3 executives paid to delete the post of the trial said the deletion is the unspoken rules

Absrtact: Yesterday, the accused Yang (left) and Li Jinfu (left) were brought to court for the crime of illegal operation. For Xinhua Insurance, Bi Garden and other companies paid to delete negative information, Beijing Word-of-mouth Interactive Marketing Planning Co., Ltd. (abbreviation


yesterday, as a result of a paid deletion of suspected illegal operation of the crime, the accused Yang (left), Li Jinfu (left second) was brought to court for trial.

For "Xinhua Insurance", "Country garden" and other companies paid to delete negative information, Beijing Word-of-mouth Interactive Marketing Planning Co., Ltd. (referred to as word-of-mouth interaction) three persons in charge of the crime of illegal business, yesterday in Chaoyang Court trial.

According to the introduction, they are following the network of the big rumor "stand two demolition Four", "Qin Fire Fire", in the Ministry of Public Security crackdown on the network of special actions under the accused.

210,000 "shovel" negative news

The case was heard yesterday at the two-storey Supreme Court of the Chaoyang Court, with four prosecutors and four defense attorneys in uniform. The defendant units for Word-of-mouth interaction, the accused for Yang, Li Jinfu, Yang Sheping. Li Jinfu is the legal representative of Word-of-mouth interaction, Yang, Yang Sheping are general manager and PR director respectively.

The public prosecution authorities accused, Word-of-mouth interaction from 2012 to 2013 repeatedly provided a paid deletion of information services, operating amount of more than 210,000 yuan. Among them, successively in April 2012, July 2013 and Zengcheng Property Development Co., Ltd. (Garden) signed a contract for the company to delete the Internet negative information services, respectively, charge 98,100, 30100 yuan; in May 2013 with Xinhua Life Insurance Co., Ltd. ( "Xinhua Insurance" signed a contract to provide paid to delete the service, a fee of 90,000 yuan.

In the opinion of the public prosecution organ, the defendant company disturbs the market order, the three defendants organize, plan, implement and directly participate in the illegal business activities, which violates the criminal law and should be prosecuted for the crime of illegal operation.

The defendant asserts that the deletion of the post is the unspoken rule

At the trial scene, three defendants unanimously expressed "guilty". "The deletion of the business is a special environment under the industry unspoken rules, is a bad social atmosphere," Li Jinfu said, did not know that paid to delete the post is a crime, until the relevant judicial interpretation after the introduction of their knowledge.

Prosecutors suggested a fine for word-of-mouth interaction, with three defendants sentenced to five years ' imprisonment and a fine.

In the opinion of the defender, the "Post-Deletion" act of the company is an additional service provided to the individual customer at the request, and it is preceded by the "two high" September 9, 2013 "Interpretation of the application of the Law on the use of information networks in criminal cases such as defamation", It is stated that the defendant company has no intentional crime in this case. The accused actively cooperated with the public security organs investigation, voluntarily turned over the restitution involved in the money, hope that the court will be sentenced.

The case was not pronounced in court.

Link

September 9, 2013 "Two High" issued "on the use of information network to carry out defamation and other criminal cases of the application of law," the interpretation of the provisions, in violation of state regulations, for the purpose of profit through the information network to provide the deletion of information services, or knowingly is false information, through the information network paid to provide Disrupting the market order, which is one of the following circumstances, is an illegal business conduct "serious circumstances", in accordance with the provisions of the criminal law, the crime of illegal business conviction and punishment.

(a) The amount of illegal operation of an individual is more than $50,000 or the amount of illegal income is more than 20,000 yuan, and (b) the amount of illegal business is more than 150,000 yuan, or the amount of illegal income is above 50,000 yuan.

Secret

2013, in the national public security organs focused on the suppression of the network has organized the spread of rumors and other special actions, the network of the big ballad "Li-Yang Xiuyu" (real name), Qin (real name Qin Zhihui) are controlled, some of their media companies, network editors are also difficult to escape the criminal responsibility. Among them, Word-of-mouth interaction is alleged to collude with some intermediary and website staff, engaged in the payment of the deletion of information services illegal operation of criminal activities. With the Yang Xiuyu, Qin Zhihui and Word-of-mouth interaction, and other cases of trial, slowly revealed the company paid to delete the insider.

