Does the rider take the child to take delivery？ They are all posing! The platform rumored that it would take corresponding legal measures.

The false posing video of the US group’s takeaway rumor

Recently, a number of short videos of "wearing a US group rider’s uniform to take a child to run a bill" have been widely spread on social platforms, attracting public attention. In this regard, the US Mission issued a rumor statement saying that the relevant videos are all false poses, and the company will take corresponding legal measures for posing accounts and behind-the-scenes pushers. Yangzi Evening News/Zi Niu News reporter noticed that it is not a recent case that the identity of a fake platform take-away rider falsely posed for video. In November last year, the US delegation said that it would file a lawsuit against online celebrity (the subject of the online account) who pretended to be a rider and made malicious rumors. Then, what legal issues are involved in this kind of video, what legal measures can the take-away platform take against the infringer, and how should the short video platform prevent this kind of chaos? The reporter interviewed this.

Yangzi Evening News/Zi Niu Journalist Wan Chengyuan

A number of "running orders with children" videos officially issued rumors.

The official account of Meituan, "Xiaotuan has something to say", issued a rumor statement, saying that after verification by Meituan’s take-out parties and communication with the photographers, the scenes of sending orders as Meituan’s riders, such as "Children deliver orders in the cradle at twelve o’clock in the morning", "Feeding children with nasal feeding tubes in places where the takeaways wait for orders" and "Holding children for half an hour overtime and asking customers not to give bad reviews", were all false poses, and the shooting time and location in the videos were also seriously inconsistent with the facts.

The statement said, "I hope that some number-making parties will not use the public’s goodwill fraud to gain traffic. The company will take corresponding legal measures for posing accounts and behind-the-scenes pushers. "

The reporter saw that in the video of "holding the child for half an hour overtime and begging the customer not to give bad reviews", a man dressed in a rider’s costume held a young child and apologized to the video shooter again and again for asking why the food delivery was overtime for half an hour. The man said, "The child got a tumor and couldn’t breathe after tracheotomy", and said that he could transfer it to the photographer 25 yuan, asking not to give him a bad review.

At the bottom of the video, there are also words such as "takeaway brother holding a child with a tumor to send a takeaway, and apologizing because the child is uncomfortable to deliver food late". Related videos are widely commented and forwarded on short video platforms.

The platform has sued four rumors and one person in online celebrity was administratively detained.

Yangzi Evening News/Zi Niu News reporter noticed that it was not only recently that the counterfeit platform took out the identity of the rider and made a false posing video. In November last year, Meituan’s take-out said through the media that it would sue online celebrity (the main body of the online account) who pretended to be a rider and made malicious rumors, demanding an apology to the group of take-out workers and compensation for losses.

According to the report, "some online accounts pretend to be riders in order to obtain traffic, falsely posing various videos and pictures, maliciously fabricating and spreading false information, misleading the public, and seriously damaging the image of the rider group."

According to reports, the video and photos of a group of women dressed in take-away work clothes, stockings or short skirts shot and produced by one of the sued online celebrity accounts circulated on the Internet, which caused controversy, and related videos and photos also became the material of online sex-related rumors.

The other three online celebrity were prosecuted for posing as a US group rider, taking photos of wearing rider’s overalls and exposing their clothes, and publishing false food delivery videos to gain traffic, which seriously damaged the rider’s image. Among them, a online celebrity posing as a "female rider crying after her car was stolen late at night" aroused public concern, and later Huaihua police in Hunan intervened in the investigation and detained her administratively on suspicion of fabricating and publishing false information to disturb public order.

Lawyer: If you defraud property or violate the criminal law, the takeaway platform can claim economic losses.

What legal measures can the takeaway platform take?

Then, what legal issues are involved in this kind of act of counterfeiting the identity of a platform’s takeaway rider and falsely posing videos, and what legal measures can the takeaway platform take against the infringer?

Fu Jian, a well-known criminal defense lawyer and director of Henan Zejin Law Firm, said that the behavior of wearing the relevant platform to take away the rider’s clothes for false posing is easy to make the public misunderstand the rider group of the platform, which in turn affects the business reputation and reputation of the platform. If the content of false video causes public misunderstanding or bad social influence, the related behavior may also be considered as disturbing social order.

He said that posing as a take-away rider and putting up an auction is an immoral act that disrupts public order with deceptive nature. If such videos are shot to defraud other people’s property and the amount is large, it may also constitute the crime of fraud stipulated in the Criminal Law and bear criminal responsibility.

