河北寻亲男孩轻生网暴被指是重要诱因

  “键盘侠们的狂欢”该结束了

  □ 本报记者  赵 丽

  □ 本报实习生 杨轶男

  “阳光照在海面(上),我也归于大海。从这里结束自己的一生,也带走了这个世界上最美的风景。”

  1月24日凌晨,河北寻亲男孩刘学州发微博长文,诉说自己被生父母出卖、养父母身亡、遭受校园欺凌猥亵以及被网暴的一生。当日中午,三亚警方证实刘学州在三亚自杀身亡。

  多位接受《法治日报》记者采访的专家认为,个人生活经历、性格以及寻亲过程中遭遇的挫折,再加上网络上的一些粗暴指责,在这些综合因素的作用下,悲剧发生了。其中,网暴是刘学州自杀的重要诱因。

  良言一句三冬暖,恶语伤人六月寒。近年来,随着互联网的发展,网暴事件不断出现,不仅污染了网络环境,更直接或间接导致多个悲剧发生。专家建议,采取网络实名制、加强执法、强化平台监管责任等措施,严格界定情与法的边界,避免网民成为悲剧背后那双推波助澜的手。

  寻亲男孩身亡

  网暴难辞其咎

  刘学州大概3个月大的时候被养父母抱养,养父母意外去世后,他被老人抚养长大。2021年12月15日,山西临汾警方通过DNA找到了刘学州亲生父亲所在的家庭。2022年1月17日,刘学州在社交平台发布因与亲生父母产生矛盾而被亲生母亲拉黑的截屏和通话录音,称再遭亲生父母遗弃,并否认矛盾因其要求“买房”而产生。

  但网暴者以刘学州要求“买房”为由开始了肆意攻击:有网友私信刘学州的社交平台账号称“太恶心了你”;有网友称其“炒作”“立人设”,利用网友的善良博取同情心;还有网友质问他为什么啃老……

  2022年1月24日凌晨,刘学州定位三亚发布“生来即轻,还时亦净”的告别文章,这封绝笔信提到:“有很多人来骂我、讽刺我、诬陷我、诽谤我,对我评论和私信人身攻击,我看到后很难过。”

  刘学州的朋友林霞(化名)在接受媒体采访时说:“网络暴力是压死他(刘学州)的最后一根稻草。”

  According to Li Huaisheng, director of the Institute of Cyber ​​Law at China University of Political Science and Law, netizens may evaluate others' behavior based on their own life experiences and daily rationality. This evaluation seems objective, fair and logical, but it is easy to lose sympathy and common sense. Even if the relevant comments are carried out under the "personality" and "situation" shaped by the media, it may be completely contrary to the truth.

Liu Xuezhou's life is tragic and worthy of sympathy. He hopes to find his biological parents, get some financial help from his biological parents, and have a home.

As a minor, this kind of thinking is normal and reasonable.

However, when some netizens commented, they would abstractly regard Liu Xuezhou as a very rational person, think that Liu Xuezhou's demands on his parents are excessive, or that Liu Xuezhou's behavior is more utilitarian.

In this process, these netizens seem to be upholding justice, but they are actually engaging in verbal violence.

  "Netizens should be wary of getting lost in 'upholding justice' and changing from 'speaking justice' to simply venting negative emotions. Especially when they don't really understand the emotions and life experiences of the parties themselves, don't easily stand in the hands of a third party. , to judge the lives of others from a rational perspective that seems to be objective and fair," Li Huaisheng said.

  Investigate responsibility for cyber violence

  Reality is difficult

  The case of Liu Xuezhou being attacked by the Internet is not an isolated case.

With the development of the Internet, cyber violence incidents continue to appear: In 2018, a female doctor in Deyang, Sichuan had a conflict with others in the swimming pool, and finally committed suicide because of the unbearable cyber violence; Zhao Ruirui, the former deputy attacker of the Chinese women's volleyball team, once posted on social media that she died in 2004. After years of fatigue fracture, he was attacked by many malicious people on the Internet...

  The reporter combed and found that there is no such thing as "cyber violence" in law.

According to Meng Qiang, director of the Civil Code Research Center of the Law School of Beijing Institute of Technology, the Civil Code has some provisions on the right to reputation and portrait rights. Civil liability, but there are exceptions, such as fabrications and distortions, failure to perform verification obligations, and use of insulting words to demean others’ reputations.

Therefore, whether it involves cyber violence depends on the degree of the comment. If netizens deliberately distort and fabricate facts or obviously use insulting words, it is cyber violence and constitutes infringement.

  Experts interviewed believe that although my country has promulgated relevant regulations such as the Regulations on the Administration of Internet Electronic Bulletin Services, the Measures for the Administration of Internet Information Services, and the Convention on Civilized Internet Self-discipline, due to the rapid development of the Internet, traditional laws and regulations cannot fully apply to these regulations. There are some omissions in this change.

This is also the reason why many people encounter cyber violence to defend their rights.

