An adult married woman rewarded the male anchor with nearly one million, and the two parties also developed into a "lovers" relationship ......Recently, the Tianjin No. 3 Intermediate People's Court properly heard a dispute over the return of adult live broadcast tips, and ruled that the anchor should return half of the proceeds to the appellant.
Yang and his wife Gao registered their marriage on June 9, 2011, and the two run a restaurant together. During this period, Sun used various words to induce Gao to swipe gifts and give rewards in the live broadcast room.
Porsche, you dot above", "Pink Carnival", "520 Red Envelopes", "do our best to protect you, tolerate you, make you happy" ......The screenshots of the chat records between Sun and Gao are filled with a large number of inducements and exchanges between anchors and fans that exceed the normal level.
According to the record of Gao sending virtual props to Sun provided by a live broadcast platform, Gao used his two accounts registered on the live broadcast platform to send virtual props to Sun a total of 18,293 times from July 10, 2022 to April 21, 2023.
According to statistics, Gao sent virtual props in Sun's live broadcast room before and after to reward and convert ** RMB to more than 920,000 yuan. After her husband Yang discovered that the money was abnormal, he filed a lawsuit on the grounds that Gao had violated the duty of fidelity of the husband and wife and disposed of the joint property of the husband and wife without authorization, demanding that the anchor return more than 450,000 yuan of income.
The court of first instance found that the performance of the network service contract involved in the case had been completed and that there was no defect in validity or invalidity, and ruled to reject all of the plaintiff Yang's claims. Yang was dissatisfied and appealed to the Tianjin Third Intermediate People's Court.
Yang asserted that Gao's recharge of money to a live broadcast platform was the use of the joint property of the husband and wife. At the same time, Yang submitted WeChat chat records between Gao and Sun from January 14, 2023 to April 22, 2023, claiming that there was an improper relationship between Gao and Sun. The court was requested to confirm that Gao's gift to Sun was invalid, and Sun should return more than 450,000 yuan of the proceeds from Gao's reward.
On the other hand, Sun recognized that Gao could get more than 450,000 yuan for sending virtual props. However, he believes that the interaction between anchors and fans does not violate public order and good customs. Gao's act of topping up orders and tipping the live broadcast platform is the consideration of the payment network service contract, which is essentially an act of entertainment consumption, not an act of gift.
The Third Intermediate People's Court of Tianjin Municipality held that the focus of the dispute in this case was how to determine the legal nature and effectiveness of online live streaming tips.
The court held that the audience and the anchor independently registered and signed contracts through the live broadcast platform, respectively, and became their users and live broadcast service providers. The live broadcast platform takes the live broadcast service as one of the service contents it provides to the audience, and opens it to the audience, and the audience independently chooses the live broadcast content of a specific anchor according to their personal preferences, and forms a specific network service contract relationship between the three. Viewers generally do not need to pay or reward in the live broadcast services provided by the **live broadcast platform. The virtual currency used by the audience to reward the anchor during the live broadcast is purchased by the audience after recharging to the live broadcast platform, and the virtual currency obtained by the anchor through the user's tipping is not the money he directly obtains, both of which rely on the organization and settlement of the live broadcast platform, and there is no direct payment exchange between the two. Based on the audience's love and admiration for individual anchors, the use of virtual props to reward will not only produce a different special effects experience, but also obtain the specific performances, special attention and other audience recognition of the anchor invited by the anchor, self-psychological satisfaction, etc., and may also obtain value-added services provided by platforms such as account upgrades and becoming live room administrators. Therefore, the audience's behavior of broadcasting live through the live broadcast platform ** and rewarding the anchor is of a consumer nature. The court of first instance held that the live broadcast tipping was a network service contract, and that it had been performed and handled correctly.
Although Gao's live broadcast tipping is a consumption behavior in the online service contract, his offline meeting with Sun and interacting as a lover broke through the normal interactive relationship between the anchor and fans, violated social public morality and good customs, and the amount of tips he gave to Sun based on extramarital emotional interactions has been significantly higher than the normal level of online entertainment consumption. At the same time, Sun clearly knew that Gao's marital status was married, but he interacted with him as a lover and invited him to give a reward, which was also at fault. Now, as the other party to the husband and wife, on the grounds that Gao violated public order and good customs and disposed of the joint property of the husband and wife without authorization, he requested that the reward be confirmed as invalid, and requested that Sun return the property, and partially support it as appropriate.
In accordance with Article 176 and Article 177, Paragraph 1, Item 2 of the Civil Procedure Law of the People's Republic of China, the Tianjin Third Intermediate People's Court ruled that Sun should return half of his income of more than 220,000 yuan to Yang within 10 days.
Rule of law**).