Remediation of network gray and black production, can not let go of the "gray and black group"

2021-12-29

Recently, some media have investigated and reported on the camera snapping black industry chain, and the current situation of the snapping industry of "one person taking a bath and hundreds of people watching" has aroused heated discussion. Some netizens suggested that efforts should be made to crack down and rectify the acts of sneak shooting and selling sneak shooting equipment. On the day of the report, several candid groups were banned or disbanded. (see rule of law daily, 27 December) In the Internet age, many grey black industrial chains are associated with "grey black groups". Most of these groups undertake the functions of organization, sharing, dissemination of information and trading, which can be said to be an important link in the development and growth of gray black industrial chain. However, in many relevant cases, it is often reporters who uncover the tip of the iceberg of the grey black industrial chain in a "latent" way, causing public opinion attention and supervision intervention. Since then, the penalties such as accountability for the group leaders are often gone. I'm afraid this is an inadequate and incomplete treatment. When the group leader is at risk, the group leader of "grey black group" should bear the responsibility. China's regulations on the administration of Internet group information services clarify the requirements of "who builds the group is responsible" and "who manages is responsible". In reality, many groups are suspected of violating personal privacy information, disseminating obscene information, trading illegal goods, gambling, swiping bills and speculation letters and other illegal and criminal activities. If the group leader directly organizes and participates in relevant activities, it may violate the law on public security management punishment and face the responsibility of administrative punishment, or it may constitute a crime and face criminal responsibility. Even if the group leader does not directly organize and participate in relevant activities, he may bear legal responsibility for neglecting to manage the group and conniving at the violations and crimes of group members. Taking the candid shooting of the gray black industrial chain as an example, according to the provisions of China's law on public security administration punishment, those who peep, candidly shoot, eavesdrop or spread the privacy of others shall be detained for not more than 5 days or fined not more than 500 yuan; If the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days and may also be fined not more than 500 yuan. At the same time, those who sell and disseminate secretly photographed videos, pictures or viewing paths in groups, or sell secretly photographed equipment, meet certain requirements, and may also be suspected of the crime of Disseminating Obscene Articles for profit, the crime of Disseminating Obscene Articles, the crime of infringing on citizens' personal information, or the crime of illegally producing and selling special espionage equipment, eavesdropping, special equipment for stealing photos, etc. In order to avoid attack and responsibility, many group owners of "grey black group" deliberately choose to use foreign social software to establish anonymous groups. But in fact, as long as the group owners are Chinese citizens and relevant illegal and criminal acts occur in China, China's laws have jurisdiction. To control the grey black industrial chain, we must control the "grey black groups" together, and seriously investigate the legal responsibilities of relevant group owners, rather than forbid and dissolve such groups. The social platform should strengthen the supervision and management of online groups, find out the problem clues involving the gray black industrial chain and suspected crimes, not only include the group owners and members into the blacklist according to the circumstances and limit the group service function, but also report to the relevant competent authorities in time. Public security, network information and other regulatory departments should follow all kinds of clues, not only investigate and rectify the gray and black industrial chain, but also start the investigation and accountability procedures for relevant group leaders, so that they can pay the due legal price. Whether the order of a group is good or not, and whether the degree of civilization or law-abiding is high or not is directly related to the management orientation and due diligence of the group leader. Holding the group leaders of the "grey black group" accountable according to law can deter, warn and educate more people, force the group leaders to fulfill their management responsibilities and hold the legal bottom line. Making the "grey black group" no longer active and "resurgent" without changing a vest is an important step in controlling the grey black industrial chain. (outlook new era)

Edit:Ming Wu    Responsible editor:Haoxuan Qi

Source:workercn.cn

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