Before posting the best to think about infringement?

Absrtact: Experts point out, whether it is published by the website itself, or the Netizen publishes through the forum, you have the right to request the website to delete, disconnect the link. If the website refuses to perform, you can sue the website and hold it accountable.

The "Tort Liability Law", which is formally implemented tomorrow, establishes two rules on "network infringement": First, the prompt rule, that is "Internet users use network services to implement tort, the infringed person has the right to notify the network service provider to take delete, shielding, disconnection links and other necessary measures."

If the network service provider fails to take the necessary measures in time after receiving the notice, the extended part of the damage and the network user shall be jointly and severally liable. The second is the knowledge of the rules, that is, "Network service providers know that network users use their network services to violate the civil rights and interests of others, did not take the necessary measures, and the network users bear joint and several liability."

Legal experts point out that two rules not only regulate the freedom of speech of netizens on the Internet, but also regulate the responsibility of censorship of the website, and balance the interests between the website and the victim.

User responsibility

Before posting the best to think about infringement?

Case

April 13, 2006, in the "mop net" under the "World of Warcraft China" Forum, a man announced his wife and his lover up to 5000 words of the QQ dialogue, denounced with his wife's third party "copper". Subsequently, hundreds of internet users joined the cyber attack, the Tianya forum posted a "river".

Legal

A spate of "pornographic" events, video, pictures spread through the network, not only caused harm to the parties, but also to the network environment caused by pollution. Network "human Flesh search" behavior, to others reputation, privacy also caused harm. After the implementation of tort liability law, the infringer shall have the right to notify the network service provider to take the necessary measures such as deleting, shielding, disconnecting and so on. If the network service provider fails to take timely measures after receiving the notice, the extended part of the damage is jointly and severally liable to the network user.

Experts pointed out that, in layman's terms, if you think that the information on a website violates your rights, whether it is published by the website itself, or the Netizen publishes through the forum, you have the right to request the site to be deleted, disconnect the link. If the website refuses to perform, you can sue the website and hold it accountable.

Influence

Some legal experts believe that the new "tort liability law" has failed to define the difference between "network supervision public Interest" and "network civil tort", and citizens supervise the public interests through the network, and there is an essential difference between the malicious slander and the network. If we only protect the right of privacy, the purpose of shielding the network supervision, it is bound to cause the risk of public interest.

"Later on their own post to report the illegal behavior of some officials, and even posted some people around the ' gossip ', it is estimated that someone will soon be taken to the site to raise objections, claiming that their privacy has been violated, or to report false, infringement of the right to reputation. "A netizen is worried, the website in order to avoid the tort liability law stipulation of joint liability, the best way is hurriedly delete the post."

Site Potential Risks

The lack of supervision of the Netizen's speech fear to blame

Case

2006, Tsinghua University professor Cai set up a holiday system reform task group, through research, the task group to the national holiday office to "change ' Golden Week ' concentrated leave for scattered leave, while adding some traditional festivals as legal holidays" proposal.

Cai did not think, "51 Golden Week" just canceled, opponents of abuse on the overwhelming, there are netizens in Baidu "Cai Bar", to its personal attacks. More people through the "human flesh Search", posted on the CAI home phone, mobile phone number and e-mail, launched on the holiday to adjust discontent netizens harassed Cai, even netizens will its head and dog body PS together, called it "Cai Dog."

Cai that the existence of "Cai Bar", is to let some netizens have a place to scold their own, as the operator of Baidu did not do to the content of the site audit obligations, indulge netizens in the forum to publish insults or slander others, infringement of other people's legitimate rights, he constituted the right to fame, portrait and other infringement, Sue Baidu Company, Request to remove paste in violation of their personal rights and interests of the speech, close the "Cai Bar" to provide in the "Cai Bar" on its abuse and comment on the threat of personal information, the claim for mental loss of 2 million yuan.

Legal

The 36th article of the Tort Liability Act provides for two rules: the prompt rule (which some people call "notification and Removal" rules). The Network service provider does not know that the network user uses its network to carry on the infringement behavior, the infringer knows oneself in this website to be infringed, has the right to the network service provider prompt, informs its website content constitutes the infringement, requests it to take deletes, the shielding, the disconnection link and so on the necessary measure. After receiving the prompt, the network service provider should take the necessary measures in time according to the prompts. If the network service provider fails to take the necessary measures in time, which constitutes the laissez-faire of the infringement committed by the network users, it has the indirect intention, as a joint tort with the infringer, the enlargement of the damage and the joint and several liability of the infringing Internet users. If the network service provider takes the necessary measures without prompting or prompting, the network service provider is not liable, that is, the "safe haven" rule.

The 2nd is knowingly the rule, is the network service provider knowingly the network user uses its network to carry on the infringement behavior, but has not taken the deletion, the shielding or the disconnection link necessary measure, lets the network user use it to provide the network platform to carry on the infringement behavior, has caused the damage to the infringer, For this network user to carry out the infringement behavior has the laissez-faire indirect intention, should undertake the joint and several liability.

Influence

A local forum moderator said, "Tort liability law" after implementation, they intend to increase the supervision of the post. "originally post will be first in the background audit, through the forum will see, but only for some sensitive words, later on the content of the audit requirements more stringent, but also increased the workload." He admits that it is difficult to grasp the criterion of respecting the freedom of posting of netizens and not causing any potential damage.

Experts point out that all civil rights and interests, including personal rights and intellectual property rights, especially copyrights, that can be violated by infringement on the Internet should be understood. But there are also web site owners who believe that, as providers of Web services, they do not have a prior obligation to review the information published on the web, unless it is their own release of information, "This is a fundamental difference from traditional media." "he said.

Network crackdown

Tort Liability Law can help

Phenomenon

At present, there are a number of network fraud problems: the legislative gap in E-commerce, the current law lag, it is difficult to effectively combat network sales leave, some E-commerce platform enterprises to shirk responsibility for fakes to provide a safe haven; the brand of infringement is high cost of protection, forensics difficult, not aggressive attitude. Brands are most concerned about the high cost of protecting rights, infringement of its trademark site has hundreds of, but if the prosecution, the cost is very high. And the cost of online dummies is very low, they register a domain name only spend hundreds of yuan.

Legal

The Law on Tort liability will help the network to fight against counterfeiting. The 36th article stipulates the basic rules of the network tort liability, namely the network user, the network service provider uses the network infringement other people's civil rights and interests, should undertake the tort responsibility: if the Network service provider receives the notice not to take the necessary measure in time, to the damage expansion part and the network user undertakes the joint and

"This provision is very beneficial to defenders, the network service provider to take the necessary measures to be notified by the infringer, or to know that Internet users use their network services to violate the civil rights and interests of others, rather than through the courts to confirm infringement." A certain brand furniture legal officer says.

Hotline Answer

Yan: My child is a primary school student, Long suffered from the teacher cold violence, how to defend the rights?

Wangs: On the issue of cold violence tort liability law does not specify, but if the cold violence to the child caused by physical harm, this involves specific proof of the problem, to specific problems specific analysis.

Ms. Zhang: My child in April, because of the rain on the campus on the broken branches slipped, the results of the front teeth were broken 3, want to ask me how to claim?

Wangs: First of all, to see the child a few years old, if not under 10 years old, the burden of proof is mainly in the school, full 10 years old, the burden of proof in the parents, it is necessary to prove that schools in the management process of negligence and fault.