On December 4, the law enforcement team of the Shanghai Municipal Bureau of Culture and Tourism said that it had asked the organizers to cooperate with the investigation in accordance with the "Regulations on the Administration of Commercial Performances", and would respond to the concerns of netizens in a timely manner after the relevant situation was verified in accordance with the law.
What laws and regulations have singers violated by lip-synching at concerts, and what consequences will the organizers and singers bear?How should consumers defend their rights when they encounter lip-syncing concerts, and what kind of compensation will they get?The reporter interviewed Xu Hao, a lawyer at Beijing Jingshi Law Firm, on this issue.
The organizer can be fined up to 100,000 yuan
Lawyer Xu Hao said that at the level of administrative regulations, the singer's fake singing at the concert violated the relevant provisions of the "Regulations on the Administration of Commercial Performances".
First of all, according to Article 28 of the "Regulations on the Administration of For-profit Performances", actors must not deceive the audience with fake singing, and the performance organizer must not organize actors to fake sing. No unit or individual may provide conditions for lip-syncing. The unit holding the performance shall appoint special personnel to supervise the performance to prevent the occurrence of lip-synching.
Secondly, according to Article 47 of the Regulations on the Administration of For-profit Performances, the act of deceiving the audience by lip-synching shall bear civil liability and administrative liability. The audience has the right to request the organizer of the performance to compensate for the losses in accordance with the laws and regulations on the protection of consumer rights and interests after leaving the venueThe performance organizer may recover compensation from the responsible theatrical performance groups and performers in accordance with law. The county-level people's ** cultural department shall impose a fine of between 50,000 yuan and 100,000 yuan.
In addition, if conditions are provided for actors to sing falsetto, the county-level people's ** cultural department shall impose a fine of between 5,000 yuan and 10,000 yuan.
Lip-synchs may be boycotted by the industry
Lawyer Xu Hao believes that in terms of industry self-discipline, singers who fake sing at concerts also violate the "Measures for the Self-Discipline Management of Performers in the Performance Industry", and once they are found to have violated the practice norms, they may face different degrees of industry boycotts.
First of all, according to Article 8 of the Measures for the Self-Discipline Management of Performers in the Performance Industry, entertainers shall not deceive the audience by means of fake singing or fake performance in commercial performances, or perform in a manner that violates ethics and morals and violates public order and good customs to attract the audience.
Secondly, according to Article 15 of the Measures for the Self-Discipline Management of Performers in the Performance Industry, the China Performance Industry Association shall, according to the evaluation results of the Ethics Construction Committee, supervise and guide member units to implement self-discipline and punishment measures within the industry, including: criticism and educationCancel the qualifications to participate in various relevant competitions, commendations, awards, and subsidies in the industry;According to the severity of the circumstances and the degree of harm caused by the performers' violations of the professional norms, different degrees of industry boycotts are to be implemented for 1 year, 3 years, 5 years, and permanentlyCoordinate with other industry organizations to carry out cross-industry joint disciplinary action.
In addition, members or individuals of the China Performance Industry Association shall not invite or organize entertainers who are in the boycott period to participate in various activities in the performance industry, nor shall they provide them with other publicity, promotion and other conveniences.
Concert lip-syncing is consumer fraud
At the level of civil law, lawyer Xu Hao saidSingers lip-synching at concerts is a consumer fraud, and consumers can ask the organizer to "refund one and pay three"."Consumer fraud refers to the use of false or other improper means by business operators to deceive or mislead consumers in the course of providing goods or services, causing harm to the legitimate rights and interests of consumers. ”
According to Article 55 of the Consumer Rights and Interests Protection**, if a business operator commits fraud in providing goods or services, it shall, at the request of the consumer, increase the compensation for the losses suffered, and the amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving the service;Where the amount of increased compensation is less than 500 RMB, it is 500 RMB.
Lawyer Xu Hao said that if consumers find that the performer is singing falsetto when watching the concert, they can contact the organizer or the ticketing platform for negotiationIf the problem is not resolved, you can file a complaint with the local consumer protection agency, such as the consumer association, the consumer rights protection committee, etc., or report it to the local cultural management department. In addition to the above-mentioned rights protection methods, a lawsuit can also be filed with the people's court to require the organizer or actor to bear the corresponding compensation for breach of contract and fraud.
Lip-synching is not a crime of fraud
Some netizens said that concerts generally involve a large number of people and huge ticket fees, and if the singer pretends to sing at the concert, it is a fraud. In this regard, lawyer Xu Hao believes that the crime of fraud is the act of fabricating facts and defrauding the other party's property for the purpose of illegal possession, but concert fake singing is a singer who deceives the audience by means of fake singing in a live performance, which is a civil fraud and a breach of contract, and does not involve a criminal offense.
**: Beijing** client Reporter: Zhang Yu