This article is from the WeChat public account: Tencent Institute (ID: cyberlawrc) , author: Zhang Xin, Zeng Lei, Chen (Tencent platform, senior corporate counsel law Consultant), head of FIG Origin: watercress
In 2019, many changes have occurred in China’s streaming video industry. Short video platforms continue to rise. Long-term video platforms such as iQiyi and Tencent Video have exceeded the 100 million mark. It is only a content integration platform and content distribution channel, and it has also jumped out of the traditional Internet industry chain and expanded many markets such as traditional education and medical care. In addition, many small and medium-sized streaming media platforms have begun to withdraw from the market. Competition between mainstream streaming video platforms in head content, high-quality content, technological innovation, and differentiation has become increasingly fierce, and the regulatory system has become more complex and policies have become clearer In detail, related disputes and disputes have also increasingly attracted public attention and discussion in the media society. This article sorts out the key public events in the long video industry in 2019, and summarizes and analyzes some key points. It provides reference and help for understanding the development of the long video industry, avoiding legal risks, and understanding the market competition norms.
You Aiteng and other platforms could rightly claim to be video platforms. This “long” word is not used at all, but with the rise of short video platforms such as Douyin and Kuaishou, the influence and weight of platforms The entire video field has dropped a lot, and it’s not true that it represents a video platform. Just as Sun Wukong was rescued from the Five Elements Mountain at that time, although friends on the rivers and lakes met and still called “the Great Heavenly King,” but after all, he dared not hang the banner again.
But the long video platform still has a lot of sense. In 2019, it broadcasted many explosions and high-quality programs such as “Chen Qingling”, “Ying Yu Nian”, “Creation 101”, “A Wonderful Story” and “Changan Twelve Hours”. Bringing richer story content and user experience to the majority of users, creating a different value from other video content forms such as short videos and live broadcasts.
Based on important public events in the field of long video in 2019, this article summarizes five aspects including platform management, government supervision, industry norms, competition and cooperation, and litigation disputes. It also briefly summarizes and analyzes some issues from a legal perspective, and hopes that it will be of reference and help to friends who are engaged in this industry.
Platform Management
1. Reject fake traffic
On January 9, 2019, the People’s Daily published a comment from the People’s Daily on “Rejecting fake traffic and forging good quality”, calling for counterfeit ratings.
On January 18, 2019, Youku published a title entitled “Breaking the Noise””Boom, return to the heart” statement, announced that the front desk broadcast volume will be closed from now on.
In July 2019, the Shanghai Intellectual Property Court closed the second trial of iQiyi v. Hangzhou Feiyi Information Technology Co., Ltd. and other false publicity and unfair competition disputes. The court held that Feiyi, Lu, Hu, etc. cooperated through division of labor. The use of multiple domain names, constant access to IP addresses, and other methods to continuously access iQIYI’s website videos, quickly increase video traffic in a short period of time, achieve the purpose of ordering, and constitute false unfair competition. The court ruled that Feiyi Company, Lumou, Humou, etc. jointly compensated Qiqiyi Company for 500,000 yuan.
Video “bashing” and data fraud will directly bend the platform’s operating data, which is not conducive to the platform to formulate a correct business strategy. It will also have a negative impact on advertising revenue and the purchase price of video content, which will ultimately damage the platform’s legitimate rights and interests. At present, some video platforms have closed the front-end play volume display and replaced it with hot, but as long as this data standard still exists, the phenomenon of data fraud will be difficult to curb, and there is no evaluation standard in the market, otherwise the video platform cannot be evaluated And the market value of the content.
For video platforms, a more scientific and rigorous data evaluation system should be established internally, and a system plan to counter data fraud should be designed internally. Various external legal methods should be used to combat illegal acts of data fraud and promote the improvement of relevant laws and regulations. And promote regulatory agencies and industry organizations to establish a more fair, reliable, objective and scientific data evaluation mechanism.
2. Strengthen advertising compliance
In 2019, the advertising content produced by iQiyi in the self-made variety show “Flower of Youth” has not been reviewed by the advertising review agency, and the approval number of the medical device advertisement has not been marked. Beijing Dongcheng District Bureau of Supervision believed that its behavior violated the Medical Device Advertisement Review Standards and the relevant provisions of the Advertising Law, and decided to fine Aiqiyi by 100,000 yuan.
In 2019, the student Sun of Suzhou University claimed that Iqiyi ’s “jump advertising” membership service was purchased, but he still “skip” the advertisement during the video playback process, so he sued iqiyi to the people of Suzhou Gusu District The court requested the court to determine whether iQiyi stopped advertising, publicly apologized, compensated the plaintiff for recharging the member for 58 yuan, and assumed such litigation costs. A later court decision found that the “VIP Member Service Agreement” provided by iQiyi to consumers was small in size and not prominently marked, and there were certain flaws in the notification and prompting of format terms. Therefore, according to the “Consumer Rights Protection Law,” the court ruled that iQiyi assumed partial compensation liability to Sun.Hold all of Sun ’s claims) .
On November 1, 2019, the General Office of the State Administration of Radio, Film and Television issued the “Notice on Strengthening the Management of Online Audiovisual E-commerce Live Broadcasting Programs and Advertising Programs During the” Double 11 “Period. Advertising program management.
In summary, advertising revenue is one of the major sources of revenue for major video platforms. How to use costly video content to convert various forms of effective advertising is a commercialization problem for major video platforms. However, the platform should pay special attention to advertising review, advertising management and other aspects during the production and delivery of advertisements, and provide legal and reasonable forms and contents of advertisements. In particular, members should fulfill their obligations of adequate and reasonable reminders to avoid advertisements. Misunderstanding by users to prevent infringement on users’ legal rights and interests .
