The network group leader really wants to make decisions for the group members-瞭望新时代网

The network group leader really wants to make decisions for the group members

2021-10-12

Reading guide Civilization, harmony and friendliness are the core socialist values that we should consciously practice, even in cyberspace. Recently, the Guangzhou Internet Court concluded a case in which the group leader of the wechat group created to perform property management ignored the abuse of others by the group members in the wechat group and was indifferent to the help of the abused. The group leader was judged by the court on the grounds of "slow action" and "inaction", and his property company should bear the corresponding responsibility. In another similar case, after the members of the wechat group swore, the group leader dissuaded them in time. After the dissuasion was invalid, the wechat group was dissolved. The court ruled that the group leader and his property company were not responsible. The court's judgment clearly shows that "cyberspace is not a place outside the law", which helps to clarify the standard of default of network group managers, delimit the boundary of citizens' network behavior and speech, promote social governance from real society to cyberspace coverage, promote the legalization of cyberspace, and create a clear cyberspace environment. The group leader should bear the responsibility for "slow action" and "Inaction" In 2018, Li, an employee of a property company, created a wechat group to fulfill the needs of property management. From 2018 to 2019, a number of community owners frequently released malicious abusive remarks against the owner Zhang in the group for a long time, such as "seeing some old Wang Babu's sense of existence every day, a bully ugly, a dead pig with probably no grandchildren... The dead pig is not afraid of boiling water. The hotter the skin, the thicker the skin. Do you know who the old Wang Babu is..." "Look, Wang Ba has taken his seat according to the number, and he is still a mentally retarded Wang Ba", and released Zhang's photos in the group. Zhang has repeatedly sent messages to Li, who is the leader of the group, asking for measures, such as "@ single area housekeeper of customer service department - who is violating the rules? Why don't you take measures?" "@ single area housekeeper of customer service department - why didn't Li answer" "@ single area housekeeper of customer service department - did Li see the screenshot I sent? Don't pretend to be deaf and dumb" Zhang also repeatedly contacted Li through wechat private chat, sent group chat screenshots and asked "how to deal with" and "why not deal with such problems after so long". However, Li did not reply to Zhang's message or take other measures within more than one year after he sent it. On May 15 and 19, 2019, Li issued an announcement in the group to remind members of the group to pay attention to civilized language, saying "The group has been complained by users about a large number of violations. For the harmonious development of the community, the owners can live in harmony. Now it is decided to officially dissolve the group at 13:00 today..." and dissolve the group on the 19th. Zhang filed an infringement lawsuit against the owners who made abusive remarks in the wechat group. The court came into force and found that the behavior of the owners who made abusive remarks in the group constituted an infringement of the right of reputation, and ordered the owners to make a written apology and compensate 2000 yuan for mental damage. At the same time, Zhang believed that the misconduct of the property company was an important reason for its reputation damage, so he sued the property company to the court for an apology and compensation of 20000 yuan for mental damage. After hearing, the Guangzhou Internet court held that since the behavior of Li, an employee of the property company, in creating a wechat group was an act of performing his duties, the resulting civil liability should be borne by the property company. The court held that the wechat group owner had the duty of care for the infringement within the wechat group, comprehensively considered the frequency and duration of the infringement speech in the group, whether the property company issued the announcement in time and other factors, and found that the property company did not perform the group owner's management responsibility in time and was at fault, thus aggravating the damage to Zhang's reputation. According to According to the law of "the perpetrator shall bear tort liability if he infringes upon the civil rights and interests of others due to his fault", the property company shall bear the corresponding tort liability, but the determination of the severity of tort liability shall follow the principle that the size of liability is commensurate with the degree of fault and the force of cause. In this case, although the property company should bear fault liability for its inaction, the direct cause of Zhang's reputation damage is the behavior of the direct infringer, so the fault degree of the property company is obviously less than that of the direct infringer, and its liability should also be less than that of the direct infringer. Therefore, in the first instance judgment of Guangzhou Internet court, the property company posted a statement on the community bulletin board to apologize to Zhang , the posting time of the statement shall not be less than 30 days. The group leader shall fulfill the management responsibility in time without responsibility Zhao, an employee of a property company, created a wechat group to meet the needs of property management. The owners Qian and sun are members of the wechat group. From August 23 to September 3, 2020, Mr. Sun and Mr. Qian had an argument in the wechat group over the installation of cameras. In the process of the argument, both sides frequently released malicious abusive remarks against each other, such as "abnormal guy", "garbage guy" and "exposure maniac who doesn't close the window in the shower" In the meantime, both sun and Qian were in the group @ group leader Zhao and asked him to deal with it. During the quarrel between the two sides, Zhao dissuaded the group for many times. When the dissuasion failed, he dissolved the group on September 4. Sun believed that the property company did not stop Qian's abusive remarks, which greatly degraded his reputation, so he sued Qian and the property company to the court at the same time, asking for an apology and recovery Reputation. After hearing, the Guangzhou Internet court held that Qian's remarks that infringed on sun's reputation right in the wechat group should bear tort liability according to law. However, the property company fulfilled the responsibilities of group owner management and property service and did not need to bear tort liability. The court held that, first of all, Zhao actively took management measures within the authority of the group leader. According to the wechat chat records, the main contradiction between sun and Qian arose due to the installation of cameras, and the group leader explained the installation and monitoring of the property in the wechat group. On August 31, September 1 and September 3, 2020, when sun