Who is responsible for the accident in taking "Internet celebrity photos" at risk?
The lawyer believes that if the business manager has fulfilled the duty of safety tips and protection, tourists should be responsible for their own behavior when filming
"Is it really good for you to climb up like this?" Recently, a netizen gave such a comment on the photos posted by an Internet celebrity in Shanghai. It is understood that two women, including the Internet celebrity, climbed up the guard booth with their own ladders and sat on the top of a security guard booth to take photos. This practice has been questioned by many netizens as having serious security risks. The staff of the local street office told a reporter from Beijing Youth Daily on April 4 that they had learned that "two girls climbed up to the security booth to take pictures and check in", and that the guard box was being demolished for safety.
In recent years, controversy has been caused by some netizens taking Internet celebrity photos and videos regardless of the danger, and some places have even taken the initiative to smash the Internet celebrity landscape in order to protect the safety of selfie-takers. Legal sources said that Internet celebrities themselves are responsible for their own actions, and in order to avoid safety problems caused by people taking photos of Internet celebrities, relevant operators and managers should fulfill sufficient security obligations. For Internet celebrities who do not listen to dissuasion, they can call the police for assistance. Platforms for publishing Internet celebrity photos and videos should also strengthen supervision and restrict Internet celebrities who take risks through various forms.
event
Internet celebrities climbed up to the security booth to take pictures
Street Office: The guard box is being demolished
Recently, a set of photos posted by Internet celebrities on the Xiaohongshu platform caused controversy. In the photo, two girls can be seen sitting on chairs with a small table next to them, and a large white wooden hydrangea can be seen in the background, as if the two are picnic. Later, some netizens posted photos from another angle, and they could see that the two girls were actually sitting on a simple board room, about two or three meters away from the ground.
Many netizens think that there are serious safety risks for Internet celebrities to take photos on the roof, and some netizens asked the Internet celebrities who posted them: "Is it really good for you to climb up like this?" Climb up like this and bring these things, in case you don't take it well, you will fall and hit the people below. In response, the Internet celebrities who posted responded that they brought their own ladders to climb the guard box, and announced that they would go to the park next time to be a "tree bully", shaking trees while picking a few hydrangeas.
It can be seen from the comment area of the Internet celebrities involved that the location of their shooting was near the Caohejing subway station in Shanghai. On April 4, the Beiqing News reporter contacted the Hongmei Street Office in Xuhui District, Shanghai, where the filming location belonged, and the staff of the street office said that the simple panel house is a security guard box, located near Caohejing Park, Xuhui District, and the scenery is beautiful when the flowers bloom in spring, and people often go to take photos and check in. Previously, the street office has also been prohibiting uncivilized photography and discouraged and guiding it. At present, the street office has learned about the incident of "two girls climbing up the security booth to take pictures and check in", and has further strengthened the supervision and management of related behaviors.
The street office said that after the situation of Internet celebrities climbing up the sentry box to take photos was discovered, the relevant agencies have begun to dismantle the sentry box, and the air conditioner and other items in the sentry box have been removed. In addition to the staff of relevant agencies to strengthen patrols and duty at the scene, a notice saying "no climbing" was also posted on the outside wall of the security booth. "When we went to the scene this afternoon, there was not much left in the security booth. Only street and urban management staff are maintaining order at the scene, and no one will climb to the security booth to take pictures. ”
Chaos
Adventure selfies are common
"Test gallstones" and zebra crossings are hot spots
The Beiqing News reporter noticed that in recent years, it is not uncommon for netizens to take photos and videos of Internet celebrities, regardless of their own and others' safety, causing controversy.
Recently, many tourists went to a cliff in Hejian Town, Anyang, Henan Province to take photos, where there is a huge rock on the cliff, like a tongue hanging out of the cliff for several meters, so it is called "test gallstone" by netizens. Some tourists sat on the "test gallstone" to take pictures and uploaded them to the online platform to attract other netizens to like it.
In the photos taken by some netizens, it can be seen that there has been an obvious crack in the connection between the so-called "gallstone" and the cliff, which has also caused many netizens to worry. On April 4, a government worker in Hejian Town told a reporter from Beiqing News that this "gallbladder stone" is not an informal ticketing scenic spot or attraction, and that the town and village have previously set up reminder signs to remind tourists not to approach, but there are still tourists who go up to take pictures. Because of the fear that tourists will take pictures of "test gallstones" accidents, the local area has smashed the "test gallstones".