More importantly, the person who launched the cyber violence attack did not use a real-name account on the social platform. Even if the party files a lawsuit for defamation, it is difficult to find the object of the lawsuit.

  "In the Liu Xuezhou incident, some netizens ridiculed or criticized his behavior, and some netizens commented excessively. However, due to the real name in the backstage and the anonymity in the frontstage in the cyberspace, these netizens are rarely and hard to be held legally responsible. As a result, they may use the Liu Xuezhou incident as an outlet for their emotions under the psychological effect of not blaming the public, act recklessly and make negative comments at will." Li Huaisheng said.

  In Li Huaisheng's view, in recent years, there are three main reasons why cyber violence has repeatedly caused tragedies but is difficult to manage: First, in a specific cyber violence incident, it is difficult to determine the causal relationship between behavior and outcome.

For example, in the Liu Xuezhou incident, it is difficult to prove that Liu Xuezhou committed suicide because of a certain sentence from a netizen;

  Secondly, in the process of participating in the discussion of the incident, the attitudes of netizens are also different. Some are relatively extreme, some are extremely extreme, and some are relatively mild. What kind of responsibility allocation should each person perform in this process? It is difficult to determine under the legal framework, so this is not a problem of lack of legislation, but a problem of law enforcement;

  Third, there are a large number of netizens, and online supervision has objective limitations. For example, it is difficult for online platform supervisors to stop some bad behaviors in the first place, and it is also difficult to grasp the degree of freedom of speech and online violence.

  "Many cyber-violence incidents actually reflect the lag in the construction of cyber ethics. The moral standard on the Internet is obviously weaker than in the real world. In addition, the legal accountability in the Internet is difficult, the cost of rights protection is high, and the standard of proof is also high and objective. This has caused many people to feel confident." Li Huaisheng said.

  Strengthen platform responsibility

  step up enforcement

  Some legal persons have suggested that the implementation of the online real-name system can curb the occurrence of some adverse events and is an effective way to solve cyber violence.

If social platforms effectively implement the online real-name system, at least there will not be a situation where small accounts and private accounts are flying all over the sky, and there will be no situation where slandering, slandering, slandering, and personal attacks on others can go unpunished on the Internet.

  在受访专家看来,只靠网络实名制还不够,还需要提供具体联系方式,这样才能方便受害人起诉。并且,作为网络互动行为发生的重要载体,网络平台应该在网暴治理中处于重要环节。

  1月24日下午,针对“寻亲男孩刘学州事件”,微博社区管理官方微博发布消息称,根据用户举报投诉,社区未成年人保护专项团队对相关泄露当事人个人隐私、挑动矛盾纠纷的违规内容进行排查清理,清理内容290条。随后,微博社区管理官方微博称拟上线两个新功能:一键开启“防暴模式”,开启后用户能够在可选时间内,隔离未关注人的评论和私信攻击;当用户收到大量非正常评论时,将弹窗提示用户是否开启隐私防护功能。

  “平台作为互联网服务提供者,对于网络用户所实施的侵权行为,也负有一定的沟通、审核、采取必要措施等义务,在一定情况下也可能要承担一定的责任。遭遇网络侵权时,权利人可以及时与平台联系、请求平台提供必要的帮助。因为平台有这样的能力,可以根据权利人的投诉从后台对过激言论进行及时处理。”孟强说,对于明显侵权的言论,平台应该及时处理。

  李怀胜则认为,在目前相关法律比较完善的情况下,还要关注网络社会综合治理的问题:应当强化主体责任,对于网络中一些较为极端的社会热点事件的评论、侵犯他人隐私以及对他人进行人身侮辱和攻击的评论要及时进行监管,发现一些违法信息及时进行处置,如果有些信息涉嫌犯罪,就要保存相关线索向国家有关机关汇报。可以对一些典型案件依法查处,宣示对网络暴力零容忍的态度,引导网民遵纪守法、谨慎地行使自己的权利。有关部门尤其是社区、当地派出所等,还要加强与本人的沟通和联络,发现被网暴当事人有异常现象时,要及时进行心理疏导,提供救助。

  "The Internet is not a place outside the law. No one can act recklessly on the Internet. When victims encounter infringements on the Internet, they must also take up legal weapons in time to protect their own rights and interests. According to the Civil Code, Personal Information Protection Law and other regulations , complain to the platform first and save the evidence. During the process of the victim's rights protection, the platform is obliged to communicate, and when the evidence presented by the victim is more authentic, the platform is also obliged to take measures such as deletion, disconnection, and shielding in a timely manner. If the platform deliberately fails to take measures, resulting in the expansion of the damage and consequences, the platform must bear the corresponding responsibility." Meng Qiang said, in addition, relevant regulatory authorities should also strengthen law enforcement.

  Liu Xuezhou said in a long post on Weibo that he left some evidence and recordings to the police in his mobile phone photo album, hoping that those who commit cyber violence will be punished.

This is an indictment of cyberbullying.

How many tragedies will happen if cyber violence is not eradicated?