and Qian had a quarrel, Zhao not only carried out in the group in time He dissuaded, reminded the members of the group to pay attention to civilized language, responded positively to sun and Qian @'s own remarks, suggested that both parties withdraw monitoring from each other, and communicated with sun's private letter many times about the removal of cameras. On September 4, 2020, when the dissuasion was still ineffective, Zhao issued a "notice on dissolving the owner group" in the group, saying "At present, due to the shooting position of the installed camera, there is a misunderstanding between the neighbors, affecting the relationship between the neighbors. The two sides complain to each other in the group, which has violated the original intention of establishing the group. The service center failed to effectively prevent this incident, which has caused great trouble to the owners. In view of this, the service center will be temporarily closed at 20:00 today Dissolve the owners of this building... Remind the owners again not to throw objects at high altitude and do things that infringe upon the rights and interests of others " The group chat was dissolved immediately. The above behavior is not only the embodiment of Zhao's performance of group management responsibilities, but also the embodiment of his performance of property management responsibilities. Secondly, Zhao's performance of obligations is appropriate. Although the group leader has management responsibilities for the wechat group, he can't ask the group leader to keep a close eye on the comments in the group at all times. From the perspective of the management authority given to the group leader by wechat software, the group leader has nothing but words There is no other group management method to dissuade, remove the group members from the group chat or dissolve the group. Therefore, it is objectively impossible for the group to eliminate the occurrence of infringement within the group, but actively prevent and prevent infringement within the group within the management authority. The wechat group is used for property services. If Zhao easily removes individual owners from the group for chat, it is against the original intention of establishing the wechat group. Therefore, Zhao mainly adopts the management method of persuasion and dissolving the wechat group after persuasion is invalid, which is in line with the functions and characteristics of wechat software and the wechat group involved, and its way of performing the management responsibility of the group owner is appropriate. Therefore, the first instance judgment of Guangzhou Internet court rejected sun's claim. ■ rule interpretation Internet group managers shall fulfill their management responsibilities in a timely manner The first paragraph of Article 9 of the provisions on the administration of Internet group information services issued by the state Internet Information Office clearly stipulates that Internet Group founders and managers shall perform the responsibility of group management, standardize group network behavior and information release in accordance with laws and regulations, user agreements and platform conventions, and build a civilized and orderly network group space. Measures for the administration of Internet information services Article 15 stipulates that Internet information service providers shall not make, copy, publish or disseminate information containing illegal contents. There are "nine prohibitions", one of which is "insulting or slandering others and infringing on the legitimate rights and interests of others". Li Peng, the presiding judge of the case, said that the difference between the two cases mainly lies in whether the group leaders perform their management responsibilities in time. In the first case, the group leaders turn a blind eye to the negative information in the group that has lasted for more than a year; in the second case, the group leaders stopped the negative language in time, organized offline communication and handled it in a timely and in place. Therefore, the court made different judgments on the two cases. It is very important Many netizens have doubts about the "slow action" and "Inaction" in the judgment. Li Peng explained that "slow action" refers to the group leader's untimely response, and "Inaction" refers to the group leader's failure to take any disposal measures. The court made such a judgment mainly based on several aspects: first, the founder of the Internet group should fulfill the management responsibility and build a civilized and orderly network group space. Second, the wechat group involved in the case for property management is an extension of the property service place in the network space, not a simple wechat group. In addition, the long-term inaction of the group owner will cause Make the infringing speech continue to spread in this group. Li Peng said that wechat group is the most commonly used way of communication. Coupled with the convenience of Internet communication, the case aroused heated discussion among netizens. Through such cases, we hope to urge wechat users to correctly exercise their personal rights, but also pay attention to avoid infringing on the legitimate rights and interests of others. The responsibility of the Internet court is to output the corresponding judgment rules through specific cases and delimit the boundary for citizens' online behavior and speech. At the same time, the judge also reminded netizens that cyberspace is not a place outside the law. Wechat group is an important part of cyberspace. Group members should speak in a civilized and orderly manner and consciously practice the core socialist values of civilization, harmony and friendliness; group owners should attach great importance to and correctly exercise their management authority and fulfill their management responsibilities of wechat group, Actively maintain a clean and orderly cyberspace. ■ expert comments Group leaders have the obligation to maintain the order of speech within the group Zhi Zhenfeng, researcher, Institute of law, Chinese Academy of Social Sciences China's access to the Internet in 1994 soon led to legal provisions related to speech expression. In 2000, China adopted the measures for the administration of Internet information services, which mentioned the "nine prohibitions", including prohibitions such as insult, slander and malicious abuse. In 2017, the state Internet Information Office issued the provisions on the administration of Internet group information services , the most typical example of setting management responsibilities for internet groups is the group leader of wechat group. After the trial of relevant cases, many netizens expressed "panic" and did not understand why the group was mainly responsible. As the founder of the discussion platform, the group leader has the obligation to maintain the order of discussion and speech. The group leader should pay attention to and manage the illegal or bad information in the group chat. As long as you do your duty, you don't have to worry about too many responsibilities. In these two cases, it is not only the Internet group problem, but also the management of the work group. So

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