day before the Supreme People’s Court issued a formal trial against "on some issues of applicable law in civil disputes over human rights with network regulations" (hereinafter referred to as the "Regulations"), and formally implemented yesterday. The 19 relates to the network platform, to avoid responsibility, paid posts, and other aspects of the network navy. For Internet rumors, the phenomenon of network human flesh search legal edge ball made clear rules and punishment.
although the "provision" is only 19, but the network covers all kinds of problems and phenomena, from platform paid delete posts "to" network navy ", from" Internet rumors "to" human flesh search ", a legal edge ball hit the phenomenon in the network environment are traced with them.
"safe harbor principle" is the general principle of Internet copyright dispute processing, in the event of a copyright infringement case, when the network service providers only provide space services, not making web content, if the defendant knows tort, automatically deletes exemption notice. In China, the safe haven principle is not only used in the Internet copyright disputes, but also for the general network rumors and other issues. In the event of infringement occurs, the safe haven principle has become a search engine, paste it and other network platform to circumvent the responsibility of the weapon. These network platform claims that do not know, technology automatically crawl, non competent know to evade legal investigation.
however, the "provision" for Internet service providers are aware of "made the provisions of article seven, and network users use the network service platform in the know the infringement of civil rights and not take measures, will be jointly and severally liable.
IT, chief legal adviser Chinese legal expert Zhao occupation in the network legal network to accept Beijing IT channel interview, said: "although the law for Internet service provider is’ know ‘the seven provisions, but in practice the process of these red still has certain elasticity and fuzzy. For example, if someone released someone pornographic Post Bar, that is obviously the network infringement, but if the published an article, which contains the critical discourse, it is difficult to define. To determine whether or not ‘know’ should also be specific case specific analysis."
for ordinary Internet users by tort, what measures should be taken in the receiving? Zhao occupation Beijing IT channel interview also give advice: "according to the" tort liability law ", in the user infringement, users should first of all to the network service provider sends delete, change notice, if the network service provider is not delete, withdraw the relevant content, you need to assume joint liability infringement caused by user."