According to a Red Star News report on November 21, recently, the People's Court of Siming District, Xiamen City, Fujian Province announced a case in which a friend of Lulu, a citizen, accidentally discovered that there was a "memorial hall" belonging to Lulu on an online memorial platform.
In this virtual memorial hall that was supposed to be set up for the deceased, Lulu has been commemorated for more than 6 years, with a total of more than 43,000 visits.
Since no real-name registration was implemented, it is impossible to know who set up this memorial hall. The court ruled that the online memorial platform should bear the tort liability.
In recent years, various places have advocated ecological burials and online funerals. In addition to factors such as time and space constraints, the establishment of online memorial halls for the deceased has gradually become a recognized method of commemoration.
Nowadays, there are some memorial halls of deceased celebrities on the Internet, and there are also memorial halls set up by people for deceased relatives and friends. Compared with traditional forms of memorial service, the meaning and function of online memorial halls have not changed.
As early as 2007, relevant departments began to promote more civilized and harmonious memorial methods such as online memorial service, home memorial service, and community public memorial service across the country.
Since the outbreak of the new crown epidemic, online sacrifices have become more and more popular.
According to data published on the website of the Ministry of Civil Affairs, as of the beginning of April this year, there were 2,304 online festival-sweeping platforms across the country, with 6.95 million people visiting the Internet, an increase of 275.7% over the same period last year.
Nowadays, the online sacrifices to commemorate the deceased relatives and friends are used as a tool for spoofing, especially the good living people who have been sacrificed for no reason for several years, which is really infuriating and shocking.
Setting up mourning halls for living people, sending wreaths, and letting them be "dead" and "sacrificed" not only makes people feel unlucky, but also violates public order, good customs and bioethics.
From a certain perspective, the impact of this kind of behavior on victims and their close relatives is no less than that of direct abuse, slander, and insults. Disseminating personal information of victims in cyberspace will also have serious consequences for their privacy, personal safety, and normal life. Many influences.
Compared with those scourges of online violence, such an approach can be called a kind of "soft violence" or "cold violence".
In the above-mentioned cases, another focus of public attention is that the court ruled that the relevant memorial platform should bear the tort liability when the real behind-the-scenes man could not be identified.
This has effectively safeguarded the personal dignity of the victims and sounded the alarm for the relevant platforms.
It has been reported that many memorial platforms have relaxed review or even no checks when users set up "memorial halls" and "memorial halls". Not only can publishers edit content and upload photos at will, they can even use animal headshots and virtual information to build memorial halls ——This kind of operation makes people shudder.
The memorial service platform in the above-mentioned case argued that the real-name registration system had not been implemented when the memorial hall was established, so it could not provide the real name, address, phone number and other information of its founder, so it should not bear the responsibility.
Such reasons are obviously not convincing.
Death is undoubtedly an extremely serious matter. As an operator of related businesses, how can he not even have some basic information?
For example, death certificates and cremation certificates issued by relevant departments will not be reviewed?
From a legal point of view, network service providers should perform strict review obligations to prevent network users from using network platforms to commit torts. If they know or should know that network users use their network services to infringe on the civil rights and interests of others, and fail to take necessary measures, they will be punished with the network. Users are jointly and severally liable.
It can be seen that the failure to exercise management authority prudently and legitimately, leading to the expansion of negative impact on victims, ineffectiveness in stopping cyber violence, and failure to take timely remedial measures also need to be held accountable.
On the eve of the Ching Ming Festival this year, the State Cyberspace Administration of China has deployed and carried out the standardized management of online sacrifices during the Qing Ming period, which clearly requires the website platform to improve the management system and rules, earnestly fulfill the main responsibility of information content management, strictly prevent living people from being worshiped, and set up online monuments at will Construction network tomb and so on.
Compared with post-event punishment, it is more conducive to avoiding similar incidents to prevent similar incidents by pre-empting risks, consolidating the responsibility of the main body, and preventing from the source.
Undoubtedly, a green, healthy and civilized way of paying homage to the Internet needs to be advocated, but it must also be regulated and supervised.
The above-mentioned cases are a warning to the relevant platforms and many similar platforms. It is necessary to strengthen self-examination and self-correction, improve relevant procedures and review mechanisms, and resolutely not become an accomplice of other people's "violence". This is not only about the clarity of cyberspace , and it concerns everyone's rights and lives.
Ziyu