current position:Home>Netizens editing encyclopedia entries involving infringement Baidu was sentenced to 6 yuan

Netizens editing encyclopedia entries involving infringement Baidu was sentenced to 6 yuan

2022-05-07 23:47:47Network pusher

People's Network Beijing 8 month 22 (Reuters) ( Reporter xiaojinbo 、 Intern Shi Chen ) Because I think Baidu users are “ Baidu Encyclopedia ” The editing of his late father's entry infringed on his father's reputation , Zhao sued Baidu company to Beijing Internet court .8 month 21 Japan , First instance judgment of the court : Baidu company constitutes infringement , They should bear civil liability , The notice of apology should be published in a prominent position on the page of the entry involved in the case , Apologize to Zhao , Eliminate the influence and compensate Zhao for his mental damage 6 element .

 Netizens edit encyclopedia entries involving infringement Baidu was awarded compensation 6 element


plaintiff : His father “ entry ” Be modified , Baidu has audit fault

The plaintiff Zhao said ,2013 year 1 month 、6 month , Baidu users to Zhao's father “ Baidu Encyclopedia ” Edit the entry twice , To join his father is “ Da Wen thief ” Words and expressions 、 Delete the opera script in his father's masterpiece 《 red coral 》. The above act of adding insulting words “ Baidu Encyclopedia ” The editor reviews the release and keeps it until 2018 year 7 month ; His father's masterpiece has not been restored . Zhao thinks the act infringes on his father's and his family's right of reputation , Baidu company's review of the entry editor is wrong , Should undertake to stop the infringement 、 To restore to the original 、 Apologize 、 Legal liability for damages .

The defendant : executed “ notice - Delete ” obligation It has no prior review obligation

The defendant Baidu company argued that it had fulfilled its legal obligations , There should be no legal liability . First of all , As a network service provider , Baidu Inc has fulfilled “ notice - Delete ” obligation . second , Baidu is not the publisher and provider of the articles involved , I don't know or have the ability to know in advance that the articles involved exist in the network products involved , The current law does not impose the obligation of prior review on Internet service providers . Third , As a network service provider , Baidu company has fulfilled the legal obligations of prompt in advance and supervision afterwards . Fourth , Baidu company has provided the registration information of Baidu users involved in the case to the court according to law .

court : Baidu company constitutes infringement They should bear civil liability

Beijing Internet court finds , Baidu users involved in the case cover up Zhao's paternal opera by deleting the content of the entry 《 red coral 》 The author's actions , It will affect the reality of Internet users 、 A comprehensive understanding of his father's life and his representative works , To a certain extent, it causes the consequence of the reduction of his father's social evaluation . At the end of the words involved in the case, add obvious professional ethics to the father of Zhao 、 To insult one 's personality 、 Derogatory remarks , be based on “ Baidu Encyclopedia ” Openness , The above content will be displayed to non-specific Internet users for five years , Seriously damaged the reputation of Zhao's father .

Created by users 、 Knowledge sharing and opinion expression involved in the process of editing entries , There is a risk of infringement . Especially for the editing of characters , Because it involves the evaluation of the characters , Plus the operation mechanism that everyone can edit , It's easy to be subjective 、 Emotional and specific expressions . So Baidu company for “ Baidu Encyclopedia ” There is no doubt that the supervision of the editors of character terms needs to be enhanced . Besides , Baidu company has never provided the court with the user agreement applicable to the editing of the entry by Baidu users involved in the case 、 Editorial rules , We should bear the consequences of the impossibility of proof . Baidu users involved in this case edit the entries involved twice , None of the references , There is no objective basis for the modification , But all passed in a short time . It shows that Baidu company has not taken effective measures to prevent and control the risk of editing character entries .

Baidu company in can know when the network user uses its network service to infringe upon the civil rights and interests of others , Not taking the necessary measures , Failed to fulfill the management obligations of the network service provider , Should bear the civil tort liability to Zhao . Although Zhao found the infringement after notifying Baidu company , Baidu company after the review of the deletion . But Baidu did not effectively stop the occurrence of infringement , Should compensate Zhao so and so spirit damage solace gold , And make a public apology .

With “ Baidu Encyclopedia ” For the representative network encyclopedia , It has gradually grown into one of the information access channels on which the society depends , Present the social public interest attribute , We should put forward higher requirements for the construction of Internet content . Baidu shall not expand the exemption content without limitation to reduce the operational risk , Responsible for making full use of Internet technology to improve the logical judgment of audit system 、 Computing power , With the help of manual audit , Create a clean and airy cyberspace , Let Internet encyclopedia products really serve the society , Serve the development of the Internet .

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