Prosecutors Daily reported on December 4 that actor Gao Yixiang died when he fell to the ground during the recording of Zhejiang satellite TV variety show chase me. In the early hours of November 27, it was reported that he had been sent to the hospital for rescue. At noon that day, Gao Yixiang died of sudden cardiac death, a statement from the artist company. At the same time of grief and regret, fans and peers have accused the program of high risk, and pointed out that the rescue was not timely at that time, and the voice of calling for accountability of the program group is growing.
The exemption clause in the contract between the artists and the program parties in the online media pushes the public opinion to another high point. Later, Zhejiang satellite TV issued a statement: willing to bear the corresponding responsibility We will conduct a comprehensive inspection of all aspects of the program recording, and do a better job in program security.
It is reported that at present, the program has stopped recording.
Gao Yixiang is not the first artist to have an accident in the program recording. In recent years, in order to attract the audiences attention and win the ratings, more and more variety show design competition links, many artists are injured in high-intensity and dangerous sports. Are the security measures for the program team adequate? Can exemption clauses be exempted? How to protect the life, health and safety of artists? This series of questions needs to be answered.
The security of variety shows is a mystery
Chase me is a reality TV show of night city reality chase launched by Zhejiang satellite TV. The main idea is that in the night installation of CBD, the star team, as the Escaping Party, is chased and run by the super energy human group to launch a strong weak confrontation. Running is not a smooth road, which will encounter a series of difficult challenges, such as speed drop after climbing 70 meters, Davia sliding and so on. In the programs slogan, the word instant death is also printed.
Before Gao Yixiangs accident, chase me had been broadcast for three times. The picture of artist Wu Xuanyi hanging between two buildings in the middle of the night is frightening; professional athlete Zou Shiming cant see the figure in the ocean ball, the staff didnt go to rescue at the first time, and the photographer is still pursuing the real effect and reaction; actor Zhong Chuxi said that after recording two periods, he resolutely stopped recording the three-day quick rescue heart pill Many netizens said that such intensity and difficulty of the project, professional athletes are unable to complete, hidden dangers have long been buried.
The reporter inquired the information and found that it was no accident that the artist was injured while recording the variety show. In May 2016, when Chen Chuhe recorded the variety show extraordinary partner, the protector fell off in the high jump container link, landing on the knee, causing the rupture of the cruciate ligament of the right knee and meniscus injury, and the performance stopped for two years. In 2018, after recording the variety show trump to trump for more than 10 hours, singer Zhang Jie fainted during the vital capacity competition and directly hit his face on the stool
Liu Junhai, Professor of Law School of Renmin University of China, told reporters that as the competition in the film and television industry intensifies, in addition to the efforts to improve the production scale, the variety show also requires artists to show their hard-working side, such as the previous diving competition, challenge obstacle race and so on, so as to constantly create topics and enthusiasm. But this kind of exciting and competitive sports often threaten the life safety of artists.
Many people in the industry said that because they were required to shorten the recording time of the program, considering the cost savings, the program team often worked for more than ten consecutive hours in order to complete the shooting volume within the contract time, and it is common to stay up late for shooting. As for the safety of artists, the program team must also attach great importance to it, but the specific guarantee strength is uneven.
On December 2, six days after Gao Yixiangs death, the @ Gao Yixiang bar official micro blog, which has 180000 fans, sent 20 questions to the program group of Zhejiang satellite TV and chase me bar: did you have a project risk test before the program was recorded? Is the accompanying camera still shooting after the accident, resulting in missing the golden four minutes? Is there any AED (automatic external defibrillator) and skilled staff at the program recording site? Why delete the recorded video as soon as possible after the incident In fact, these questions have been asked for a long time, but as of the press release, no one has come out to answer them.
Is an artists injury a work-related injury?
In the public opinion field, people in the legal field also hope to find legal relief for the casualties of artists. Many people think that the injuries of artists in recording variety show can be regarded as work-related injuries. The reason is that in recording the program, it is equivalent to the employment relationship between the artist and the program producer. But there are also experts who give different opinions.
Lou Yu, director of the Institute of social law of China University of political science and law, thinks that generally, the work contract between artists and program producers should be recognized as a contract of employment or a cooperation contract. Both parties are equal civil relations and cannot participate in work-related injury insurance. Assuming that the program team did not fulfill the obligation of security during the recording process, artists can claim compensation for infringement from the program team.
Zhou Xuefeng, a professor at Beijing University of Aeronautics and Astronautics, believes that the determination of legal relationship requires the setting of preconditions: if it is an artist of a program producer (such as a TV station) who is injured during the recording of a program, it can be regarded as a work-related injury, because there is a labor contract relationship between the artist and the producer. He said that if the artist belongs to a brokerage company, the brokerage company has signed a contract with the TV station, and the artist is sent by the company to participate in the program and is injured, for the company, the injury to the artist can be regarded as an industrial injury. Artists can pursue both the agency and the third party who caused the accident.
If its a contract between an artist studio and a program group, its another case. The artist is not an employee, is an independent contracting party, and has an independent contractual relationship with the program group, and cannot be identified as a work-related injury. Zhou Xuefeng said that the situation in each case is different and needs specific analysis.
Who should be responsible for the casualties of artists?
After Gao Yixiangs accident, a suspected chase me bar program group and artist contract were exposed. The exemption clause attracted the attention of netizens: there is fierce competition in the program competition, which may cause physiological and psychological burden to Party Bs artists. Party Bs artists shall fully understand this, participate in it voluntarily and bear all possible consequences.
The reporter looked up a number of contracts for variety shows, which basically have similar terms - in the case of the program teams duty to remind attention, the accident happened to the participants will not be responsible. Many netizens think that if the artist is injured during the recording of the program, this exemption clause will exempt the program group from all responsibilities, this is a naked overlord clause .
