"Reading Machine Girl" Gao Junyu was questioned about the release of stock videos during his brain tumor surgery. After being questioned by the media and netizens, the latest developments in the incident emerged.
html On March 11, Gao Junyu’s mother issued an apology and said that it was caused by serious problems when the mcn organization "Suddenly Enlightenment" ran the account. On March 12, the Yuhang District Internet Illegal and Bad Information Reporting Center issued an official statement, which was based on a stock video. It reported that the behavior of spreading rumors and causing trouble by "transferring facts, exaggerating facts, making things out of thin air, secretly changing concepts, and taking quotes out of context." All will be held legally responsible. Shortly after the official notification by, the company also issued a public statement to apologize and stated that it had not conducted any profitable operations.
So far, the truth of the incident has been basically clear. Many netizens lamented that their sympathy and trust were once again consumed. At the same time, the legal issues involved behind this incident also deserve careful analysis.
Dot-reading machine girl was questioned for posting stock video incident review
html On March 10, "Dot-reading machine girl" Gao Junyu released a video. Her family said that Xiaoyu's condition suddenly deteriorated and she continued to have a high fever. Now she has been urgently transferred to the ICU.This video account first posted on February 29 that Gao Junyu had a rare brain tumor. The video title was "I will have surgery next, everyone is waiting for my good news." After that, the account media will update Gao Junyu's surgery and Regarding the recovery situation, his family also responded to netizens in the video comment area, thanking netizens for their concern about Gao Junyu's condition.
However, some netizens pointed out that in the video posted by Gao Junyu on social media, there were doctors, nurses, and patient family members wearing short-sleeved skirts, questioning whether the video was a stock video. Netizens have raised questions, with some commenting that the surgery was completed in October last year and wondering why her mother is now "live broadcasting" the surgery process.
The reporter tried to contact Gao Junyu’s account via private message and found that the account’s privacy settings had been turned on. For Gao Junyu’s three fan groups, one of them needs to be followed for more than 7 days for review, and the other two are under review.
Some netizens added that they found that under the video account originally issued by Gao Junyu's account, you can see the signing of "Shuoran Kailang" (full name: Hangzhou Suoran Kailang Technology Co., Ltd.). You can see that this company is no longer in the account interface. The reporter tried to contact him many times. Hangzhou Huoran Kailaang Technology Co., Ltd., the phone has not been connected. Netizen
left a message saying: "Wouldn't everyone be happy if last year's surgery has recovered? There is no need to worry about it." Why did he get blocked and deleted when he left a message "Recovered" in the comment area?
Some netizens said, "Why do you still need to receive large donations after replying?" and posted a WeChat screenshot. The WeChat screenshot stated that on March 2, Gao Junyu’s mother received a donation of 10,000 yuan. However, it is currently unclear the authenticity of the donation screenshot.
Official notification: It was the fault of the account operator, and the company publicly apologized and denied any profitable operations
On March 12, the Yuhang District Internet Illegal and Bad Information Reporting Center issued an official statement that the release date of the video did not match the actual shooting and release time. .
mcn organization and Gao Junyufang? Lawyer's interpretation
The news that "Point Reading Machine Girl" Gao Junyu was admitted to the ICU due to fever has attracted social attention. However, as the incident unfolded, some netizens questioned that the video he released was a stock video, accusing him of using old news to mislead netizens. In this regard, lawyer Fu Jian, director of Henan Zejin Law Firm, and Liu Ming, executive director of Hunan Ruibang Law Firm, provided a legal interpretation of the details of the incident.
1. At present, local officials have confirmed that it was the mcn agency, released the stock video, and stated that they will pursue legal responsibility. Judging from the details of the incident that have been disclosed so far, what legal punishments may this agency face?
Fu Jian: The MCN operation and management organization publishes outdated news to gain traffic, mislead the public, spread rumors, and cause public disorder.Violations of relevant provisions of the Public Security Administration Punishment Law may result in administrative penalties ranging from fines to detention.
spreads false information and fabricates lies, causing netizens to have misunderstandings. As a result, netizens dispose of their finances and make donations based on their misunderstandings, even in large amounts. The mcn management and operating organization may also be suspected of fraud and subject to criminal penalties.
2. Nowadays, many social accounts are operated by mcn organizations. If a video like "Building Blocks" is taken out of context and is widely disseminated on the Internet, spreads rumors, causes panic, misleads netizens, etc., from a legal perspective, this kind of behavior What are the most serious legal consequences possible?
Liu Ming: The most serious consequence would be to commit the crime of picking quarrels and provoking trouble, with a maximum penalty of up to 10 years in prison.
According to the judicial interpretation of the Supreme Court: "Causing serious disorder to public order" is the prosecution standard for such acts of provoking quarrels and provoking troubles. That means that "spreading false information" to be held criminally responsible for the crime of provoking quarrels and provoking troubles must meet the requirements of "causing serious disorder to public order". "Hazardous consequences. If an agreement is signed between the
3.mcn organization and the account owner, and the organization operates the account on its behalf, the published content must be approved by the parties concerned. If these videos have been approved, do the parties involved need to bear responsibility? If there is no consent from the parties involved, how will legal liability be divided?
Liu Ming: That is to say, if the published content has the consent of the party involved, then the party concerned and the mcn organization should jointly bear legal responsibility. Considering the circumstances of this case, it is more likely to be administratively punished. Correspondingly, if the party concerned does not know, the company will be subject to administrative penalties, and the party concerned will not bear responsibility. The relevant liability should be borne by the video publisher.
According to Article 25 of the "Public Security Administration Punishment Law of the People's Republic of China": Anyone who commits any of the following acts shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan. If the circumstances are relatively minor, he shall be sentenced to five days. The following detention or fine of not more than 500 yuan:
(1) Spreading rumors, falsely reporting dangers, epidemics, police situations, or deliberately disrupting public order in other ways.
Fu Jian: Gao Junyu’s personal account is operated by the company. For netizens, the videos shot and released by the company are equivalent to those released by Gao Junyu. If the company releases a video without permission and causes adverse consequences, Gao Junyu and his family should publicly explain and delete the video as soon as possible to eliminate the impact, so that they do not have to bear corresponding responsibilities; if Gao Junyu and his family see the video that causes adverse consequences, they should If you adopt a tacit and indulgent attitude, you should also bear corresponding legal responsibility for the consequences.
The Gao Junyu incident not only involves social moral and ethical issues, but also may involve the law. As cyberspace becomes increasingly developed today, legal supervision cannot be ignored. Lawyer Fu Jian called on netizens to maintain a rational and prudent attitude, avoid being misled by false information, and jointly maintain the order and justice of cyberspace.
Xiaoxiang Morning News reporter Huang Kangrui
