"A complete guide to super scenic spots", "A good place to tread water in summer"... Some platforms ignore the sharing of netizens' "wild scenic spots"——
Disorderly sharing on the platform or joint tort liability
Our reporter Tao Wen
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Recently, the incident of undeveloped "wild scenic spots" causing casualties among tourists has attracted attention.
Why is the "wild scenic spot" popular?
Who is responsible for the safety of tourists?
How to avoid similar Longcaogou incidents from happening again?
During the questioning, people turned their attention to the platform for information release.
"A complete guide to super-beautiful Internet celebrity attractions", "A good place to tread water for free in summer", "Too much film, it's a treasure photo place"... On some social platforms, short video platforms, and travel travel recommendation platforms, similar travel recommendations Not uncommon.
When choosing a travel destination, many people are accustomed to "investigating" online first and refer to other people's travel experience.
Recently, a flash flood occurred in Longcaogou, Longmenshan Town, Pengzhou City, Sichuan Province, killing seven tourists and injuring several others.
Longcao Valley, which was originally a key area for local flash flood prevention, turned out to be a popular spot for Internet celebrities on social platforms.
Why is the "wild scenic spot" popular?
Who is responsible for the safety of tourists?
How to avoid similar Longcaogou incidents from happening again?
People in the legal profession believe that relevant government departments should strengthen safety management, platforms should assume social responsibilities, strengthen the review of travel content involving safety risks, and tourists themselves should also strengthen safety awareness.
Who is luring tourists to untapped internet celebrity attractions
Tourism enthusiast Xixi once saw a blogger recommend the wild waterfall in Yangpidong near Anliu Town, Qingzhen City, Guizhou Province on a certain platform. Xixi went with a few friends, but she did not expect that this travel experience has made her tremble.
"The scenery is beautiful, but I didn't expect the road to be so dangerous." Xixi told reporters that it would take more than 10 kilometers to reach the market town, and the car could not reach it directly. It is one person wide, and there is a cliff next to it, and it may fall off if you are not careful.
Dai Bin, president of the China Tourism Academy, said in an interview with a reporter from Workers Daily that the reason why many undeveloped scenic spots have become Internet celebrity check-in places is that more and more people are pursuing personalization and preferring self-help travel.
Especially during the epidemic, popular scenic spots have limited staggered peak requirements. Some tourists want to travel nearby and travel freely, so they choose undeveloped scenic spots with fewer restrictions.
The reporter searched for "undeveloped scenic spots" on a social sharing platform and found a lot of content including jungles, deep mountains, waterfalls, water pools, etc., and most of them were wild and secret places.
"The more niche the route is, the less safety facilities are available, and some are even geological disaster sites, prone to natural disasters such as mudslides, mountain torrents, landslides, and extreme weather." Dai Bin reminded.
Xiaohongshu travel blogger Yihu Tianya told reporters that in the transitional zone between the mountains and the plains in western Chengdu, there are many valleys similar to Longcao Valley. These places have a common feature, that is, they are undeveloped and wild. Naturally, the scenic spot does not require tickets, people will barbecue and camp here, and there are also parking lots, farmyards, etc. around, so the travel autonomy is strong, and the Internet celebrity traffic attracts, so it has a strong appeal to many tourists." But Yihu Tianya It is also believed that these places generally have a low safety factor, and once extreme situations occur, it is easy to threaten life safety.
Platforms and publishers should do their duty to remind
Recently, it was reported that two tourists fell off a cliff on the way to the Yangpi Cave and suffered a broken leg and head injury.
Previously, there was another woman who accidentally climbed the mountain in the Yangpidong Scenic Spot and was unable to walk due to her ankle injury. Finally, the fire rescue personnel rescued the trapped people by fixing ropes and rotating their backs.
In August 2019, a flash flood occurred in Bixia Gorge in Hefeng County, Hubei Province, killing 13 people, all of whom were tourists from other places.
It is reported that Dodge Gorge is also an undeveloped scenic spot.
Xixi said that there are many recommendations for undeveloped scenic spots such as Yangpidong on social platforms, but few people warn that these places are dangerous and need to travel with caution, and the platform does not make any labels on these recommendations.
Liu Junhai, a professor at the Law School of Renmin University of China, believes that the lack of safeguards and complete safety facilities for the "wild scenic spots" of Internet celebrities can easily lead to blind spots for consumers' life safety.
"For the relevant content of undeveloped scenic spots published by some platforms, the platform has the obligation of safety reminder and content review, and the publisher also has the obligation of risk reminder, otherwise it may violate the obligations and responsibilities of protecting the personal safety of potential tourists stipulated by law and constitute infringement. "Liu Junhai said that the platform cannot evade the social responsibility that it should take on the grounds of sharing with netizens.
Ge Weichao, a lawyer from Beijing Weibo (Xi'an) Law Firm, believes that according to Article 1172 of the Civil Code, if two or more persons commit tortious acts and cause the same damage, if the size of the liability can be determined, each of them shall bear the corresponding responsibility. ; If it is difficult to determine the size of the responsibility, the responsibility shall be assumed equally.
"Undeveloped scenic spots have safety risks. Based on the joint tort theory of unintentional contact in tort law, that is, two or more people have no common intention or common fault, but if their separate acts are indirectly combined and the same damage occurs, the magnitude of the fault should be determined according to the size of the fault. Or the proportion of the reasons shall bear the corresponding liability for compensation. That is to say, if the platform and the publisher fail to fulfill their obligation to remind and lead to the occurrence of infringement, they may also need to bear the responsibility.” Ge Weichao said.
Solving the safety problems of "wild scenic spots" requires multi-party efforts
In response to the safety issues of the Internet celebrity "wild scenic spots", Ge Weichao said that on the one hand, local governments should fulfill their obligations of reminder and management, make corresponding signs and measures, and promptly strengthen inspections and the investigation of potential safety hazards.
On the other hand, for users to publish content related to "wild scenic spots" on social platforms, the platform should fulfill its safety reminder obligations and content review obligations.
If the "wild scenic spot" uploaded by the user does not belong to the official scenic spot, the platform should not recommend only based on the popularity, but should carefully check the category, and mark or prompt on the content posted by the user, please go to the public after verification. Blind notation and recommendation.
Liu Junhai said that it is the responsibility of the platform to keep the soil. It can use big data analysis technology to review and analyze the content released by users, and timely discover the huge hidden risks and hidden dangers of consumer safety behind the "wild scenic spots".
It is necessary to remind in obvious areas that this place has not been approved by the tourism authority, has no security facilities, and is an undeveloped area. Netizens need to make careful decisions. The platform recommends not to go, and remind users that the opinions of other publishers do not represent the platform's views.
Zhao Hu, a lawyer from Beijing Zhongwen Law Firm, believes that in addition to the platform should assume corresponding social responsibilities and strengthen the review of content involving security risks, it is necessary to prevent or reduce similar incidents in Longcaogou, and relevant government departments have even more It is obliged to strengthen safety reminders. For relatively dangerous undeveloped areas, the local government should take preventive measures, such as setting up warning devices or slogans warning tourists not to enter.
"Tourists themselves should also establish a rational, safe and civilized consumption concept, do not follow the wind to catch up with hot spots, and try to choose regular tourist attractions." Liu Junhai said.