Internet users publish infringing posts on the Internet, and the Internet service provider refuses to delete the post after receiving the request of the party concerned. Does it bear the platform responsibility? Recently, the People's Court of Zhangjiagang City, Jiangsu Province, concluded a case and decided that Zhang and a company had publicly issued an apology statement to Ni on the municipal official media for 10 consecutive days; Zhang and a company jointly and severally compensate Ni for mental damage of 8000 yuan. Zhang posted a post on a company's online forum, fabricated the fact that Mr. Ni's private life was chaotic, and attached a life photo of Mr. Ni downloaded from Mr. Ni's WeChat friends circle. After the post was sent, the reading amount quickly exceeded 100000. Ni contacted a company to delete the post, but the company refused on the ground that only the person who posted the post had the right to delete the post. Ni appealed to the court and requested Zhang and a company to delete the post immediately, apologize and compensate for the emotional damages. After the trial, Zhangjiagang Court held that Zhang made up the fact that Ni's private life was chaotic and posted a post on the Internet with a photo of Ni, which constituted an insult and slander to Ni. After the post was spread on the Internet, it caused a large number of clicks and comments, which had a negative social impact, violated the reputation of Ni, and invaded his normal life, so he should bear civil liability according to law. Although a company has partially coded the faces of the people in the photos when reviewing the posts, it still has a certain degree of recognition from the content of the posts and comments, and the degree of infringement on the rights and interests of others is still obvious. A company failed to take reasonable measures to avoid the occurrence of infringement, but allowed the consequences of damage to continue to expand, and should bear joint and several liability with Mr. Zhang after receiving a notice from Mr. Ni requesting to delete the post with a huge number of views. In view of the fact that a company has deleted the post during the trial of the case, the court made the above judgment. After the sentence was pronounced, a company appealed against it, and the court of second instance rejected the appeal and upheld the original judgment. The judge said that the focus of the dispute in this case was whether a company as an Internet service provider should bear joint and several liability for the infringement of the Internet user Zhang. Article 197 of the Civil Code of the People's Republic of China stipulates that if a network service provider knows or should know that a network user infringes upon the civil rights and interests of others by using its network services and fails to take necessary measures, it shall be jointly and severally liable with the network user. With regard to the determination of "knowing or should know" of network service providers, according to Article 9 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Infringement of Personal Rights and Interests by Using Information Networks, the following factors should be comprehensively considered: (1) Whether the network service providers recommend, rank, select, edit, collate To be handled by means of modification, etc; （2） Network service providers should have the ability to manage information, as well as the nature and mode of services provided and the possibility of infringement; （3） The type and degree of the infringement of personal rights and interests by the network information; （4） The degree of social impact of the network information or the number of views in a certain period of time; （5） The technical possibility of network service providers to take measures to prevent infringement and whether they have taken appropriate and reasonable measures; （6） Network service provider
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：chinacourt.org
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