Beijing Juvenile Legal Aid and Research Center has issued the Research Report on Legal Policies for Internet Protection of Minors in China, which restricts minors under 14 years of age to be webmasters. Experts said that legislation should be made to explicitly prohibit minors from registering as webmasters. Others held that they should not be one-size-fits-all. They believed that blockade was better than dredging up, and that guidance should be strengthened.
New Beijing News network live broadcasting, short video continues to be hot, many minors joined the live broadcasting army, there are many chaos. Recently, the Beijing Youth Legal Aid and Research Center released the Research Report on Legal Policies for Internet Protection of Minors in China (hereinafter referred to as the Report), suggesting that minors under the age of 14 should be limited to live broadcasting and video transmission, and only be allowed to use it with the consent or accompany of their parents.
Live broadcasts of pregnant and sun-exposed undressed minors are frequent
In recent years, network live broadcasting and short video have been more and more popular with minors. According to the report, the data show that 45.2% of 425 million Internet live users watch live broadcasts by teenagers.
In 2017, the US live broadcast platform was exposed by the media, including primary school students and other minors stripping live broadcast. In response, Beauty Beat said it would reflect deeply and start joint processing immediately, and shut down all live broadcasting rights that are authenticated as minor users. The National Networks Information Office ordered Mei Pai to make a comprehensive rectification.
The report recommends limiting live broadcasting for minors under 14 years of age
The report points out that many measures have been taken to restrict the use of Internet by minors, including real-name authentication, time restriction and one-click ban. Although some achievements have been made, there are still many practical challenges.
According to the report, network protection for minors is not only a restriction, but also a guide. Policymakers should take the best interests of children as the basic principle and combine blocking and dredging. It is necessary to provide minors with cyber entertainment space on the premise of ensuring personal information security. For minorsonline live broadcasting, video and other entertainment activities, the focus of supervision should be content rather than subject, and it is suggested that they should be treated differently in legislation.
For minors under 14 years of age, the report recommends that they be allowed to use related services with parental consent or companionship. In addition, the platform should introduce the correct value orientation into the algorithm recommendation, improve the technical measures, and give priority to recommending excellent works that can play a positive leading role in the behavior of minors.
Should minors be banned from hosting?
During the National Two Sessions in March this year, the CPPCC Youth Federation submitted a proposal on preventing minors from indulging in online games, suggesting that a clear prohibition should be made for minors to act as network anchors.
The topic of Suggesting that minors be banned from hosting the Internet quickly appeared on the microblog hot search list. Many netizens expressed their support, believing that the content of live webcasting platform is uneven, minors are afraid of being distorted, and most of them lack personal protection consciousness. In live broadcasting, they may be induced to disclose personal information such as names, school and family addresses, and privacy disclosure will also bring many potential risks to minors.
Educational scholar Xiong Bingqi believes that it is necessary to legislate explicitly to prohibit minors from registering network anchors. Due to the lack of self-identification and management ability of minors, it should be prohibited to register as a network anchor. If a network live broadcasting platform employs minors as the anchor of a video column, they can accept the job with the consent of their guardians.
There are also different opinions that one size fits all should not be prohibited. Some netizens said that online live broadcasting should focus on limiting content, not age. What needs to be rectified is live content, not killing an entire age group with a stick.
Tong Lihua, director of the Beijing Youth Legal Aid and Research Center, worries that the protection strategy of blocking minorsinvolvement in online live broadcasting will not work and that they should be restricted rather than isolated from the network.
What is the basis for restricting live broadcasting under 14?
Experts say that minors generally have a certain threshold of discrimination at the age of 14.
There have been different voices about the age of restricting the use of live network broadcasting. Some people believe that the age of prohibiting live broadcasting of minors should be limited to 18 years old. Some netizens also suggested that minors under the age of 16 should be restricted to broadcasting live.
Tong Lihua believes that different age groups should be treated differently in legislation. Juveniles over 14 years of age, especially those over 16 years of age whose main source of livelihood is their own income, are legally regarded as persons with full capacity for civil conduct. Because they have certain discriminatory abilities, they also need a stage to show themselves. They should be given the freedom to choose to use webcast. Or the right to broadcast video.
We should see that social networking also has a lot of positive effects on minors. In Tong Lihuas view, minors can share their interests and hobbies through live webcasting and video publishing, such as reading, music, dancing, handicraft, etc. Thus, they can find partners with common interests, and some minors can gain certain benefits through this channel by virtue of their knowledge and skills, and enhance themselves. Sense of value and sense of acquisition, If all prohibitions, how can these demands be met? Will it find new alternatives and raise new questions?
Whether minors can be anchors varies from place to place.
At present, the existing laws and regulations of our country do not specify whether minors can participate in the network live broadcasting. Since December 2016, the Regulations on the Management of Internet Live Broadcasting Service issued by the State Network Information Office have not restricted the registration of minors.
In 2018, the newly revised Regulations on the Protection of Minors in Wuhan, Hubei, stipulated that the video live websites should obtain the consent of the guardians of minors when they employ minors as anchors or provide them with registration channels.
In January this year, the Standards for the Management of Live Broadcasting on the Internet requires that if the live content is shown by minors alone, it should be reported to the live broadcasting platform in advance, and the live broadcasting platform can only conduct live broadcasting after verifying that the information is correct.
Most parents pay attention to the network protection of minors, first of all, anti-addiction. Many parents and even policymakers pay attention to how to limit the Internet time of minors. But the question is why are children increasingly addicted to the Internet? Why does the real world lose its appeal? Do we think about this from the perspective of healthy growth of children? What we should see is that the network protection of minors is not only a matter of the network, but also a concentrated reflection of various problems in the real society. u2014u2014 Tong Lihua, Director of Beijing Youth Legal Aid and Research Center
Source: Liu Song_NBJ9949, Responsible Editor of Beijing Newspaper