1 Pull Customers

Monitor negative information to alert customers

Public Praise Interactive legal advisor Zhang introduced, the company was founded in 2007, 2013 before the crime of development to nearly 200 employees, mainly serving more than 40 large and medium-sized enterprises. The company's operating income for the period of 103 million yuan, the involvement of more than 210,000 yuan to delete the profits accounted for only 0.2% of the total operating income.

What caused the company to begin to engage in the post-deletion profit? Defendant Yang said that he acted as general manager, responsible for strategic planning, customer development and other work, the company for customers to do brand building, content impact and other services, network information will be monitored, scanned, the positive information reported to customers. Negative information to remind customers to focus on, solve.

Service, the customer began to propose to delete the negative news requirements. Yang said that 2008 China's Internet marketing services just beginning, and this period is also a period of negative information on the Internet, some customers believe that the network does not report the impact of reputation, I hope the company for their rights, to deal with these problems. After accepting the entrustment, the company will write a letter, call to the website to reflect the problem, but some website reaction is not positive, can not reach the effect of eliminating negative effect, the company will entrust a third person to delete the post that cannot be undone.

As the market demands, they explore the pattern of paid deletion.

2 "PR"

Delete more performance High pay PO Checkout

If the customer has proposed the deletion request, this activity is entrusted to the Public relations department which Yang Sheping the responsibility to "the PR".

According to the public Praise Interactive Vice president and other staff testimony, the company formally began in 2011 paid to delete, the cost of the company has a clear stipulation, the general deletion of NetEase and other large portal site negative news to 3,000 yuan, small site is about 1000 yuan.

Confirm Delete post, Yang Sheping and subordinate staff to find web site editor or intermediary delete posts, and then link, delete time and other information summary form to Yang signature draw charges. "The company generally with customers want more money, to delete the cost of less people, the company mainly earn the difference," an employee said, he went to work in general one day to delete more than 20 posts, delete posts more performance higher. such as a deletion of 3 posts, he gave the intermediary or edit 1000 yuan about the cost, mostly through Alipay checkout.

3 Find an intermediary

Commissioned to delete posts intermediary "Public relations group" to find resources

Yang Sheping In addition to directly to find the Web site editor to delete posts, but also with "way wide" intermediary contact.

Word of mouth in the interactive case of an intermediary responsible for the deletion of the post, he has a "public relations group", such as Yang Sheping and other people to find him to delete the post, he did not delete the post of the ability to find the group can delete the post, he earned the difference.

In the case of Yang Xiuyu, the legal representative of Beijing electrons Cultural Media Co., Ltd. Zhao MoU had between October 2010 and August 2013, for the purpose of profit, for the Yang Xiuyu of the two companies to provide paid Delete service. He deleted the manuscript is also rely on network resources, such as the deletion of a negative post Yang Xiuyu company to 500 yuan, he extracted 100 yuan, the rest to the specific deletion of the post.

4 charge.

Customer pays tens of thousands of per month for regular payments

Negative information deleted, Yang Sheping and other people will delete the link, time and cost summary into a form, to Yang and other responsible person signing charges. According to Yang's testimony, bi gui yuan, Xinhua insurance companies to sign the contract have to delete the request, regular payments to the company.

Yang Sheping testimony, the company monthly payment intermediary, editor, such as the deletion of the business paragraph of a hundred thousand of, to the customer charges are higher. Among them, Bi garden respectively in 2012 to the end of 2013 spent nearly 130,000 to delete more than 200 negative information, Xinhua insurance every month of the deletion fee of 30,000 yuan.

Beijing News reporter learned that in the case of Word-of-mouth interaction, for the company to help delete the intermediary zhizhenbiao for the crime of bribery of non-state workers, received money to delete a website technology staff Zhao MoU for bribery of non-state personnel, have been sentenced in October 2014. Chaoyang court sentenced Zhizhenbiao to a prison sentence of 4 months a year, Zhao a prison sentence of 1.5, the two were not appealed.

Paid deletion of the persons involved

Li Jinfu

Public Praise Interactive legal representative

Yang

Word-of-mouth Interactive General Manager (responsible for strategic planning, customer development and other work, encountered negative information to remind customers concerned about, solve)

Yang Sheping

Public praise interaction Director of public relations (Customer proposed deletion of the request, Yang Sheping and subordinates to find web site editor or intermediary delete posts)

Site

Edit

Directly paid to delete the post.

Intermediary

Find people who can delete posts in the PR group.

Costs

Company regulations, to help customers delete the portal site negative news to 3,000 yuan, small site is about 1000 yuan. The company to delete the person's fee is relatively small, the main profit difference.