Who bears responsibility when a member of an internet celebrity group is injured? Lawyer interprets legal risks and rights-protection paths in performance cooperation
Lead
Recently, a livestream group called "Westward Journey Heroes" has rapidly gained popularity online, amassing five million followers in a short period and becoming a phenomenal topic in the livestream industry. However, behind the glamorous traffic, an old piece of news was dug up by netizens: the performer playing "Tang Seng" in this group was once unfortunately dropped by a companion playing "Disciple" during a performance, resulting in a fracture. This incident has sparked widespread discussion: in collaborative scenarios such as livestreaming and performances, once personal injury occurs, who bears the responsibility? Is it the individual, the team, or the platform? How should the injured party protect their rights? As a lawyer, I believe it is necessary to clarify these relationships from a legal perspective and provide clear guidance for practitioners in the entertainment industry as well as the general
I. Event Review: Legal Implications from "Gaining 5 Million Followers" to "Breaking Bones in a Fall"
"Journey to the West Heroes" quickly accumulated a large fanbase thanks to its creative livestream content, and its prospects seemed bright. However, the injury of "Tang Seng" exposed the legal risks commonly lurking behind internet celebrity teams during rapid development. According to reports, the member was accidentally dropped by a "disciple" during a performance interaction segment, resulting in a fracture
From a legal perspective, this incident primarily involves the issue of compensation for personal injury. According to Article 1165 of the Civil Code, if an actor causes damage to the civil rights and interests of others through fault, they shall bear tort liability. If the "apprentice" was negligent during the performance, such as making errors in movements or failing to pay attention to safety, then the apprentice may personally bear the primary compensation liability. However, if the performance activity was organized by a team or company, and the actions of the "apprentice" constituted performance of work duties, then according to Article 1191 of the Civil Code, the employer shall bear tort liability.
Furthermore, the incident also reflects the importance of contract terms in entertainment collaborations. Many internet celebrity teams initially rely on verbal agreements or gentleman's agreements, lacking clear written provisions on responsibility division, risk bearing, and insurance arrangements. Once an accident occurs, disputes are highly likely to arise.
II. Analysis of Responsible Subjects: The Legal Roles of Individuals, Teams, and Platforms
In the "Tang Seng" injury incident, the liable parties may involve multiple levels. First is the direct infringer, the "disciple," and whether their behavior constitutes negligence is key. If they were aware of the risks of the action but failed to take protective measures, they must bear fault liability.
Next, there is the team or agency. If a company operates behind "Journey to the West Heroes Gathering" and there is an employment or labor service relationship among the performers, then as the employer or the party receiving labor services, the company must bear liability for damages caused by its employees or the party providing labor services, in accordance with Article 1191 or Article 1192 of the Civil Code. At the same time, if the team fails to fulfill its safety guarantee obligations, such as failing to provide safety training or protective equipment, then under Article 1198 of the Civil Code, the operator or organizer must bear supplementary liability.
As for live streaming platforms, they usually do not directly participate in offline performances, but if the platform knowingly or should have known that the live content posed a high risk and failed to take measures, it may bear corresponding liability. However, platform liability is often difficult to establish and depends on whether it has fulfilled its duty of reasonable care.
III. Application of Law and Judicial Practice: From Work-Related Injury to Tort
The "Tang Seng" injury incident may also involve work-related injury recognition. If the actor signed a labor contract with the company, and the injury occurred during working hours and at the workplace, then according to Article 14 of the Regulations on Work-Related Injury Insurance, it should be recognized as a work-related injury, with the work-related injury insurance fund and the company bearing the corresponding benefits. However, in practice, many internet celebrity artists are engaged in flexible employment or labor service relationships, making it difficult to recognize work-related injuries, and they can only pursue compensation through the path of personal injury damages.
In judicial practice, when courts handle similar cases, they focus on examining the nature of the legal relationship between the parties, the degree of fault, and the scope of losses. For example, in a case where a guest was injured on a variety show, the court found that the production party failed to fulfill its safety protection obligation and ordered it to bear 70% of the compensation liability. In another performance accident, because the performer voluntarily participated in high-risk acts, the court found that the performer bore partial responsibility and applied the principle of contributory negligence.
Therefore, when injured actors seek to protect their rights, they need to collect evidence, including medical records, on-site videos, contract documents, etc., and clearly assert tort liability or liability for breach of contract. Lawyers suggest that before litigation, negotiation should be attempted first, and only if negotiation fails should legal action be taken, in order to reduce time costs.
IV. Legal Risk Prevention: A Required Course for Internet Celebrity Teams and Performing Artists
Facing the rapid iteration of the livestreaming industry, influencer teams must pay close attention to legal risk prevention. First, teams should establish a standardized contract system, clearly defining each member's role, compensation, division of responsibilities, and insurance terms. For example, they can stipulate the liability for compensation and sharing ratios in the event of accidental injuries, to avoid disputes after the fact.
Secondly, purchasing commercial insurance is an effective means of spreading risk. The team can insure its members with personal accident insurance, performance liability insurance, etc., so that in the event of an accident, the insurance company will provide compensation, reducing the financial pressure on individuals and the team.
For individual performing artists, they should strengthen their legal awareness, review contract terms before joining a team or participating in activities, and consult professional lawyers if necessary. At the same time, keep all relevant communication records as evidence for future rights protection.
In addition, platforms and event organizers should also fulfill their safety protection obligations, formulate emergency plans, and ensure performance safety. Lawyers remind that the safety protection obligations stipulated by law are not vague, but require practical measures such as safety inspections, risk warnings, and on-site first aid.
"V. Legal Inspiration and Advice from Lawyers"
"Journey to the West Elite Gathering" gaining 5 million followers is a success story in the internet era, but the "Tang Monk" fracture incident also sounds an alarm for all practitioners: no matter how much traffic one has, legal risks cannot be ignored. The law is both a weapon to protect rights and a yardstick to regulate behavior.
For ordinary people, this incident reminds us that in any cooperation or participation in activities, we should pay attention to our own safety and the division of responsibilities. If unfortunately injured, one should promptly preserve evidence, consult a lawyer, and protect their rights in accordance with the law.
Guangdong Zhiming Law Firm has long focused on legal services for emerging business models such as entertainment and livestreaming, and has provided contract review, risk prevention, and dispute resolution support for numerous artists and MCN agencies. If you encounter difficulties in performance cooperation, personal injury, or contract disputes, you are welcome to contact our professional legal team. We will address your concerns from a professional perspective.
