Most of the appreciators are pupils.
According to the report, among the parties in 76 cases, the youngest victim was only 5 years old, and the largest number of parties aged 8 to 16 accounted for 86.8%. Of the 63 cases concluded, 74.6% were settled by mediation and withdrawal, and 22.2% by judgment. From the specific dispute content of the case, the network disputes involving minors mainly focus on recharge reward, online shopping, personality right infringement and so on.
The "report" shows that recharge reward cases also include game recharge, live broadcast reward and other types, and the plaintiffs in the case mostly advocate that the recharge behavior of minors is not effective and demand the return of recharge money. Among the 57 cases, the average target amount of game recharge cases is more than 84000 yuan, the average amount of live reward cases is more than 69000 yuan, and the highest amount of money involved is 610000 yuan. Most minors start from simple contact with online games and live streaming, and then get a better entertainment experience through recharge and reward, and then develop into a large recharge reward, and individual minors will also purchase "game practice" services.
"some minors deceive parents into obtaining electronic devices on the grounds of online lessons and normal entertainment, and some minors even steal parents' equipment for entertainment consumption during parents' rest time." Said Jiang Ying, vice president of the Beijing Internet Court.
The reporter noticed that in the typical cases released by the Beijing Internet Court, the minors who were recharged were basically primary school students, who used their parents' mobile phones to register accounts, recharge games, reward anchors, read paid comics, and so on.
For example, primary school student Xiao Liu, without his parents' knowledge, used his father's mobile phone number to register an account on the live broadcast platform operated by the defendant and recharged more than 40,000 yuan in eight days to buy virtual gifts and reward on the live broadcast platform. After the "East window incident", Xiao Liu's guardian sued in the name of Xiao Liu, asking the court to confirm that the recharge behavior of the plaintiff Xiao Liu at the defendant was invalid and ordered the defendant to return the recharge. The court held that the plaintiff was a minor and that his high recharge was not commensurate with his identity, age and financial situation. Finally, after being presided over by the court, the parties reached a settlement and the defendant agreed to return the recharge of the plaintiff.
"in order to avoid the anti-addiction measures and consumption restrictions of the platform, minors often register and log in with the accounts of guardians or other adults, and some delete verification text messages after consumption to prevent them from being discovered. Some also buy adult accounts and recharge services through online shopping platforms. " Jiang Ying said that minors bypass regulatory and certification measures, causing them to spend far more time using online entertainment than the state requires minors to use the Internet reasonably, and it will also lead to Internet addiction.
Some platforms let it go.
The Beijing Internet Court pointed out that cases involving minors involve online games, live streaming, online video, online social networking, e-commerce and other platforms, and the case reflects that some relevant market subjects still need to improve the technical measures for the protection of minors, identity verification, information content construction, complaint handling mechanism, and so on.
For example, in the aspect of identity authentication, the identity verification mode of some network service providers is relatively single, and there is a lack of dynamic verification other than collecting personal information. Some Internet service providers still give laissez-faire to their recharging behavior after they may know that users are minors, while some online service providers provide game account purchase, recharging and other services on e-commerce platform. in fact, it is convenient for minors to bypass the anti-addictive measures of online games, and the e-commerce platform is ineffective in supervising this.
According to the report, in recent years, cyber bullying involving minors and infringement of personal information, privacy and other personality rights have attracted increasing attention. In the cases tried by the Internet Court in Beijing, minors have both victims and perpetrators of the above-mentioned torts. Some minors attack each other on the Internet because of contradictions in school, exposing portraits of others or committing verbal violence to others on short video platforms and social platforms. Some parents of minors criticize other students with radical remarks in the class group because of the contradictions between their children and classmates.
The reporter learned that under the influence of the "rice circle culture", some minors are keen on irrational star-chasing behaviors such as ranking, controlling and evaluating, and opposing each other, and the problem of anomie of online speech is more prominent. For example, in the case of the infringement of the reputation rights of a star, there are minor defendants who use obviously extreme remarks to abuse the plaintiff and attack them personally. In the infringement cases of minors' personality rights, it reflects that minors and adults have the problems of lack of network literacy and lack of awareness of protection.
"in cases involving minors, most of the parties showed a strong willingness to mediate and achieved remarkable results in settling disputes." Jiang Ying said that the Beijing Internet Court has established a priority mediation mechanism for juvenile cases and strengthened the whole process of mediation, with the proportion of parties mediating or settling on their own under the auspices of the court reaching 74.6%.
Multi-party efforts to strengthen protection
According to the Statistical report on the Development of the Internet in China, by the end of 2020, the number of Internet users in China has reached nearly 1 billion, the number of Internet users among minors in China has reached 183 million, and the Internet penetration rate of minors has reached 94.9%.
How to strengthen the network protection of minors? Jiang Ying suggested that parents, schools, relevant market players and relevant departments should earnestly shoulder their responsibilities.
Parents should improve their network literacy, guide minors to correctly use Internet protection software and intelligent terminal products, manage personal electronic devices and payment accounts, earnestly perform guardianship duties, and create a good family environment for network use.
Relevant market entities should strictly implement the requirements of laws and regulations, actively improve the deficiencies in technical measures, identity verification, content management and complaint handling, and actively provide network products and services that adapt to the laws and characteristics of minors' physical and mental health development.
Schools should strengthen network literacy education for minors, strengthen communication with parents, and properly handle campus disputes.
The relevant departments should further strengthen the performance of their functions, formulate relevant teaching indicators for network literacy, and clarify the relevant technical standards or requirements of minors' online protection software and intelligent terminal products specially for minors' use. determine as soon as possible the specific types, scope, judgment standards and hints of information that may affect the physical and mental health of minors.
It is understood that the Beijing Internet Court attaches great importance to the protection of minors, adheres to the direction of professional development of juvenile trials, and set up the country's first Internet juvenile court in May 2021 to focus on hearing network disputes involving minors.
At present, the Beijing Internet Court has formulated and issued the "opinions on strengthening the Internet Judicial Protection of minors", put forward development plans in various directions, and comprehensively strengthen the level of network protection of minors. Around the network judicial protection of minors, create a brand of "first mutual future", create a "first mutual future" virtual conversation room for minors, and use a soft scene to ease the tension and anxiety that may arise when the parties are questioned by the court. At the same time, through a variety of ways, such as judging according to law, putting forward judicial suggestions, establishing a talent bank of vice principals under the rule of law, and issuing family education guidance orders, we should adopt a multi-pronged approach to guide the main bodies of the whole society to enhance the awareness and level of minors' network protection.