.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, believes that it is necessary to supervise the "online eating and broadcasting" where food is wasted, which will help to stop food waste and carry forward the fine tradition of saving food. At the same time, it is helpful to establish and improve the long-term supervision mechanism of the live broadcast industry to clarify the legal responsibilities related to the webcast platform by legislation.
Sun Yuhua, an associate professor at East China University of Political Science and Law, stressed that legislation to supervise "online eating and broadcasting" should adhere to precise legislation and pay attention to grasping the scale. "For a market economy, if too many restrictions are made, it is not in line with the spirit of freedom of contract. Therefore, in the rectification of violations ‘ Eat broadcast ’ At the same time, don’t accidentally injure the normal food anchor ‘ Eat broadcast ’ " .
Run counter to the economical atmosphere.
"Eating and broadcasting with a big stomach" was first popular in South Korea and Japan, and it began to rise in China after 2016. After several years of development, the team of "eating and broadcasting with a big stomach" has been growing and its attention has been getting higher and higher. The reporter noticed that a well-known "anchor with a big stomach" has nearly 40 million fans on a single platform, while the short video broadcast of another "anchor with a big stomach" can usually reach several million times.
Eat 20 hamburgers in half an hour, eat 30 Jin of crayfish at one time, and eat 10 Jin of Zhajiang Noodles &hellip at one meal; … Some "eating broadcasts" prove that their label of "big stomach king" lives up to its reputation by exceeding the average speed and food intake.
However, these "big stomachs eat and sow" do not all rely on "big stomachs" to really eat.
"In the past few years, it just rose in China ‘ Eating and broadcasting ’ At that time, the anchors at that time were basically really eating. But with more and more people joining in, in order to stand out from the industry and make money quickly, some ‘ Eating and broadcasting ’ Start using ‘ Fake eating ’ Come to the eyeballs of bloggers. " The anchor of a webcast platform told reporters.
Some anchors use drugs or physical means to induce vomiting after eating; Some anchors secretly spit food into or directly pour it into the trash can under their bodies, and then synthesize a video of eating food at one time through post-editing … … Some "eat and broadcast" maintain their "big stomach king" by destroying their bodies and fooling fans.
Zhu Wei pointed out that in China’s traditional culture, food culture is profound and very particular. However, these "big eaters eat and broadcast" are different from food anchors. Their focus is not on how delicious the food is, but on the huge appetite and food patterns to attract people’s attention.
"But in fact, it is maintained by fake eating and vomiting ‘ Big stomach king ’ These images ‘ Eat broadcast ’ It not only causes the waste of food, but also a bad industry atmosphere. Its wrong demonstration effect runs counter to the atmosphere of saving food and opposing waste in the whole society. " Zhu Wei said.
Dispose of 13,600 illegal accounts
Some illegal "eating and broadcasting" were stopped by the regulatory authorities not long ago.
On August 31st, the National Network Information Office held a promotion meeting to further promote the centralized rectification of the commercial website platform and the outstanding problems of the "self-media" communication order, the special rectification of the "self-media" basic management and the special rectification of the webcasting industry, to report the work progress in the past month and to redeploy the "three rectifications" in depth. The meeting pointed out that in the past month, 13,600 illegal "eat and broadcast" accounts have been handled.
In view of some "online eating and broadcasting" that promote eating and overeating, some webcast platforms have also introduced measures to regulate it. When the reporter searched Tik Tok and Kuaishou for keywords such as "eating and broadcasting" and "king of big stomachs", he could not find the figure of "anchor of king of big stomachs", and there would be hints of words such as "cherish food" and "refuse to waste".
"We call on users to cherish food, when users search for ‘ Eat broadcast ’ ‘ Big stomach king ’ When waiting for keywords, the user will be prompted ‘ Refuse to waste and eat reasonably ’ . Once the waste of food is discovered, the platform will be punished according to the degree of violation at the first time. " The relevant person in charge of Tik Tok told the reporter.
The relevant person in charge of Aauto Quicker said that the platform resolutely opposes food and beverage waste, advocates thrift, and calls on users not to overeat in their creations, and it is forbidden to attract attention by means of fake eating, vomiting, and eating mostly. Once the above-mentioned related behaviors are discovered, the platform will give penalties such as deleting works, shutting down live broadcasts, and banning accounts according to the seriousness of the circumstances.
Accurately grasp the punishment scale
Sun Yuhua pointed out that from the perspective of saving food and opposing waste, it is understandable to punish those "big eaters", but we should pay attention to grasping the scale of punishment, achieve accurate supervision, and avoid accidentally injuring groups such as food anchors.
Sun Yuhua believes that to some extent, "eating and broadcasting" has become a profession and can also be regarded as a low-cost propaganda means. Many small enterprises don’t have enough funds to engage in large-scale commercial advertisements. Compared with those advertisements with millions or even tens of millions of yuan, it is more economical to spend tens of thousands or hundreds of thousands of yuan to "eat and broadcast" for promotion.
"For ‘ Online eating and broadcasting ’ Our supervision should be precise, and we should punish those who waste food and use novelty-seeking behavior to attract audiences ‘ Eat broadcast ’ , instead of a stick to all ‘ Eat broadcast ’ Killing, otherwise, to some extent, is also unfair to small businesses. " Sun Yuhua said.
Sun Yuhua’s concerns were answered in the draft for comments.
Article 20 of the exposure draft stipulates that the webcasting platform shall formulate a platform service agreement, take necessary measures to strengthen the review of live food content, and stop webcasting people from wasting food in live broadcast in time. The live broadcast of food online should abide by the laws and regulations, spread healthy and civilized catering culture, and not engage in live broadcast behaviors such as fake eating, vomiting, novelty hunting, etc., which mostly promote eating and overeating.
"Article 20 of the Exposure Draft for Violation ‘ Eat broadcast ’ It is necessary to define. In other words, the webcast platform should promptly stop those live broadcasts that engage in fake eating, vomiting, curiosity-seeking, etc. For normal food anchors, it is not within the scope of rectification. " Sun Yuhua said.
Form a long-term governance mechanism
The National People’s Congress Standing Committee (NPCSC) recently launched a special investigation on cherishing food and opposing waste for more than a month, aiming at accelerating the establishment of a long-term mechanism ruled by law, establishing the basic code of conduct for catering consumption and daily food consumption for the whole society, and comprehensively managing the waste problem by the rule of law.
Zhu Wei believes that it is imperative to legislate on "cherishing food and opposing waste" at the national level. Guangzhou’s legislation to strictly control "online eating and broadcasting" can provide experience for reference.
In Zhu Wei’s view, for the webcast platform, in addition to providing a legal basis for its precise rectification, legislation is also conducive to promoting its formation of a long-term governance mechanism. "Without strong external institutional constraints, it is easy to form a ‘ A gust of wind ’ Sports governance. Therefore, from the perspective of promoting the formation of a long-term governance mechanism for the webcast platform, legislation is necessary. "
The key to standardizing "online eating and broadcasting" is to clarify the legal responsibility of the network platform. In this regard, the exposure draft stipulates that if the webcast platform violates Article 20 of these regulations and fails to stop the webcast from engaging in live food waste in time, it shall be handled by the competent Internet information department according to law.
"For ‘ Eating and broadcasting ’ This kind of behavior, the webcast platform is responsible for supervision, and it can be done technically. The platform can timely deal with violations by blocking keywords, content review, prohibiting traffic, titles and other measures ‘ Eat broadcast ’ Stop it, so as to shoulder the social responsibility of leading the correct values. " Zhu Wei said.