China News Service Client, Beijing, May 12 (Reporter Wu Tao) Recently, Didi invited all sectors of the society to discuss whether to support the publicity of sexual harassers in vehicles, and said that they will refer to the results of the discussion.
Support or oppose? Netizens have different opinions.
Netizens' main point of view. Screenshot
Sexual harassment is "complex and diverse"
According to Didi, on the Didi platform, there have been cases of drunk male passengers harassing female drivers; there have also been cases where male passengers demanded Wechat from female drivers; and there have been cases of male drivers being complained of playing indecent videos during the order process.
Sexual harassment can be described in a variety of ways. For example, a male driver and a female passenger chatted that they were doctors, and they could check the physical condition of the passengers. After the passengers agreed, the driver took the opportunity to touch the passengers several times. After police confirmed that the driver was not a doctor.
It is interesting that in many cases drunk passengers sexually harass drivers. In December 2019, Didi's first drunk ride data released revealed that most of the complaints about sexual harassment by passengers in drunk rides are verbal harassment complaints. In a small number of physical harassment complaints, drivers accounted for 87.6% of passengers and passengers complained of drivers accounted for 12.4%.
Didi said that public transportation, workplaces and campuses are currently generally considered to be high-risk areas for sexual harassment. Sexual harassment incidents not only undermine public safety, disrupt normal social order, and even threaten life safety. How to prevent sexual harassment has always been an international problem. "Once the sexual harassment incident is verified, regardless of whether the sexual harassment party is a passenger or a driver, the platform will be strictly controlled."
In 2015, a survey of 1,899 people by the China Youth Daily showed that 53.4% of the respondents had experienced sexual harassment on the bus or subway, and 51.7% of the respondents had not received help from others when they encountered sexual harassment.
Some netizens commented. Screenshot
Supporters: Without exposure, these people will become more and more rampant
After the discussion was launched, many netizens expressed their support. As of 11 o'clock on May 12, nearly 400,000 people had read the relevant content, and nearly 40,000 people left messages to express their views. 89% of them expressed support for this, believing that the sexual harasser in the car was publicized.
Many netizens believe that "public sexual harassment has a deterrent effect and reduces the incidence"; "giving sexual harassment in the car nowhere to escape"; "can strengthen the awareness of drivers and passengers."
"I think sexual harassers not only need to be publicized, but also included in the credit reporting system and the public security system for the record." "It must be supported and not exposed, these people will become more and more rampant."
Another situation is invisible sexual harassment. Some netizens said that many of the topics privately discussed by driver masters have already constituted harassment of the opposite sex, but they do not feel that they are the only best choice.
Some netizens told their own experiences, "The driver in the car has been telling yellow jokes, which scares me not to move. I dare not say a word."
Some netizens commented. Screenshot
Opponents: Leaking personal privacy, Didi has no law enforcement power
There are also some people who believe that although "the forest is big and there are birds", publicity can play a preventive role, but when it comes to privacy, you still need to be cautious.
"Didi is not a law enforcement agency, and it is not appropriate to directly disclose personal information." "Sexual harassment is difficult to grasp the scale, easy to make a fuss." "Whether it constitutes sexual harassment can not be based on one side, it must be evidence, once the rights are abused, the consequences are unimaginable. "
Some netizens believe that publicity is not allowed, and punishment must be made by law; if only publicity is made, no punishment is imposed, the responsibility is too light, and there is no deterrent.
Some netizens have a more neutral view. "Want to ask, how does female drivers harass male passengers, and how do female passengers harass male drivers?" "It is recommended to only publish sexual harassers permitted by laws and regulations and filed by the police."
Interestingly, some netizens believe that “drivers who sexually harass passengers should be publicly announced, and passengers who sexually harass drivers should not be publicly announced.” Some netizens immediately refuted this. “Someone chose 'only publicize drivers, not publicize passengers'. It's so nasty in my heart that I vomited. "
Data Map: People use online car-hailing services. China News Agency reporter Wu Junjie photo
——It is illegal to characterize the platform and publicize it will violate personal privacy
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law and vice president of the Beijing Law Society's E-Commerce Rule of Law Research Institute, said in an interview with a reporter from ChinaNews.com, "I don't agree with disclosure, stopping sexual harassment and publishing the list of sexual harassers are two different things."
Zhu Wei said that as a platform for car-hailing, there are certain rights to punish, such as dismissing drivers, etc .; but to directly publicize sexual harassers, Didi does not have this right.
"And how to determine whether it is sexual harassment? The platform can't determine, it is best to save the evidence, do a good job of prevention and alarm. If Didi directly characterizes this behavior and publicizes it, it is an illegal act, which leads to violation of personal privacy." Zhu Wei said.
——Publicity has a deterrent effect and should follow the principle of proportionality
Zhao Zhan, deputy director of Beijing Zhilin Law Firm and a special researcher of the Intellectual Property Research Center of China University of Political Science and Law, said in an interview with a reporter from China News that this involves a long-controversial topic, that is, the privacy rights of criminal suspects and the public How to balance the right to know.
"If the perpetrator does not reach the level of the suspected crime, it may only be a general illegal act. For example, the male passenger asks the female driver for WeChat without any other behavior. If the information is publicized, it may violate the 'principle of proportionality.'"
"If the perpetrator is not involved in a criminal offense, but just violates the law on public security management and punishment, and has been given a warning, fine, or detention by the public security organ, he can publicize his personal information to a limited extent."
"If the perpetrator did not violate the law on public security management and punishment, it may just be 'misconduct', and the plot is significantly minor. In this case, it is completely inappropriate to publicize his personal information."
Zhao Occupation also said that publicizing the information of sexual harassers in the car really has a positive meaning, which is both a punishment for the perpetrators and a deterrent to others. However, the act of publicity should be done cautiously, the presumption of guilt should be avoided, the principle of proportionality should be followed, and the lawful rights and interests of the actors such as privacy should be respected.
What do you think? Do you support publicizing sexual harassers in cars? (Finish)