Wu Zhiru/Comic
Check Daily reported on December 4 ( Cui Xiaoli) actor Gao Yixiang has passed away. He suddenly fell to the ground during the recording of the Zhejiang Satellite TV variety show "Chasing Me". In the early morning of November 27, it was reported that he was sent to the hospital for rescue. At noon that day, I waited for a statement from the artist company-Gao Yixiang suffered a sudden cardiac death. Fans and colleagues, while griefing and regretting, accused the program of high risk factor, and pointed out that the rescue was not timely, and the voice of asking the program group to be held accountable became louder. The exemption clause in the contract between the artist and the program party that
circulated on the Internet has pushed public opinion to another high point. Later, Zhejiang Satellite TV issued a statement: "We are willing to take the corresponding responsibilities... We will conduct a comprehensive inspection of all links in the recording of the program, and do a better job of ensuring the safety of the program." It is reported that the program has stopped recording.
Gao Yixiang is not the first artist to have an accident in the recording of the show. In recent years, in order to attract viewers' attention and win ratings, more and more variety shows have been designed for competitive links. Many artists have been injured in high-intensity and dangerous sports. Are security measures for the program group adequate? Can the exemption clause be exempt? 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.
"Chasing Me" is a reality show in the night city launched by Zhejiang Satellite TV. The main idea is that in the night installation of the city's CBD, the star team, as the escape party, is chased and run by the super amateurs to start a strong and weak confrontation. Running is not a smooth road, which will encounter a series of difficult challenges such as downhill after climbing 70 meters and sliding through the sky. In the program's slogan, the word "instant death" was used.
Before Gao Yixiang's accident, "Chasing Me" had been broadcast for three episodes. The image of artist Wu Xuanyi sliding between the two buildings late at night is frightening; professional athlete Zou Shiming fell into the ocean ball and couldn’t see his figure. The staff did not go to the rescue immediately, and the photographer was still pursuing the “reality” Actor Zhong Chuxi said that after two sessions of the recording, he resolutely stopped recording, "after three days of quick-acting heart-saving pills"... Many netizens said that professional athletes could not complete a project of such intensity and difficulty. The hidden danger has long been buried. The
reporter found out that it was not accidental that the artist was injured while recording a variety show. In May 2016, when the artist Chen Chuhe was recording the variety show "Extraordinary Partner", the protective gear fell off during the "High-altitude Jumping Container" and his knee fell on the ground, causing the cruciate ligament of his right knee and the meniscus injury. The performance work was suspended for two years. . In 2018, singer Zhang Jie fainted during a lung capacity competition after recording the variety show "Ace vs. Ace" for more than ten hours, and hit his face directly on a stool...
Liu Junhai, a professor at Renmin University of China Law School, told reporters, As competition in the film and television industry intensifies, variety shows are ratings. In addition to increasing the scale of production, artists are also required to show their fighting side, such as previous diving competitions, obstacle competitions, etc., to continuously create topics and popularity. But this kind of stimulating and competitive sports often threatens the lives of artists. Many people in the industry said that because they were asked to shorten the program recording time, from the perspective of cost savings, in order to complete the shooting within the contract time, the program team would often work for more than ten hours continuously. It is commonplace to stay up late to shoot. As for the safety of artists, the program group must also attach great importance to it, but the specific security measures vary.
On December 2, 6 days after Gao Yixiang's death, "@高以翔吧官方微博" with 180,000 followers issued 20 questions to Zhejiang Satellite TV and the program group of "Chasing Me": Is there a project risk test before the program is recorded? ? Was the accompanying camera still shooting after the accident, leading to missing the golden four minutes? Is there an AED (automatic external defibrillator) and a skilled worker at the recording site?Staff? Why was the recorded video deleted the first time after the incident... These questions have actually been asked for a long time, but as of press time, no one has come out to answer. Are
artist casualties counted as work-related injuries? While the public opinion field is asking about the incident, people in the legal profession also hope to find legal relief for the casualties of artists. Many people believe that an artist's injury in recording a variety show can be regarded as a work injury. The reason is that in recording programs, it is equivalent to an 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, believes that under normal circumstances, the work contract between the artist and the program producer should be regarded as a contract or a cooperation contract. The two parties have an equal civil relationship and cannot participate in work injury insurance. of. Assuming that the program group has not fulfilled its security obligations during the recording process, the artist can claim compensation for infringement from the program group.
Professor Zhou Xuefeng of Beijing University of Aeronautics and Astronautics believes that the determination of legal relations requires the establishment of preconditions: "If the artist of the program producer (such as a TV station) is injured during the recording of the program, it can be considered as a work injury, because There is a labor contract relationship between the artist and the producer." He said that if the artist belongs to a certain agency, the agency has signed a contract with the TV station, and the artist is sent by the company to participate in the show and is injured. For the company, the artist can be injured. Determined as a work injury. The artist can simultaneously hold the agency company and the third party who caused the accident double accountability. If
is a contract signed between an artist studio and a program group, it is another situation. "Artists are not part of employment, they are independent contracting parties, and they have an independent contractual relationship with the program group. They cannot be identified as work-related injuries." Zhou Xuefeng said that the situation in each case is different and requires specific analysis of specific issues.
Who should be responsible for the casualties of artists?
After Gao Yixiang’s accident, a suspected contract between the "Chasing Me" program group and the artist was exposed. The "exemption" clause has attracted the attention of netizens: there is fierce competition in the program competition, which may cause physical and psychological problems for the artist of Party B burden. The artist of Party B must fully understand this, participate completely voluntarily and bear all possible consequences. The
reporter consulted a number of variety show contracts, which basically all have similar clauses-under the condition that the program group has done its duty to remind the participants, they will not be held responsible for the accidents of the participants. Many netizens believe 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, from a legal point of view, similar clauses are not exempt." Liu Junhai explained that when the right to life is involved, it cannot be exempted through unilateral standard clauses. Article 53 of the Contract Law expressly stipulates that the exemption clause for causing personal injury to the other party is invalid.