In January this year, according to Shanghai media reports, some netizens took selfies on a meter box opposite the CITIC Tower in Shanghai, saying that they could photograph themselves and the three high-rise buildings of the World Financial Center, Jin Mao Tower and Shanghai Tower at the same time. Due to the danger of people standing on the meter box, the local area has put a number of "no climbing" signs on the meter box.
A similar situation occurred in Luoyang, Henan Province, where in May 2022, a zebra crossing in Luoyang, Henan Province was painted with love and other patterns, attracting the attention of many citizens. However, in the following days, some citizens reported that some people stayed on the zebra crossing for a long time to take pictures, and even some people lay on the zebra crossing in order to take the effect of taking Internet celebrity photos. In response to this matter, the traffic police detachment of the Luoyang Public Security Bureau issued a document confirming that since the establishment of the "Love Zebra Crossing", there have indeed been people staying on the zebra crossing to take photos and videos, which has affected traffic order and traffic safety. Although the local traffic police department has strengthened the command and guidance of the police force, there are still hidden traffic safety hazards. The traffic police department reminds the general public: when passing through the zebra crossing, pass quickly, do not stay, let alone take photos, videos, etc., to avoid traffic congestion and traffic accidents.
Since then, local media reported that relevant departments cleaned up the net red zebra crossing overnight and restored it to its original appearance.
measure
Little Red Book has published a reminder
"The shape is beautiful, safety is more important"
Many netizens believe that they should not take safety risks in order to take good-looking "Internet celebrity photos", and some netizens say that this behavior is neither responsible for themselves nor for others.
Under the post of climbing the security guard to take photos this time, many netizens expressed similar concerns. The Beiqing News reporter noticed that on the afternoon of April 4, a reminder message from the station appeared on the post released by the Internet celebrity, saying that "the shape is very beautiful, safety is more important, please follow local regulations when playing."
In response to this matter, the Beiqing News reporter contacted the customer service staff of the Xiaohongshu platform, and the customer service staff said that at present, all users need to abide by the platform's community conventions and community norms when using the account to publish notes. If users find that some notes are unfriendly, uncivilized, dangerous, deceptive, etc., they can report it. Reviewers will verify the relevant notes within 24 hours and inform the user of the processing result.
The customer service staff of the Xiaohongshu platform said that the platform will also check and verify the dangerous content raised by netizens from time to time, and deal with the relevant content in a timely manner.
point of view
Visitors who do not listen to the dissuasion can call the police for help
If a tourist is in danger during the risk of taking an online celebrity photo, what legal liability will the parties involved face? Han Xiao, a lawyer at Beijing Kangda Law Firm, said that according to the Civil Code, operators and managers of hotels, shopping malls and other business places or public places, or organizers of mass activities, who fail to fulfill their security obligations and cause damage to others, shall bear tort liability. If the relevant operators and managers have fulfilled their sufficient safety reminder obligations, and set up relevant security facilities to fulfill their security obligations, then the relevant operators and managers do not need to be liable.
Han Xiao said that tourists should be responsible for their own behavior when filming, and if tourists clearly know that a certain behavior is dangerous, but ignore relevant safety tips, avoid relevant safety facilities by overturning, destroying, dismantling and other means, and eventually cause personal damage, they shall bear relevant responsibilities.
Han Xiao believes that in order to avoid safety problems encountered by people taking online celebrity photos, relevant operators and managers should fulfill their obligation to give sufficient reminders in advance, and set up relevant security measures to fulfill sufficient security obligations.
For the potential safety hazards found, the potential safety hazards can be eliminated by setting up isolation belts, guarding or dismantling relevant facilities. For tourists who do not heed the dissuasion, the relevant operators and managers should first collect evidence of their dangerous behavior through video and other means, inform them of the danger, and discourage them from carrying out dangerous behavior; If you do not heed the dissuasion, you can call the police and request assistance in maintaining order.
At the same time, Han Xiao said that the platform for publishing Internet celebrity photos and videos should also strengthen supervision, and the platform should not advocate relevant videos and photos taken with dangerous behavior, and restrain people who insist on going their own way regardless of risks through conventions, penalties and other forms.
This group of text/reporter Qu Chang intern Zhang Zheng
Coordinator/Jiang Shuo