Live streaming in public spaces: even if you need traffic, you must also keep your bottom line

2024-07-26

In the movie 'Truman's World', the protagonist Truman lives in a closed 'greenhouse' and his actions are constantly broadcasted on television. This kind of trampling on personal privacy is scalp tingling, but fortunately, the movie is fictional. However, if similar things happen in reality, even if their degree is much lighter than in movies, it is still thought-provoking enough. Recently, a netizen sent a roast that he saw multiple anchors live in and out of the subway station in Shenzhen. These live broadcasts are morning rush hour footage and have not been coded. Some live streaming viewers even use abusive language towards office workers, with comments such as "all with resentment on their faces" and "clearly a failure" repeatedly appearing in the live broadcast room. This matter has sparked heated discussions among netizens. This incident is a typical infringement of public space live streaming Chen Hanfei, assistant dean of the School of Law at Capital University of Economics and Business and vice president of the Beijing Society for Social Governance and Rule of Law, said in an interview with Science and Technology Daily, "We should condemn such incidents. To avoid similar incidents, broadcasters should abide by their obligations, while platforms and relevant departments need to strengthen supervision." Public space live streaming may constitute infringement. As an emerging entertainment method, live streaming has interactive and real-time characteristics, and has been popular among audiences since its inception. However, controversial incidents related to live streaming have occurred from time to time, and the live streaming incident at Shenzhen subway stations is not an isolated case. The reporter opened a certain online live streaming platform and found that many of the live broadcasts were conducted in public places. In some live broadcasts, the program set by the anchor will mosaic pedestrians who accidentally enter the camera; But in other live broadcasts, the faces of pedestrians are incredibly clear. Even during a live stream at a certain water park, many tourists wearing swimsuits appeared on camera without their knowledge. These disorderly live broadcasts in public spaces may constitute infringement Chen Hanfei stated. Live streaming in public spaces may first violate privacy rights. Generally speaking, public spaces are considered places without privacy rights due to their public and open nature. However, Chen Hanfei stated, "If there are special circumstances involved, such as recording personal private conversations and behaviors during the live broadcast, or capturing private parts of the body or personal information on the phone screen, live streaming in public spaces may also infringe on personal privacy rights. Secondly, live streaming in public spaces may infringe on portrait rights. Generally speaking, live streaming is aimed at profit. Therefore, if live streaming captures the facial features of the subjects and spreads them without their consent, it may infringe on their portrait rights, "said Chen Hanfei. However, it must be pointed out that in general, live streaming in public spaces does not always constitute infringement. The composition of the above-mentioned infringement must be based on the premise of a deeper degree or a more severe impact. It is not advisable to blindly accuse all live broadcasts in public spaces of infringement, which may also lead to giving up due to choking Chen Hanfei said. Three parties work together to promote the healthy development of live streaming. Since live streaming in public spaces may constitute infringement, how should broadcasters avoid infringement to the greatest extent possible and reduce the related risks of live streaming in public spaces? In Chen Hanfei's opinion, anchors should abide by relevant obligations and follow three principles. Firstly, broadcasters should abide by laws and ethical standards. The anchor should report the selection of live content and venue to the relevant management department before the live broadcast, and prohibit live broadcasting in places such as bathhouses, swimming pools, cinemas, etc., "said Chen Hanfei. Secondly, the anchor should follow the principle of consent. Before starting a live broadcast in a public space, the anchor should try to obtain the consent of the subject as much as possible. If the subject clearly states that they do not want to be filmed, they should immediately stop filming and delete all content related to them, "said Chen Hanfei. Finally, the anchor should follow the principle of ambiguity handling. Chen Hanfei said, "Generally speaking, for individuals who are not related to the live broadcast theme captured in public spaces, blurring techniques such as coding should be used to protect their privacy and portrait rights. Avoiding infringement behavior cannot rely solely on the self-restraint of the infringer themselves. As for the issue of live streaming in public spaces, the supervision of the platform and relevant departments is particularly important. As a relay station and gathering place for live streaming activities, the platform should take the first step in regulating public spaces. Chen Hanfei believes that platforms should first establish clear platform standards and policies, establish strict content review mechanisms, and provide users with convenient channels for reporting and complaining, facilitating timely handling of inappropriate content. Platforms should also actively embrace advanced technologies, utilize artificial intelligence and machine learning techniques, and design relevant programs to automatically detect and block potentially illegal content. As regulators of platforms and live streaming activities, relevant departments should also do a good job in this regard. We should establish and improve relevant laws and regulations to clarify the legal responsibilities of various behaviors in public space live streaming, and cooperate with industry associations to develop industry standards and behavioral norms for public space live streaming, ensuring industry self-discipline and regulation Chen Hanfei said, "Relevant departments should also strengthen the supervision of live streaming in public spaces, impose severe penalties on violations of laws and regulations, and supervise platforms to do a good job in managing and reviewing live streaming content. Purifying the online environment is not a one-day effort, and cannot be achieved by one party alone. Anchors, platforms, and relevant departments should work together to promote the healthy and orderly development of the live streaming economy, "said Chen Hanfei. (New Society)

Edit:Xiong Dafei    Responsible editor:Li Xiang

Source:XinHuaNet

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>