A woman in Xiamen, Fujian, China, was found to have been maliciously set up an online memorial. (Schematic diagram / flip from photoAC)
Revenge once morest others? There is a woman in Xiamen, Fujian, China, who discovered that the online sacrifice platform has her own memorial hall, including mourning halls, detailed personal information and photos. It has been established for 6 years, and the number of memorials has reached 43,000, but she is still alive and well. Angry to sue to court.
The woman’s friend accidentally discovered that there was a “Xiamen Beautiful Girl Memorial Hall” on an online sacrificial platform. One night in January, she disappeared following leaving school, and it took several days to find her unrecognizable body in the sea, may she rest in peace in heaven.” The memorial hall has animation backgrounds such as mourning halls and online cemeteries, all of which have photos of the woman. There is a “sound, smile and appearance”, and 10 photos of women’s life are released.
The woman was very angry when she learned regarding it, because the personal information recorded on the webpage was true, and the photos were all her life photos posted on her personal social platform. She believed that the online sacrifice platform violated her portrait rights and reputation rights, and demanded that bear the liability for infringement. After confirmation, the platform admitted that the situation was true. However, since the memorial hall was established many years ago, real-name registration had not yet been implemented. Therefore, at present, only the IP address, nickname, and login name of the user who established it can be found, and information such as their real name, address, and phone number cannot be provided. .
The court held that the online sacrifice platform should strictly review the relevant information of the commemorated person, especially the identity relationship between the creator and the commemorated person, as well as the death information of the commemorated person, so as to prevent those who want to use the platform to discredit others. infringement of rights.
Since the online sacrificial platform did not strictly review the information of the woman being commemorated, nor did it strictly implement the real-name authentication of registered users, it was difficult to identify the actual infringer, and he should bear the tort liability according to law. The court reminded that when you find that your civil rights and interests have been infringed by others using online services in your life, you should keep evidence in time, and respond to relevant claims and preliminary evidence to the operators of the Internet platform to prevent your rights from being continuously infringed. After receiving the notice, the online platform operator should immediately take necessary measures to prevent the damage from expanding, otherwise it should bear joint and several liabilities for the expanded part of the damage and the infringing Internet users.
