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recently, mr. yang, a citizen of xi'an, reported to huashang all media that his child gave gifts to a live broadcaster through a live broadcast platform. after being discovered, he applied for a refund. the platform said that it could not prove whether the consumption and recharge were done by a minor, so it refused to refund.

events

boy uses grandma's phone to watch live broadcast and give tips

after the parents found out, they encountered difficulties in refunding the fees.

mr. yang told the huashang daily dafeng news reporter that his 11-year-old son watched live broadcasts on wechat video account on the night of august 8 and 9 using his grandmother's mobile phone. he recharged 7,198 yuan to buy a virtual currency called "wechat beans" and then gave all of it to the anchors. "we didn't find out about this until the 10th, and we quickly applied for a refund on the platform and contacted the anchors."

photo provided by the interviewee

the reporter saw in the chat records between mr. yang and the anchors that most of the anchors did not respond to mr. yang’s request for a refund. one of the anchors said that the money had been transferred to tencent and that he needed to apply for a refund from the company.

"i applied for a refund through tencent's parent service platform for minors on wechat and submitted my child's identity information and guardian information, but i received feedback a few days later and was told that my application did not meet the refund conditions," said mr. yang.

regarding mr. yang’s experience, on september 5, a reporter from the huashang daily dafeng news called wechat pay customer service and the service hotline for parents of minors, but neither call went through.

however, tencent technology responded to mr. yang in a message saying: "we have received your feedback on the irrational consumption of minors. based on the game account you authorized and the information you submitted, we are unable to determine whether the consumption and recharge were made by a minor. this application cannot be accepted. we recommend that parents pay attention to the safekeeping of password information to avoid financial losses."

related cases

it is impossible to prove that the minor made the top-up purchase without the knowledge of the parents.

the court did not support the refund request

from february to april 2016, xiaoya (pseudonym), an underage girl, became addicted to a live broadcast platform while studying abroad and gave a live broadcaster more than 650,000 yuan in tips within three months. after her mother, ms. liu, found out, she sued the live broadcast platform in her daughter's name and demanded the return of the tips.

during the trial, the live broadcast platform argued that the account involved was registered using ms. liu's id number, that there was no contractual relationship between the company and ms. liu's daughter, and that the account used wechat and alipay for payment, and the receipt showed that the account holder was ms. liu, so the consumption behavior should belong to ms. liu.

after trial, the court held that the account involved and the recharge account were all owned by ms. liu. the wechat chat records between xiaoya and ms. liu were not sufficient to prove that xiaoya logged in and recharged without ms. liu's knowledge. therefore, xiaoya should bear the legal consequences of failure to provide evidence. xiaoya's request to declare the contract invalid and return the money and interest was insufficiently supported by the court.

judge's opinion

to prove that minors have topped up and rewarded, it is necessary to determine whether the live broadcast content and reward frequency meet the characteristics of minors.

when minors and their parents use the same online account, and the live broadcast content for reward does not have obvious youthful characteristics and does not have the operation preferences of minors, it is difficult to define who the real rewarder of each payment is. the court can generally only decide the amount that the platform should return.

cao yu from the guangzhou internet court said in an interview that for cases involving recharge and reward by minors, the first fact that needs to be ascertained is whether the corresponding recharge and reward behavior was carried out by minors.

how to prove that the recharge and reward behavior is done by a minor? cao yu said that in judicial practice, judges mainly judge through the following aspects: first, whether the time of relevant operations such as login, recharge, and reward behavior is in line with the normal work and rest rules of minors, and whether the amount and frequency of rewards are closer to the psychological characteristics of minors; second, whether the live broadcast content watched when rewarding is in line with the characteristics of minors; third, whether the relevant words and deeds of the user in the live broadcast room are in line with the characteristics of minors; fourth, the consumption of the relevant payment account before and after the live broadcast reward; fifth, the statement of the relevant facts by the minor. the combination of the above facts is helpful to determine the actual implementer of the corresponding behavior.

huashang daily news reporter bai zhongxia intern shi fangqi k25