Send yellow jokes shut down text lawyer petition questioning Unicom illegal

Core TIP: Some experts believe that telecom operators should take some of the user to inform, warning measures, and should not take off the text or even stop such high-handed measures. Every reporter Xiaixiaoping from Beijing to send yellow jokes will be shut down short message function has sparked controversy. Yesterday (January 21), the daily economic news learned that the controversy has sparked concern in the legal community. We have sent a letter of complaint to the Ministry of Information and hope that the relevant departments can handle it.　　Wang Yajun, a lawyer in Beijing Han Xiang law firm, said in an interview with reporters. No legal basis for closing short messages according to Wang Yajun, Unicom will use commonly known as mobile phone "filter" software, according to the public security departments to provide a series of keywords to the early filtering of mobile phone messages.　　At present, Beijing Unicom has set up a special group to be responsible for mobile phone text message inspection, the system identified a suspected yellow vulgar text messages, artificial will again filter, once verified as yellow vulgar text messages, Beijing Unicom will suspend the function of the SMS until the shutdown. "China Unicom's use of mobile phone ' filter ' to monitor, the early filtering of user short messages, neither the corresponding contract basis, but also suspected of violating the freedom of communication and communication and the right to freedom of expression, violation of the relevant provisions of the Constitution, is a unconstitutional act."　　"Wang Yajun said. Wang Yajun that, as a party to establish a telecommunications service contract with the user, the rights and obligations of both parties are stipulated by the Telecommunication Service contract.　　Users fulfill the obligation to pay, there is the right to normal use of mobile phone messages; China Unicom exercised the right to charge, it must fully fulfill the provision of mobile phone messages to users of the normal use of the contractual obligations. "Neither party has the right to go beyond the provisions of the law and the contract."　　Wang Yajun that the telecommunications service contract does not stipulate that Unicom can use the mobile phone "filter" to monitor, filter the user's mobile phone short message and suspend the function of the right, Unicom is not a contractual basis, is a breach of contract. In addition, Wang Yajun also pointed out that China Unicom as a legal entity, not public security or procuratorial organs, there is no communication inspection rights, the law does not stipulate that public security or procuratorial organs can be entrusted to exercise the right of communication inspection.　　Unicom's own according to the Public Security Department to provide a series of keywords to the mobile phone SMS early filtering, the examination of text messages has no legal basis and violates the provisions of articles 35th and 40th of the Constitution, violating the freedom of communication, communication and freedom of speech, and violating the privacy rights of citizens, which is unconstitutional. "Involved in the yellow" to identify the subjective strong China Unicom director of the News of easy to polyester not to the daily economic news, said the news, not currently received, the reporter said, "Unicom has set up a special team to take charge of mobile phone text inspection work?"　　"Easy to Polyester, China Unicom will cooperate with relevant departments to regulate the work of mobile phone yellow." The daily economic news reporter then called the Ministry of Information and Letters office, the head of the department said that there is no letter of complaint. As to how to deal with, to seeTo the letter of the report. Liu, director of the Asia-Pacific Network Law Research Center, said that if the "yellow-related" text messages only belong to the specific two sides of the communication category, and the recipient does not report, then whether the operator, or the competent authorities, have no right to shut down or stop short message services.　　Otherwise, the operator's behavior is a breach of contract.　　In this regard, some experts believe that telecommunications operators should take some of the user to inform, warning measures, and should not take off the text or even stop such high-handed measures.　　Yelin, a professor of law school at Renmin University of China, said that there is no clear legal standard for what is involved in the yellow content, the Public Security department or other government departments have not made a detailed explanation, therefore, the "yellow" is a highly subjective standard. Before the news came out, the Supreme People's Court will be issued on the regulation of mobile phone obscene pornography judicial interpretation. In this regard, industry insiders believe that the introduction of this interpretation will be the attention of the yellow text to define a reasonable standard.