According to Zhou Xuefeng, for the program producer’s exemption clause to take effect, at least two factors need to be considered: “One is that when the artist has an accident such as illness, the program producer is not at fault; At the same time, he also emphasized that the program group bears the risk responsibility, the artist’s mental health risks, and the artist himself must be held responsible after he has fulfilled his duty of caution.
Regarding the division of responsibilities that the outside world is concerned about, court judgments in similar cases may provide some reference. In June 2017, Ms. Li from Changsha was injured while participating in the recording of the program "Boom, Launch". She suffered a comminuted fracture of the middle and lower right fibula and was identified as a grade ten disability. Ms. Li believes that the program group has not fulfilled its security obligations, and sued the Golden Eagle Cartoon Company, which belongs to the program group, to court, demanding compensation for medical expenses, lost work expenses, and nursing expenses totaling more than 110,000 yuan. Golden Eagle Cartoon Company argued that the program team has fulfilled its obligation to remind the risks, and Ms. Li's improper operation caused the injury and should be exempted.
After the trial, the court held that the Tort Liability Law of the People’s Republic of China and the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury The organizer of a sexual activity shall bear tort liability if it fails to fulfill its duty of safeguarding safety and causes damage to others.
The court found that Golden Eagle Cartoon Company, as the organizer, has a higher duty of safety and attention to the contestants participating in such competitive programs. It cannot simply be regarded as Li’s improper operation and participation.The game agreement has made a safety reminder to avoid its own responsibility. In the end, Li was judged to take 60% of the responsibility for his own injury, and Golden Eagle Cartoon Company to take 40% of the responsibility.
Lou Yu pointed out that the division of responsibilities should be based on the degree of fault of the parties. If the program has a high risk of accidents and there is no professional medical staff, the program team will bear greater responsibility.
The reporter noticed a case that occurred in 2016: Li Moumou was injured while participating in the variety show "Boys and Girls Charge Forward". The court determined that the program producer did not take adequate and effective safety precautions and safeguards and bear 90% of joint compensation responsibility. The life and health of
artists need to take care of the loss of
's young lives, which caused a shock in the entire industry. Director Xu Zheng uttered on Weibo, accusing the program team of poor safety precautions and must be held responsible. Actor Huang Lei stated in the circle of friends: "Relevant units and individuals should be severely accountable for this matter, and the entire industry should also be accountable. Excessive risk and overwork should not be described as hard work and hard work." China Television Association Actor Working Committee While expressing regret for Gao Yixiang's death, he also strongly urged the organizers of all production departments to put people first and minimize high-intensity and continuous work arrangements.
Although data from the National Cardiovascular Center show that my country’s sudden cardiac deaths are as high as 550,000 every year. In the case of opaque information, it is impossible to put all the boards on the program group, but the accidents of the artists in the program recording are the entire industry. The hidden risks in the medium, the issue of protecting the lives of artists must be taken seriously.
"Artists should actively fight for their rights when participating in variety shows, and bravely say no to programs that cannot protect their basic personal rights." Zhu Xiaolei, a lawyer at Beijing Star Power Law Firm, has acted as an agent for celebrities for many years. In his view, from From the perspective of the artist’s own protection, we can start from the pre-examination of the content of the contract signed with the program party to strengthen the full protection of the artist’s rights. "For example, work hours, work intensity, danger notifications, rest periods, etc. can be reviewed. Program parties can be required to purchase insurance that matches the content and intensity of the program, and ensure that the insurance content covers all possible injuries, illnesses or other accidents. Zhu Xiaolei said that the artist side can also require the program side to provide security measures in line with the content and intensity of the program, including rescue teams, first aid facilities, medical teams, and medical equipment. He particularly emphasized: "It is necessary to state in the contract that when the artist has the right to suspend the recording when he is unwell, he has the right to terminate the contract when necessary." The reporter learned from
that once the artist enters the program group, if one person does not record, it may affect No one wants to be given the reputation of being a "big name" for recording other people. Furthermore, the liquidated damages for suspending the recording are also high, which will offend the platform, and many artists have to choose to continue.
Regarding the responsibilities of the program group, Zhu Xiaolei believes that firstly, the program party should attach great importance to the life and health rights of the participants, and secondly, set up safe and reasonable program content. For programs with a certain degree of danger, they should always pay great attention to the participants. Physical condition.
“The regulatory authorities must take up the necessary regulatory responsibilities, and promptly introduce corresponding regulatory measures to eliminate from the source, programs that disregard the right to life and health for the sake of eyeballs, and even challenge various bottom-line programs.” Zhu Xiaolei said.
Lou Yu, from the perspective of industry security, suggested to learn from the practices of Germany and other countries, and social self-government organizations such as entertainers’ associations or industry unions should establish a work-related injury insurance system for workers in the industry. “In this way, even if the artists and program producers are contracting With contractual relationships, victims can also receive protection equivalent to work-related injury insurance."
"Record dangerous variety shows, conduct safety assessments on project settings, conduct physical tests on artists, and have medical measures in place. These are the most basic. There is no right. With strict prevention and control of risks, the program should not be recorded.” Liu Junhai expressed that he hoped that the death of actor Gao Yixiang would be exchanged for the variety show’s respect for the artist’s right to life safety.
(original title: Be safe, don’t have bloody ratings)
(responsible editor: Hu Mengyao_NK5655)
