On The Administrative Law Regulations Of Online Live Broadcasting Platforms

Since the development of the webcasting industry,a live streaming mode using webcasting platforms as the medium has been formed.In this ecosystem,the webcasting platform plays a vital role.Without the operating unit of webcasting,the webcasting industry is impossible to talk about.For the rapid development of the mode and operation of the online live broadcast platform,my country’s administrative organs have formulated a large number of administrative normative documents for administrative regulation,but they are still unable to solve many of the current problems of high concentration and high concern.The research purpose of this paper is to explore whether the problem of focusing on the actual webcasting under the new situation can be regulated by the current webcasting administrative regulations,explore the loopholes of the current webcasting regulations through the problems,improve the current webcasting administrative regulations,change the webcasting supervision concept,and form A set of unique administrative regulation system in line with national conditions and complete in order to cope with the rapidly developing webcasting platform.Through the cross-reading of the characteristics,development history and future development trend of the online live broadcast platform,as well as the reading of a large number of materials,combined with the current legislative status of the administrative regulation of online live broadcast,it is found that the supervision mode of online live broadcast at this stage is relatively backward and is no longer suitable for At this stage,the supervision of webcasting cannot promote the continuous development of the webcasting industry.The main problem is that the supervision concept is poor first,or it is an administrative-led supervision mode.Supervision has formed multi-level supervision,real-time supervision in the event lacks industry autonomy,and post-event supervision only emphasizes administrative penalties and responsibilities,without fault-tolerant mechanisms and remedial measures,ignoring the rights protection of online live broadcast-related practitioners and platforms;The administrative norm system of live broadcast platforms is not perfect,mainly due to the lack of unified management regulations for online live broadcast platforms,and the legislative level is too low to be standardized nationwide.The law guides online live broadcast platforms to carry out self-discipline management.Thirdly,there is a lack of principled regulations to fill the lag and legislative gaps in online live broadcast regulation,which makes it impossible to supervise once a new live broadcast mode appears.Thirdly,the administrative regulations of online live broadcast platforms are not perfect.,the lack of collection procedures for illegal evidence,the lack of legislative supervision of third-party payment institutions and training institutions such as MCN,and the emergence of regulatory loopholes;finally,the regulatory body of the online live broadcast platform is unreasonable,and there is no unified regulatory body,resulting in various legislative bodies based on Its own regulatory scope,regulatory interests,and the need to expand regulatory power have resulted in overlapping legislation and repeated regulation,which hindered the development of webcasting to a certain extent.This article summarizes the improvement of the current administrative laws and regulations for online live broadcasts through the domestic and foreign legislative situation and current problems.The first is to change the supervision concept,form the relaxation of supervision beforehand,focus on industry self-regulation during the event,and give priority to relief treatment in time.At the same time,a unified online live broadcast supervision law was promulgated,a unified online live broadcast industry association was established,and an administrative supervision system of administrative regulations departmental regulations local regulations-industry self-discipline conventions was formed;secondly It is to introduce a series of laws such as the monopoly law and tort law to guide the healthy competition of online live broadcast platforms,guide netizen to form a good online social order and public opinion environment,and make the online live broadcast platform develop healthily.A third-party agency conducts legislation to form dual supervision;formulate a program screening mechanism for different age groups,protect minors,establish an appropriate principled law for administrative supervision,and form a model of self-discipline and administrative support.Further regulation may appear in the future.It establishes a content classification system,regulates the application of its relevant laws and regulations to various types of live broadcasts,establishes a unified joint agency for supervision,and improves the joint agency’s law enforcement procedures and relief procedures.Improve the administrative supervision of webcasting.