Since the media is not "outside the law" forwarding also be responsible

The Supreme People's Court 9th released the provisions of the Supreme People's Court on several issues concerning the application of law to the use of information networks in civil disputes involving personal rights and interests.

Jungong, spokesman of the Supreme People's Court, said that the judicial interpretation of the issue, and the implementation of the "Information network on the infringement of the right to disseminate civil disputes on the application of the law of several issues", "on the use of information network to carry out defamation and other criminal cases applicable law" It is of great significance to standardize the network behavior and establish a good network order.

Sun military said that in the Internet era, personal information, especially personal electronic information protection is facing many challenges.

The present judicial interpretation stipulates that if a network user or network service provider makes use of the network to disclose personal information such as human genetic information, medical records, health inspection data, criminal records, home address, private activities and other personal informations, causing damage to others, the People's Court shall support the tort liability.

Lock the Infringer

"The perpetrators of infringement on the network hide in the dark, send a post god unnoticed, the infringer want to prosecute when it is often difficult to determine the defendant." "Vice president of the Supreme People's Court civil trial, Yiu Hui said.

In response to this situation, the introduction of the judicial interpretation in two aspects of the provision: first, in the proceedings, allowing plaintiffs to prosecute only network users or network service providers. The people's Court shall allow the defendant to request additional Internet service providers suspected of infringement, as a common defendant or a third person to be identified as a network user.

Second, after the plaintiff's lawsuit is clarified, the Court can order the network service provider to provide the personal information of the network user who is suspected of infringing according to the case and the plaintiff's request, so as to facilitate the plaintiff's prosecution. This information includes the name of the network user who can determine the alleged infringement, the contact method, the network address, etc.

"If the network service provider refuses to provide any reasonable reasons, the people's Court may take punishment on the network service provider according to the relevant provisions of the Civil Procedure Law." "The Judicial interpretation also stipulates.

"Forwarding" is also responsible

Sun military said that micro-bo (17.52,-0.61,-3.36%), micro-letters, such as the rapid development of social networks in recent years and the resulting from the media, in the scope of transmission, influence and other aspects of the trend beyond the traditional media. "In view of these characteristics, judicial interpretation of the transfer of information on the network of the relevant issues to make provisions." "he said.

Judicial interpretation stipulates that the people's Court determines that the network users or network service providers reprint the network information behavior of the fault and its extent, should be integrated into the following factors: the subject of the reprint to bear the nature of the impact of the scope of the duty of care; the apparent degree of infringing on the personal rights of others Whether material changes to the reproduced information, whether or not to add or modify the title of the article, resulting in serious discrepancies with the content and the possibility of misleading the public.

"At present, the number of cases of infringement from the media is not too prominent, but with the development of network technology, I feel that such cases may gradually appear more in the future." Yiu Hui said that one of the important elements of the responsibility of the reprint is "Fault", which requires the judge to combine the evidence and the objective facts to make the judgment.

"For example, you are ' Big V ', your duty to pay attention to the transfer of network information is higher than the average person." And a common people's fault level may be relatively low or no fault. Yiu Hui said, "If you are big V, you should know how much influence you can easily forward." Your words, your movements may affect the audience, your legal obligations have a higher concentration. You should be cautious. ”

Say "no" to "paid deletion" and "Navy"

"In practice, the internet grey industry, which is represented by illegal deletion of service, is one of the most important reasons, that is, the Internet technology is not right, and the Internet users or network service providers who publish infringing information often have technical advantages." The present judicial interpretation regulates these acts from the angle of civil liability. "said the Sun military.

The judicial interpretation stipulates that the people's Court shall not be deemed to be invalid if the infringer and the network user or network service provider who constitute the infringement make payment, and the other party provides the agreement of deleting, shielding and disconnecting the link.

The People's Court shall support unauthorized tampering, deletion, shielding of specific network information or blocking access to other people's network information in the form of a disconnected link, or when a network user or network service provider who publishes the information requests the infringer to bear the tort liability. The principal and Trustee shall bear Joint and several liability for accepting the Commission of the Act. ”

Judicial interpretation at the same time clear, hiring, organizing, abetting or helping others to publish, forwarding network information infringement of other people's rights and interests, the infringer to ask the perpetrator to bear joint and several liability, the people's Court should be supported.

Reasonably determine whether the network service provider "knows" the infringement

The 36th article of Tort liability Law of our Country stipulates: "The network service provider knows that the network user uses its network service to infringe the civil rights and interests of others, and fails to take the necessary measures, and the network user undertakes joint and several liability." ”

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The introduction of the judicial interpretation of the relevant provisions: the People's court to determine whether the network service providers "know", should take into account the following factors: whether the Network service provider in manual or automatic way to the infringement of network information to recommend, ranking, selection, editing, sorting, modification and other ways to deal with The ability of the network service provider to manage information, the nature and manner of the service provided and the likelihood of infringement; the type and apparent degree of the network information infringing the personal rights and interests; The social influence degree of the network information or the amount of browsing in a certain time The technical possibilities of the Internet service providers to take measures to prevent infringement and whether appropriate measures have been taken; whether the network service provider has taken corresponding reasonable measures against the repeated tort or the same infringing information of the same network user; Other factors related to the case.

"The Internet industry has entered a highly integrated form of content, community and business, and how to identify this ' know ' requires more caution. "Sun military said that the strict standards will cause network service providers to assume the responsibility is too heavy, affecting the free dissemination of legal information." Too wide a standard will lead to network service providers are not willing to perform the necessary duty of care, indulgence or even active implementation of tort.