In fact, in terms of law, similar clauses are not exempt from liability. Liu Junhai explained that in the case of the right to life, it cannot be exempted through unilateral standard terms. Article 53 of the contract law expressly stipulates that the exemption clause causing personal injury to the other party is invalid.
According to Zhou Xuefeng, in order for the exemption clauses of the program producers to take effect, at least two factors need to be considered: first, the program producers have no fault in the event of an accident such as an artists illness; second, the program teams have actively assisted the artists in the event of an accident. At the same time, he also stressed that the program team bears the responsibility of risk, and the artists mental health risks need to be borne by the artist after performing the duty of warning and attention in advance.
For the division of responsibility concerned by the outside world, the courts judgment on similar cases may provide some reference. In June 2017, Ms. Li in Changsha was injured while participating in the recording of bang, launch program, and her right middle and lower fibula was comminuted fracture, which was assessed as grade 10 disability. Ms. Li thought that the program group failed to fulfill the obligation of safety and security, and sued the Golden Eagle cartoon company affiliated to the program group to the court, claiming for more than 110000 yuan in total for medical expenses, work delay expenses, nursing expenses, etc. Golden Eagle cartoon company argued that the program team had done its duty to remind of the risks, and Ms. Lis improper operation resulted in injury, which should be exempted.
After hearing the case, the court held that, according to the tort law of the peoples Republic of China and the interpretation of the Supreme Peoples Court on Several Issues concerning the application of law in the trial of personal injury compensation cases, if the manager of hotels, shopping malls, entertainment places and other public places or the organizer of mass activities fails to fulfill the obligation of safety and security and causes damage to others, he shall bear the tort liability u3002
The court found that Golden Eagle cartoon company, as the organizer, has a higher obligation to ensure the safety of the contestants participating in such competitive programs, and can not simply evade its own responsibility because of the improper operation of Li and the safety prompt made in the competition agreement. Finally, Li was judged to be responsible for 60% of his injuries, and Golden Eagle cartoon company was responsible for 40%.
Lou Yu pointed out that the division of responsibility should be based on the fault degree of the parties. If the accident risk of the program is high, and there is no professional medical staff, the program team should take greater responsibility.
The reporter noticed a case in 2016: Li was injured while participating in the variety show boys and girls rush forward. The court found that the producer of the program did not take sufficient and effective safety precautions and safeguard measures and assumed 90% joint and several liability.
Artists life and health need to be taken care of in many ways
The disappearance of young life has triggered the shock of the whole industry. Xu Zheng, the director, said on his microblog that the program team had a poor sense of security and was absolutely responsible. Huang Lei, an actor, said in the circle of friends: this matter should be strictly accountable to relevant units and individuals, and the whole industry should also be self accountable. Too much risk and too much work should not be described as dedication and hard work. While expressing regret for Gao Yixiangs death, the cast Working Committee of China Television Association strongly appeals to the organizers of all production departments to put people first and minimize high-intensity and continuous work arrangements.
Although the data from the National Cardiovascular Center shows that 550000 people die of sudden cardiac death every year in China. Under the condition of non transparent information, all the boards cant be hit on the program group, but the accident of artists in the program recording is a hidden risk in the whole industry, so the issue of ensuring the life safety of artists must be paid attention to.
When participating in variety shows, artists should actively strive for rights, and be brave to say no to programs that cannot guarantee basic personal rights. Zhu Xiaolei, a lawyer from Beijing Xingquan law firm, has been acting as an agent for stars for many years. In his opinion, from the perspective of artists own protection, he can start with the content of the contract signed by the first review party and the program party, and strengthen the full protection of artists rights. For example, work time, work intensity, hazard notification, rest time, etc. can be reviewed. The program party may be required to purchase insurance in accordance with the content and intensity of the program, and ensure that the insurance covers all possible injuries, diseases or other emergencies.
Zhu Xiaolei said that artists can also require the program to provide security measures consistent with the content and intensity of the program, including the provision of rescue teams, first-aid facilities, medical teams, medical equipment, etc. He stressed in particular: it should be stated in the contract that the artist has the right to suspend the recording when his body is not in good time, and has the right to terminate the contract if necessary.
The reporter learned that once an artist enters the program group and does not record, it may affect other peoples recording, and no one wants to be put on the reputation of playing big. Moreover, the penalty for the suspension of recording is also high, which will offend the platform even more, so many artists have to continue to insist.
For the responsibilities that the program team should shoulder, Zhu Xiaolei believes that, first of all, the program parties should attach great importance to the right to life and health of the participants, and then set up safe and reasonable program content. For programs with certain risks, they should also pay high attention to the physical conditions of the participants all the time.
The regulatory authorities should take on the necessary regulatory responsibilities, timely issue the corresponding regulatory measures, and put an end to programs that ignore the right to life and health and even challenge the bottom line in order to gain more attention from the source. Zhu Xiaolei said.
Lou Yu, from the perspective of industry security, suggested that, drawing on the practice of Germany and other countries, social autonomous organizations such as performing artists associations or trade unions should establish a work-related injury insurance system for the staff of the industry, so that even if the artists and the producers of the program are contracted, the victims can get the same security as the work-related injury insurance.
Recording dangerous variety shows, safety assessment of project settings, physical fitness test of artists, and medical measures in place are all basic. Without strict risk prevention and control, the program should not be recorded. Liu said he hoped that the death of Gao Yixiang, an actor, would bring respect for the right to life safety of the entertainer from the variety show.
Source: responsible editor of procuratorial Daily: Hu Mengyao, nk5655