The non -scenic spot in Longconggou, Sichuan was recommended by the social platform as a "Internet celebrity punch place" lawyer: If the report is not reported to cause the accident platform, it needs to be responsible
Author:Cover news Time:2022.08.14
Cover reporter Wu Deyu Liu Kexin Li Yuxin
A total of 7 people died and 8 were minor injuries in Longmougou, Longmen Town, Pengzhou City, Chengdu, Sichuan. At present, the search and rescue investigation work on the spot is close to the end. Just when tens of millions of netizens prayed for tourists who suffered mountain floods, there was a voice pointing out that the river in the incident was not a scenic spot, but after the summer, many people came here to avoid the summer and step down the river, especially the weekend people, especially the weekend. Much.
Why aren't there many tourists in the scenic area? It can be seen in the discussion of netizens that in recent years, on social platforms such as "Little Red Book", some net red bloggers described Longcougou as "original ecological scenic spots" and "unpopular waterfalls", etc., and even shared the strategy. Recommended netizens to come to it. Play here. Should the platform be responsible for this? Cover journalist interviewed the relevant person.
Platform recommendation (Tuyuan Network)
The "Wild Net Red Paper Card" recommended by the Internet celebrity
Just write the scenery without risk
At present, click on the "Little Red Book" client and enter the keyword "Longconggou", it is difficult to see articles related to travel recommendations and camping strategies here. Instead, some of the posts that advise tourists to pay attention to safety, do not follow the trend, and popular science to escape the way to escape when they encounter mountain floods.
However, before the sudden flood disaster on August 13, the platform was also a large number of articles full of "Amway" tourists going to Longgou. In the description of these articles, Longconggou has become a "Internet celebrity" punch place in various social platforms.
"Super Play", "Hiking Mystery Play in the Summer", "Camping Fairy" ... In the social network, you can also see many bloggers who have shared the play strategies shared on platforms such as "Little Red Book". In these articles, rarely mentioned the natural risks existing in the area, and few people mentioned that the location belongs to geological disaster points, and natural disasters such as mudslides and floods are prone to occur. Only how beautiful and fun here are here.
In fact, in the video circulating on the Internet, in the river beaches, streams and other places in Longconggou, you can see obvious reminder signs and banners to discourage tourists. Local media also issued a reminder on its short video account, "Internet celebrity punching points hidden crisis": "Recently, a short video platform about the play of Longcougou in our city has been on fire. Many tourists have been attracted to punch in for sightseeing. But as everyone knows, Longconggou belongs to the mountain flood Yifa area, which greatly threatens the safety of the lives of tourists. "
Some tourists call it recommended to attract
Many netizens leave a message to persuade bloggers to delete posts
"I went to Longgou half a month ago, and now I think of my heart." The reporter contacted a tourist who had been to Longgou. She said that although she saw a warning sign in the area, she still There are a large number of people camping and playing with water in the river. Occasionally one or two people stop it, but there are too many people who can't help but play. "Because the water in that place is really shallow and clear. At most to the position of the knee, I feel that it will not be dangerous, and it is really confusing."
According to the companion of the tourist, he also chose to go to Longconggou to play for the online celebrity blogger's recommendation. "Now wherever you go, you will see some recommendations. The Internet celebrities spread. There are more people that spread more."
A platform can still search for Longcou Tourism Recommendation (screenshot of the platform)
After the disaster on August 13, many netizens can see these posts of Longconggou on social platforms to "persuade deletion" on social platforms. But as of August 14, on some platforms, the recommendation blog post of Longcong Tourism can also be searched. There are also comments from "persuasion deletion" by netizens under the sporadic articles.
Not only Longconggou, but also many netizens on social platforms to show the pictures of playing and diving in other river channels. In fact, these river channels also have safety risks.
Screenshot of @(Figure source blogger)
In Weibo, a blogger named "Yun Ran Book" once showed the picture. In the picture, he can see that it once reported on July 8th to report the relevant videos of "Xiaoshi River Wild Pork Raiders" In the description of the report: "Chengdu entered the flood season in May, Xiaoshihe is a dangerous section of the flood season. Some tips cannot approach the river ... Please review it!" But the first report was not successful. There are violations. " In the second picture of the blogger, the videos reported on July 16 were resulting in the result of "reporting and passing".
Lawyer: In case of reporting or complaints, the platform has the obligation to confirm and review in a timely manner
After the topic# 在 在 在 在 在# After boarding the hot search, some netizens questioned whether social platforms should bear the corresponding responsibility for this?
Regarding the above questions, the cover journalist contacted Lawyer Wang Rengen, a law firm in Mingju (Longquanyi) Law Firm in Sichuan. Lawyer Wang Rengen said that it is still in the rescue stage, and the conclusion of responsibility may be too early. However, from the exposure of netizens and the news reports of media reports, there is a probability that it is not a liability accident.
Local reminder (Figure source network)
Lawyer Wang Rengen explained that the river bank has set up a warning sign to warn everyone in danger of the river, cherish life, and not go down the river. At the same time, the protective net grid is also installed. Holding the loudspeaker at a high place, let the citizens who play water in the river evacuated immediately. From this perspective, relevant government departments have fulfilled their obligations of security. According to Article 1,98 of the Civil Code: "Hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, etc. The operators, managers, or organizers of operating venues, public places do not fulfill their obligations of security and cause damage to others, shall bear the infringement liability. " The river is not a place of business, nor is it allowed to enter and exit freely, and the river managers have fulfilled the obligations of safety warnings and protection. Therefore, it is difficult for relevant departments to bear responsibility without other responsibilities or human factors intervention. Get the support of the law. "Lawyer Wang Rengen further explained.
In the face of the overwhelming "recommendation" and "strategy" on the Internet, lawyer Wang Rengen called for everyone to have the ability and common sense of life when surfing the Internet. "Even if there are related videos and articles recommending the water and river, it is difficult to let the online platform bear the liability for infringement. Because these platforms are mostly social platforms with social nature. Video and articles are not platform published, but netizens Published by itself, the platform cannot evaluate security risks on each promotional place, and then delete it. Adults should have their own judgments and common sense on the Internet. "
"However, if some netizens have already submitted a report or complaint to the platform, the platform has the obligation to confirm and review in a timely manner. With a certain scope, it is responsible for supplementary compensation. "Regarding the situation that netizens had reported, but the platform did not act in time, Lawyer Wang interpreted it.
Is there any responsibility for inviting and proposed waterwater? Attorney Wang said that at this time, depending on the specific situation. For adults with complete civil behavior, it should have fully foreseen and recognition of the danger of playing water in the river. It is difficult to let others take responsibility. If it is proposed that the waterwater player does not inform the victim's real situation, nor does it need to remind or take more effective measures in time when the danger occurs, it is necessary to bear some liability for compensation. It's even bigger.
Lawyer Wang Rengen said that this is similar to the "self -risk" stipulated in Article 1176 of the Civil Code. Injury, the injured must not ask other golfers to bear the liability for infringement, unless other golfers have intentionally pushing collision.
"The definition of the above legal liability is in line with the public's simplicity. But anyway, the death of life is always a pity. I hope everyone can really learn from similar painful events and maintain awe of life and nature. Always tighten the strings of safety, and you can't take it lightly for a moment. "Lawyer Wang reminded.
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