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Beijing Fourth-senior College: In the case of network infringement disputes, self-media, new media is complained

via:澎湃新闻     time:2022/1/13 14:02:03     readed:75

In the case of network infringement disputes, the reputation disputes and personal information protection cases have increased significantly.

On January 13, Beijing's Fourth Intermediate People's Court released the top ten typical cases of Internet people's business trial annual reporting and top ten. The report pointed out that from the perspective of the v.

The report believes that the Internet service model is constantly innovating, and the risk of network infringement is growing. Consumer rights have been continuously enhanced. Citizens' personal rights protection is facing new problems in the Internet age, network development and security are facing new challenges.

According to notice, January 1, 202, December 31, 2021, Beijing Fourth Intermediate People's Hospital received 1566 cases of Internet people's appeal cases, of which 602 were accepted in 2020, and 322 in 2019 rose in 2019. 86.96 %; 964 cases accepted the appeal case of Internet people in 2021, up 60.13% over 2020.

From the case of the case, 509 cases of online trading contract disputes, accounting for 35.5%, including 859 cases of network infringement responsibility, accounting for 59.9%, 86 network service contract disputes, accounting for 6%; product responsibility dispute case 25 pieces, accounting for 1.7%; 17 financial borrowings, small borrowing contract disputes, accounting for 1.2%.

Compared with 2019, the number of online trading contract disputes has fallen large, accounting for 77% to 35.5%, and the number of online infringement resulses has increased significantly, from 19% to 59.9%.

In the report, in the case of network infringement disputes, the reputation disputes, and the case of personal information protection cases have been obvious. According to the report, from the number of subjects, the number of portrait disputes in the network infringement is still more high, accounting for 58% of the hospital's acceptance of the second instance of the network infringement, in addition to this, reputation dispute , Privacy disputes, and personal information protection disputes have become more obvious.

From the perspective of infringement and case proposition, a single infringement type case is still higher, but the amount of cases of multi-type superimposed infringement continues to rise. From the perspective of the subject of the subject, natural people accounted for a large number of cases of the infringement subject, but from the media, the case of the new media is rising year by year.

"There is always a tension between personal freedom and other people's rights protection, which is particularly prominent in the field of online speech."According to the report, in recent years, with the development of fans, the development of the flow economy, the network speech infringement is constantly presenting, the rice culture and the network violence and malformed infringement caused by the rice culture are not uncommon, the relevant speech is not only obvious And even the misalignment of values, there is a tendency to violate the basic public order and moral ethics, which should be attached.

The report said that in the trial of the online statement infringement case, Beijing Fourth Interrogation case pays attention to the infringement attributes of the relevant statement. For the constituent infringement, the infringement is given the corresponding negative evaluation, and on the other hand, I adhere to the socialist core values or guide, For the honorary claims from the socialist core values, they do not protect, and regarding the violation of the statement of socialist core values, they will compensate from the number of questions.

The report reminded that in recent years, the incident incident incident through network complaints, the increasing incidents, the resulting infringement dispute also presents growth trend.Natural persons or legal persons in the fact that the facts when using the Internet Reports, if they involve social public interests or other legal rights and interests, they should have a considerable evidence to ensure that they should ensure that the state is basically true, otherwise it may constitute an infringement.

The report pointed out that although the citizen reported the violation of the law in accordance with the law, even if there is no strong evidence support, as long as it is not a fact that the facts are interested in framing others, it should also be excused. However, this exemption must be limited to the scope of "Reporting to Discipline Inspection and Operation, Report, Appeal, Control", and if it exceeds this scope, it may violate the reputation of others.

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