"If the take-away platform company damages the commercial reputation of the platform due to the spread of false posing videos, which in turn affects the business volume and cooperation opportunities of the platform, it can ask the infringer to compensate for the economic losses caused by reputation damage."

"Self-media" violations are banned, and the platform should suspend its profit-making authority.

There is another problem worthy of attention about the rumor of the US group’s takeaway, that is, how should the content platform prevent the emergence and further spread of such false content in view of the frequent occurrence of false short video chaos?

On October 23, the reporter searched on the short video platform and found that it was impossible to find the account that originally released the relevant video. The reporter also noticed that all platforms have set up channels for reporting complaints about published content, and there is an option of "false information" in the reporting type.

Fu Jian told reporters that the short video platform has the obligation to review its own content and fulfill the responsibility of managing the main body. If the relevant content is false posing, disturbing social order and defrauding the sympathy of viewers, the platform should remove it. If it is still not removed after being reported, it shall be jointly and severally liable for the damage caused by the expanded influence.

Obtaining traffic, thus gaining economic benefits, is the reason why many fake videos appear. The reporter noted that the Notice on Strengthening the Management of "Self-media" requires limiting the profit of illegal activities. If the website platform takes measures to ban the illegal "self-media", it should suspend its profit-making authority at the same time for 2 to 3 times of the ban period. For "self-media" who create vulgar people’s designs, violate public order and good customs, and engage in malicious marketing of social hot events through multi-account linkage, the website platform should cancel or not give them profit-making authority. For the case of making a profit by publishing false content and obtaining money, Fu Jian believes that the content platform should order the publisher to refund the relevant money and take measures to limit the flow or even seal the title. In order to protect the interests of users, we can consider paying in advance and then recovering from the video publisher.

At present, the short video platform dummy sets up a fake script chaos.

At present, some short video bloggers specially design plots and use plot deduction to attract traffic in order to pursue interests, and there are many cases in which controversial topics are used to attract attention. After getting a certain amount of traffic, the blogger will set up a live broadcast with the goods through the dummy.

The reporter’s recent investigation found that there are many such cases of fabricating content and releasing short videos: some bloggers deliberately interpret the plot with hot topics of public concern for the purpose of drainage, such as "miserable takeaway", "male and female opposition", "lost girl" and "bad criminal means". Once many short videos of fake scripts were issued, they quickly detonated public opinion. Some bloggers also use fake scripts to create dummies as endorsements of goods, so that the audience in unknown so can pay the bill.

Ms. Sang, a girl from Northeast China, is a short video blogger with nearly one million fans. She told reporters that script creation, plot deduction and other means are very common for short video bloggers. "For example, I stayed at home all day today, but I want to tell a joke that happened in a shopping mall. I have to set the plot. I went to a shopping mall today, met someone in the shopping mall and something happened. But in fact, all of the above are compiled by me around the paragraph, and the purpose is to attract netizens with more conflicting content. " According to Ms. Sang, some brokerage companies in online celebrity even output fake script dummy designs like an assembly line, and quickly packaged some accounts with different templates, and then began to cash in the goods.

The reporter searched for keywords such as "live script" and "positive energy anchor" on social platforms and found that many netizens reported that they had brushed this kind of live broadcast room. "People are extremely exaggerated, and’ billionaires’ sell tens of dollars." Many of these live broadcast rooms are middle-aged and elderly people, and some people are convinced of the anchor speech.

In addition to the "rich" people, there are a large number of "successful masters", "poor farmers", "emotional experts" and "psychic anchors" who have doubts about their authenticity in the short video live broadcast room. The reporter’s investigation found that in actual operation, some platforms are more relaxed in handling plot interpretation. Some bloggers can basically release the video or the live broadcast room by marking it as "plot deduction" and perform a special performance in the live broadcast room. It is worth noting that many of these bloggers are middle-aged and elderly people. They know little about short video platforms, and some even can’t read. Text annotation has little warning effect on them.

He Tianping, deputy director of the Department of Audio-visual Communication, School of Journalism, China Renmin University, believes that the platform should upgrade the iterative management logic in a targeted manner, and carry out special governance when necessary, so as to further discover the potential content creation wandering in the blind area, so as to improve the supervision efficiency. "Flow-only logic is the essence of this situation, and how to balance the relationship between creative effect and flow effect needs a more long-term mechanism to restrain it." He Tianping said that if the logic of "traffic first" cannot be broken, such problems will still appear, and the problem of digital platform governance still has a long way to go. Rule of law daily