Kick face potential $49,000,000 fine after French streamer dies live on air
Warning: This article contains allegations of violence which some readers may find distressing.
The intense controversy surrounding the death of popular French streamer Raphaël "Jeanpormanove" Graven could leave live streaming platform with a significant fine potentially reaching up to $49,000,000.
While Raphaël Graven's tragic passing is far from the first time that live streaming has ventured into extreme territories, as similar Black Mirror-esque displays of torture have been popularized on rival platforms, the culmination of this particular incident is what has garnered international concern.
Raphaël Graven, who goes by the moniker 'Jeanpormanove' on live streaming platform Kick, had been part of a horrific ten-day 'torture' stream that eventually saw the creator die in his sleep while live on air.
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During this stream he was forced to endure extreme violence, ingest toxic products, and experience sleep deprivation, and while the official autopsy report alleges that these events were not directly linked to Graven's death, it has raised significant concern across social media and beyond.
One heartbreaking message he sent to his mother reveals that he felt as if he was being 'held hostage' on the stream, and that he was 'fed up' of what he had to endure across the lengthy period.
Now, investigations have opened up into the circumstances that led to Graven's death – with French government minister Clara Chappaz calling the events an 'absolute horror' – and Kick could be liable for penalties reaching up to $49 million, as reported by Dexerto.
While the investigation is ongoing in Graven's native France, Kick's official residence in Australia means that Chappaz and French officials have limited power to deal repercussions to the streaming platform.
That's where the Australian government come in though, as the country's eSafety Commissioner has announced the launch of a new investigation into the company that could leave it with a hefty fine, as per the Sydney Morning Herald.
"This is a tragic case where someone has lost their life, and underscores how the creation of more extreme content, in this case involving actual violence, can have devastating, real-world consequences," outlined a spokesperson for the commissioner.
"eSafety will use the full range of our enforcement powers as appropriate where there is non-compliance, which can include seeking penalties of up to AUD $49.5m."
That AUD $49.5 million ($32,093,325) figure is the top level at which the government can hand out though, so there's not a guarantee that Kick is forced to pay the full fine — if it is even deemed that the company was liable for penalties.
Kick's current guidelines indicate that it prohibits "content that depicts or incites abhorrent violence including significant harm, suffering, or death," and the streamers involved in the 'torture' broadcast have also been banned.
However, the eSafety Commission still believe that not enough is being done by Kick to prevent these violent incidents from taking place, likely due to the lengthy nature of the stream that ended with Raphaël Graven's tragic demise.
In a statement to the Guardian, a spokesperson for the commission outlined that "platforms like Kick need to be doing more to enforce their own terms of use and minimise harmful content and conduct in streams to protect all users of the service."
It's little good having the guides that prohibit 'acts of abhorrent violence' if it's not actually enforced on the platform, and that has unfortunately led to significant controversy and potentially even loss of life.