Does the website publish false information and infringe upon the rights and interests of others constitute infringement? Recently, the People's Court of Qingyang District concluded a dispute over network tort liability in which a catering company sued a well-known website for publishing false information, damaging the company's reputation and affecting its operation. After trial, the court finally rejected the plaintiff's claim for catering company on the grounds of timely deletion of posts on the website and elimination of influence. On July 28, 2011, the blog section of the defendant's website published a blog about the use of gutter oil in a chain restaurant owned by the plaintiff company. On August 1 of the same year, the blogger continued to publish articles on the process of producing gutter oil in the shop on the website, starting with secret interviews by journalists. The plaintiff company believed that the false information published on the defendant's website had caused a huge impact on the plaintiff's public image and normal operation. It immediately filed a lawsuit and requested the court to judge the website to immediately stop the infringement and eliminate the impact. The website deleted the content involved in the case as soon as it learned that the reproduced article was suspected of infringing the plaintiff's rights and interests.
After the trial, the court held that the plaintiff company did not contact the website to deal with the matter at the first time after finding that the website published and reproduced untrue articles. After the court sent the copy of the plaintiff's statement of complaint, subpoena, notice of proof and other legal documents to the defendant, the defendant's website immediately deleted the article, video, etc. published on its blog. It should be determined that the defendant has fulfilled its legal obligations and the fact of infringement no longer exists, so the catering company's reason for claiming that the website should stop the infringement and eliminate the impact is untenable, The court did not support his claim. Chen Xuezhu, Zhong Rongjuan, our reporter Chen Di
The judge said
If the plaintiff contacts the website in time
Better and faster processing
According to Article 36 of the Tort Liability Law of the People's Republic of China, "if network users and network service providers use the network to infringe upon the civil rights and interests of others, they shall bear tort liability... If network service providers fail to take necessary measures in time after receiving the notice, they shall bear joint and several liability for the expanded part of the damage with the network users." In this case, The website deleted the content immediately after receiving the legal document from the court, so it is determined that the website has taken necessary measures in a timely manner, which does not constitute network infringement.
After the plaintiff found the infringement of online articles, he chose to sue to the court. If the victim finds that the online article infringes, he or she will directly connect with the network service provider, and the processing will be faster and the effect will be better.
