How to protect the rights of the injured who are harassed more than 2000 times in three days?

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 How to protect the rights of the injured who are harassed more than 2000 times in three days?


Mr. Zhang, the boys father, told the surging news on October 29 that he thought the abuse of his son by netizens and self media was rumors and slander.

The boys father said that after the video spread, his son was afraid to go home and wandered for nearly 10 days. After being found, the son became speechless and in a bad state.

On this matter, surging news learned from Dalian Changxing Island police that Mr. Zhang had received the alarm about his son was slandered as a murderer and rapist. At present, the Institute has filed a case for investigation.

Surging news combing found that in recent years, the cases of rumors and cyber violence in hot events are not uncommon. In 2016, the murder of jiangge was hotly discussed. Liu Xin and his family, a netizen human flesh search and an aunt in Qingdao, unfortunately lay on the gun, received more than 2000 abusive phone calls and text messages in three days. Kuang, a car driver, was rumored to have caused a bus crash at the Second Yangtze River Bridge in Wanzhou District, Chongqing, and was subjected to cyber violence.

In this regard, some lawyers say that it is hard to distinguish the good and the bad from the true. Some netizens think they are doing good and acting for heaven, but some information is defamatory and forged. Human flesh search is often accompanied by violations of other peoples privacy rights. In case of the above violations, the victim can bring a lawsuit to the court. Lawyers also said that using information networks to slander others, rumors were forwarded more than 500 times or can be sentenced.

Human flesh farce: there are more than 2000 abusive phone calls and SMS received by the injured in 3 days

On October 20, a 10-year-old girl in Dalian was killed by a 13-year-old boy named Cai Mou, which aroused widespread concern.

Surging news earlier reported that Zhang, a 14-year-old boy from Changxing Island in Dalian, was filmed and uploaded to the Internet after fighting with others. Some netizens said that he was perfunctory in the face of accusations of shaking his legs. Because his appearance is similar to that of CAI Mou, the perpetrator of the above-mentioned case, Zhang Mou is mistakenly regarded as a murderer. Some netizens published their videos and pictures and abused them.

Such misunderstandings are not uncommon when hot events occur.

At the end of 2016, the case of jiangges murder was widely discussed on the Internet. In November of that year, Jiang Ge, a Chinese student studying abroad, was killed by Liu Xins ex boyfriend in Japan. After the incident, Liu Xin and his family were searched for human flesh by netizens, and an aunt in Qingdao unfortunately lay down her gun.

According to Beijing Youth Daily, Ms. Pan said that since November 12, her mother had been receiving calls from strange numbers, and the call had been connected, and the other side either shouted abuse or did not speak. After hanging up, there are still strange numbers calling. My mother thought that I had offended someone outside, and she was frightened at that time.

According to Ms. Pans rough statistics, in just three days, she received more than 2000 harassing calls and hundreds of abusive text messages. The irresponsible way of netizens really bothers me and my family, Ms. Pan said. When my family and friends cant call, the elderly are scared and cant work well.

On April 17, 2016, an express tricycle collided with a car in a small area of Beijing, the Beijing News reported. The car driver slapped and abused the courier many times after getting off.

Slapping courier behavior ignited the anger of netizens, and the address, telephone number and other information of slapping Mr. Li were quickly made public. In fact, Mr. Li has moved, the owner of the house on the address is Mr. Guo, and one of the phone numbers circulated on the Internet is actually owned by Mr. Rao of Jiangxi, which seems to have evolved into a human flesh farce.

According to CCTV news, Mr. Guos house was bought in March 2016, and Mr. Li, the attacker, has moved away. After the slapping incident came to light, Guo said, he was not worried about people sending things like birthday clothes and paper money to their homes.

According to the previous report, Mr. Rao also received harassment calls from all over the country, as soon as he received the call, the other party always scolded me and threatened me. After receiving more than 800 harassing text messages and phone calls a day, he will stop using his number for four years.

On October 28, 2018, a bus crashed into the river at the Second Yangtze River Bridge, Wanzhou District, Chongqing. At that time, media reported that the bus directly drove into the river to avoid a car.

Later, Ms. Kuang, the owner of the car, was searched by human flesh by netizens. It was rumored on the Internet that Ms. Kuang was driving in high-heeled shoes, which led to an accident. Netizens pointed the finger at Ms. Kuang.

Police later found out that the fight between passenger Liu and driver ran caused the vehicle out of control, causing the vehicle to crash into the normal driving car and fall into the river, causing a tragedy. The cause of the accident has nothing to do with Ms. Kuang.

After the accident, Ms. Kuangs husband told the media that netizens condemnation and related media rumors hurt his wifes self-esteem, and hoped that the media involved would apologize publicly and return her innocence. He reserves the right to pursue damage to his wifes reputation by those involved.

How to protect the rights of innocent victims of cyber violence?

How should victims protect their rights when they are searched by human flesh, rumoured or subjected to internet violence?

In 2015, the media combed ten human flesh search cases and found that only two cases were protected by human flesh by legal means.

Xing Xin, a partner and lawyer of Hunan Jinzhou law firm, believes that human flesh search has certain significance of public opinion supervision, but it is hard to distinguish the good and the bad from the true. Some netizens think that they are doing good and acting for heaven in human flesh search, but most of the information itself is defamatory or forged, which has a serious impact on the victims.

Xing Xin said that human flesh search is often accompanied by violations of other peoples privacy rights, such as reputation right, name right, portrait right, etc.

Fu Jian told the surging news that on September 9, 2013, the Supreme Peoples court and the Supreme Procuratorate issued the interpretation on Several Issues concerning the application of laws in criminal cases such as defamation through information network, which clearly stipulated the criteria for entering the crime of defamation through network: defamation through information network, the same defamation information was actually clicked and browsed more than 5000 times, or transferred. If the number of times of occurrence is more than 500, it shall be deemed as fabricating facts and slandering others with serious circumstances as stipulated in article 246 of the criminal law. According to the criminal law, he will be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Xing Xin said that if the relevant rights are violated due to human flesh search and internet violence, he can file a lawsuit with the peoples court. At the same time, according to the relevant provisions of the tort law of the peoples Republic of China, network service providers shall bear joint and several liability if they fail to fulfill their regulatory responsibilities and obligations.

Xing Xin suggested that Internet users should improve their quality and make clear the protection of privacy. It is not allowed to condemn, slander, slander, threaten or even harass, abuse, intimidate, molest, assault or other behaviors against morality or law in real life. If we use human flesh search purely to trick others, it is not only a violation of other peoples rights, but also a violation of the bottom line of morality.

Source: surging news editor: Li Chao, nb12814