3. Strengthen the protection of personal information
In 2019, the Central Cyberspace Office, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the General Administration of Market Supervision issued the “Announcement on the Special Administration of the Collection and Use of Personal Information in the Illegal and Illegal App”, the Cyber Security and Protection Bureau of the Ministry of Public Security, and Beijing Network Industry associations and the Third Research Institute of the Ministry of Public Security issued the “Guidelines for the Safeguarding of Personal Information on the Internet”, the National Internet Information Office issued the “Provisions on the Protection of Children’s Personal Information Network”, the Secretary Bureau of the National Internet Information Office, the General Office of the Ministry of Industry and Information Technology, The General Office of the Ministry of Public Security and the General Office of the State Administration of Supervision and Administration of China have issued the “Identification Method for the Collection and Use of Personal Information by App in Violation of Laws and Regulations”. Protect network data security and legal rights of citizens.
In the future, strengthening the protection of network security and user personal information will become the norm and the focus of the public and the relevant national regulatory authorities. Therefore, video platforms should pay attention to product compliance and actively respond to the guidance of relevant regulatory agencies, especially It is the protection of user’s personal information.
4. Strengthen the protection of minors
On April 30, 2019, the “Administrative Regulations for Juvenile Programs” was officially implemented. In addition, with the rapid development of the short video industry, how to effectively carry out youth addiction prevention has become a social responsibility that the short video platform must perform, and it is also the focus of increasing public attention. Under the guidance of the National Internet Information Office and other relevant departments, major short video platforms have comprehensively promoted the launch of the “Juvenile Anti-Addiction System”, and subsequently major video platformsThe frequency platform has also launched “Youth Mode” or “Minor Mode” or “Youth Guardian Mode”, etc. When the user opens the network app for the first time, the guardian can choose to turn on “Youth Mode” according to the pop-up prompt, and set the monitoring password. If you enter the “teenage mode” or “underage mode”, the content browsed by users, the length of use per day, and the period of use will be limited.
Minors are the future and hope of the country. With the implementation of relevant laws and regulations such as the “Minor Protection Law” and “Regulations for the Management of Minor Programs”, video platforms must actively raise awareness about the protection of minors. , Ignoring or infringing on the legal rights and interests of minors will certainly be condemned by society and punished by law.
Government regulation
1. Issue the “Notice on the Upgrade of the Network Recording System for Recording of Audiovisual Programs”
At the beginning of 2019, the State Administration of Radio, Film and Television issued the “Notice on the Upgrade of the Network Recording System for Recording of Audiovisual Programs”. According to the requirements of this notice, as of February 15, 2019, key online film and television dramas (including online dramas and online movies) Before starting production, the production organization must log in to the filing system to submit program information such as program name, theme type, content summary, production budget and other planning information. After the filming and production of key network film and television dramas is completed, the production institution should register relevant information such as the program’s intended broadcasting platform, actual investment, and actor’s film remuneration in the filing system.
The original filing body of the major online film and television dramas is the video platform, and there is no clear requirement for relevant information such as actual investment and actor film remuneration. Therefore, starting from 2019, investors, platforms and producers need to communicate in advance to confirm relevant filing issues, check the qualifications of producers, and clarify the filing obligations of producers through contracts or related documents.
2. Focus on strengthening the record publicity review and content review of palace fighting dramas, anti-Japanese war dramas, and spy combat dramas “text-sm-title”>
On July 9, 2019, the TV Drama Department of the General Administration of Radio, Film and Television held a special conference on the management of TV drama content in some provincial bureaus and promoted TVSymposium on high-quality development of video dramas. The meeting requested to focus on strengthening the public review and content review of palace fighting dramas, anti-Japanese war dramas, and spy war dramas, and to curb the “old drama remake” bad creative tendency.
This requires investors and video platforms to strengthen their review of the above-mentioned related subject matter planning, and to make expected plans for related risks.
3. Issue the “Notice on Strengthening the Management of Online Talk (Interview) Programs”
On July 19, 2019, the General Administration of Radio, Film and Television issued the “Notice on Strengthening the Management of Online Talk (Interview) Programs”. According to the requirements of the notice, all talk programs were comprehensively checked, and problem programs were prohibited from being broadcast online. .
This puts forward higher requirements for the review and filing of all talk shows, and it is necessary for each platform and producer to strengthen review and control in accordance with the notification requirements.
In addition, for talk show programs, due to the uncontrollable scale of participants, it is recommended that the platform or producer sign the normal labor contract terms with the participants, and they should also sign the exemption clause or sign a separate “exemption” Book “, abandoning the responsibility of the platform or producer for adversely affecting participants due to the final program size.
4. Issue the “Notice on Further Strengthening Youth Tobacco Control Work”
On October 29, 2019, eight departments including the State Administration of Radio and Television of the State Health and Health Commission issued the “Notice on Further Strengthening Youth Tobacco Control Work.” The “Notice” mentioned that “to strengthen the pre-broadcast review of movies and TV shows, strictly control the smoking scenes in film and television dramas that have nothing to do with the plot, and have nothing to do with the image formation of characters, and try to cut down on the smoking scenes in public places. Lens. “
In fact, as early as February 2011, the General Office of the State Administration of Radio, Film and Television issued the “Notice on Strict Control of Smoking Lenses in Movies and TV Shows”. Tobacco control has always been a basic requirement for film and television creation. In the future, related laws and regulations will be protected with minors. The comprehensive implementation and improvement of tobacco control should be given more attention and attention.
5. Publish “Administrative Regulations for Network Audio and Video Information Services”
On November 18, 2019, the National Internet Information Office, the Ministry of Culture and Tourism, and the State Administration of Radio and Television jointly issued the “Network Audio and Video Information Service Management