Personal Weibo twice was sealed Sina compensation for economic loss of 2520 yuan

Absrtact: In April this year, Ms Yu's account has been blocked two times in Sina Weibo. Sina said its microblog had attacks on other people's content, interfering with other users ' use of microblogs. In this respect, Ms Yu is not recognized, and Sina Network Technology Co., Ltd., Sina Mutual

In April this year, Ms Yu's account was blocked two times on Sina Weibo. Sina said its microblog had attacks on other people's content, interfering with other users ' use of microblogs. In this respect, Ms Yu is not recognized, and Sina Network Technology Co., Ltd., Sina Internet Information Services Co., Ltd. sued the court.

December 2, Ms. Yu got the Haidian court's verdict, which shows that Ms Yu's micro-blog content does not infringe on other people's rights and interests, Sina two-degree blockade of micro-blogging users improper behavior. Sina should compensate Ms Yu for the economic loss caused by the default of 2520 Yuan, the Department of Women in the proceedings to pay notarization fees and consulting fees.

>> Users

Personal Weibo is sealed two degrees

Ms Yu said that April 12 this year, she found her Sina Weibo is blocked access, search registered nickname shows "user does not exist." Sina Customer service replied that the microblogging function could not be restored because the content published in the microblog included attacks on others.

April 18, Ms. Yu used a new mailbox to re-register Weibo, "only two or three comments, once again blocked access." "April 29, customer service staff replied," Through micro-blog content or comments to interfere with other users to use micro-blog! Illegal operation, this feature cannot be recovered.

According to Ms. Yu, last November 17, as the "square static Baidu Bar" of the main, she registered on Sina Weibo account, nickname for "Square Static bar _ Baidu stick." Since then, she has reprint published in the microblog of the famous host Fang related content and screenshots. She did not maliciously attack others in the microblog, Sina Weibo without prior notice in the absence of an unwarranted closure of two micro-blog accounts, unilaterally terminated the provision of network services, there is a default.

Ms. Yu said she would log on to Twitter every day, devoting a lot of time and affection to her feelings by closing her microblog. At the beginning of May this year, Ms Yu commissioned a lawyer to sue Sina Network Technology Co., Ltd., Sina Internet Information Services Limited to the Haidian court, asked Sina to apologize, restore the use of its microblogging authority, and compensation for notarization fees, consulting fees, legal fees.

>> Sina

Free service can be stopped anytime

December 2, Ms. Xu received the "civil verdict" from Haidian court.

The reporter saw in the verdict, Sina confirmed, in April this year, Ms Yu's two micro-blog accounts were blocked because Ms Yu used the nickname "Square Static Bar _ Baidu Paste" microblogging process, many times using letters, another plus v certified users (famous host Fang) for language harassment, attack. April 12, after receiving complaints from users, the company after review to stop service. Meanwhile, the "square Static Bar" was screened. Sina said that its microblogging service is free, so no need to notify users, can stop service at any time.

Sina background data provided by the printed piece on display, the beginning of April, the user "square static bar _ Baidu Post" in the comments reply to the square static, "You can calm down with the mind to think about some problems?" Why meet the problem first think of escape?...... "" You can lose your temper, I can not lose my temper. I admit I overreacted at night, don't be angry ... "Why do you delete the fan ah, do not delete it!" I'm angry. The consequences are serious! The last chance to get me off the blacklist is to focus on ... It's an order! Another part of the content does not show the specific point of reply to the person.

Ms. Yu said that she is Fang "fan", in the micro-Bo was sealed before she met with Fang, in some of the issues have differences, there have been some verbal conflict.

>> judgment

Sina's behavior is inappropriate

After the court mediation, in early November, Sina restored Ms Yu's two bonnet articles, pictures and other content and the normal use of functions.

The verdict shows that the court to provide Sina's background data print, e-mail, Fang written testimony and other evidence after the investigation that the other side of the static reply and other points to unknown microblogging content, in addition to individual sentences with more intense, other replies mainly to Fang Apology, request understanding, persuasion, etc. There is no obvious derogatory language to abuse and attack others. The court found that, in the opinion of the evidence, there was no infringement of Fang's relevant rights.

The verdict said Ms Yu and Sina form a network service contract relationship. The content of the Network service agreement between the two sides shows that Weibo users agree that Sina will launch commercial advertising or other business information in various ways, and users also agree to accept Sina to send sales promotion and related business information to users via email or other means. It can be seen that Sina Weibo, although the name is free, but in fact, Weibo users may bring advertising and other forms of business interests. Sina to stop to provide users with services before, need to inform users in advance.

The court found that, in the case of Sina, without prior notice to Ms Yu, the measures to stop the account microblogging service, affecting the use of Ms Yu, beyond the reasonable limit of the necessary measures, its behavior is not appropriate. In the absence of any irregularities in Ms Yu's use of the new Weibo account, the act of shielding and stopping the service was manifestly improper. Sina should compensate Ms Yu for the economic loss caused by the default of 2520 Yuan, the Department of Women in the proceedings to pay notarization fees and consulting fees.

>> paparazzi

Blocking Weibo will inform

Yesterday afternoon, Mr. Mao, the Public relations Department of Sina, said that the matter had been the subject of legal proceedings and that all the Court's decisions had been taken. Mr. Mao said that for the use of micro-Bo published false information, attacks on other people's information, once a user reported, Sina authorities will verify the verification, and then take further measures. "Verification and processing, we have relevant standards and measures within."

According to Sina's relevant agreement, users in the use of Sina Weibo, should not upload, display or disseminate the information containing false, harassing, slander others, Sina has the right to directly stop the users of the micro-blog. "We are doing this to protect the interests and rights of other users," he said. ”

Mr. Mao said that, at present, for the implementation of the closure of the micro-blog, Sina will be through the background, the microblog owners to inform.