"Wild Net Red Attractions" occurred in a security accident.

"My father was rescued, and the child was gone." On August 15th, the rescue team brought the latest news of a pair of father and son in Longconggou Mountain in Pengzhou City, Sichuan Province. Earlier, a video was circulated on the Internet: a father held his son for 15 minutes in the flood, but then the father and son were still flooded away. Since the flood disaster in Longconggou on August 13, 7 people have died and 8 have been injured.

In the face of life, many things are no longer responsible. Longconggou is a "Wild Net Red Attractions" recommended on many social platforms. After such an accident, do the recommended platform need to be responsible?

The hidden concern behind the "Wild Net Red Attractions"

Today, a number of "wild net red attractions" have emerged in many social platforms, attracting many tourists to check in. "Wild Net Red Attractions" means that they have not been developed, but many people go to attractions. For example, from the Xining of Qinghai to Kashgar, Xinjiang, the National Highway 315 winds 3063 kilometers. There are the most strange style corridors in China along the way. Among them, Delingha to the west of the vast cliff section is unique, which has attracted a large number of tourists to check in.

On July 29, 2020, the Golmud Traffic Police from Qinghai Province released a video of a driving recorder: a number of tourists were desperate to take pictures in the central center of National Highway 315. When a car rushed out of the time when passing by, the driver made an emergency brake to avoid and shouted "Don't die."

At present, there are more and more camping heat and streaming heat on social platforms, short video platforms, travel travel guide platforms, etc., and more landscapes that are not suitable for play are developed, and the risks are greatly weakened. In fact, these "niche scenic spots" and "wild net red attractions" have not been developed by commercial development and there are certain risks, which is not suitable for playing. For example, Guiyang's "sheepskin hole" on the short video platform is very popular. Due to the spectacular waterfall scenery, many tourist photography bloggers are coming to recommend it. But behind its popularity is the hidden safety hazards of the sheepskin flood flooding and muddy roads. Earlier, two people fell off the cliffs on the way to climb, with fractures and head injuries.

Similar examples are everywhere. Searching for "unprooped scenic spots", "wild scenic spots", "niche tourist destinations" on these network platforms, etc., a large amount of content can be found, and the platform side does not have any security prompts.

So, if these recommended "wild net red attractions" have a security accident, who should be responsible for this?

Can tourist bloggers promote "Wild Net Red Attractions"?

"The platform blogger summarizes the travel guide based on his own real experience and published it through a self -media account for other network users. The content of the release is not violated by the law, such as the content of the content must not be involved in yellow, poisoning, etc., except that this is the case. There are no clear prohibitions; there is no civil legal relationship between bloggers and users, and in principle, there is no need to bear responsibility or obligations to network users. "Lawyers who have no litigation strategic cooperation and Beijing Junze Law Firm Partner Mi Zhibin told the reporter "Fang Yuan".

"However, in specific scenarios, bloggers will have a certain responsibility or obligation." Mi Zhibin introduced that the first is that the content of the content (whether it is graphic or video) has the nature of commercial advertising, which is commonly known as "just rice" in the industry. For example, accepting a soft text or promotional video of the hotel's entrusted to produce the hotel, bloggers need to bear the relevant responsibilities stipulated in the advertising law. For example, the limit vocabulary such as "the most beautiful", "the cheapest" and "the lowest in history" is not allowed to meet the relevant provisions of the advertising law on advertising spokesperson (if it constitute an advertising spokesperson). Second, the necessary security reminder obligation to high -risk risk content, including but not limited to adding "professional actions, don't imitate" and other prompts. For example, the self -media "Office Ono", which was a fire, violated the relevant fire protection regulations because of the short video released, and was removed by a large area of ​​the high -risk content.

Wu Jingjing, a lawyer without litigation strategic cooperation and director of Beijing Pushengda Law Firm, said in an interview with the reporter of "Fang Yuan" that the era of traffic has achieved a blog post in some specialized fields, including the blog post of online celebrity tourist attractions. The writer of this type of net red blog post spreads the information that has been processed by themselves to others. It has the ability to influence the attitude of others, that is, to form an influence on unspecified bloggers and the public in a specific field. In particular, some bloggers with a large number of fans or blog posts have high readings. In fact, they already have the attributes of "opinion leaders" and "public figures". Therefore, such bloggers should bear higher care obligations when making remarks, and they should avoid promoting "wild attractions" with the characteristics of geological disasters.

The platform needs to bear reasonable attention obligations

"Platform traffic support and intervention will increase the speed and impact of these blog post information. For large Internet platforms that have a large amount of information uploading at all times, the law does not demand its review of each upload information, but it specifies the" Notice+Delete+Delete 'Obligations. "Wu Jingjing said.

That is, under the circumstances that the existing users report the hidden dangers of wild attractions, the platform should take corresponding measures such as review, delete or disconnection to avoid such places with major security risks as net red attractions, and borrow from borrowing. Fermented by people's psychology.

"However, if the platform did not take timely measures after receiving the complaints and feedback from hidden safety hazards, but continued to focus on the content of this type of blog post, and caused personal or property damage to the unspecified public. Under the corresponding administrative penalty, "Wu Jingjing explained.

In Mi Zhibin's view, if the platform focuses on the contents of "unprooped scenic spots" or "wild scenic spots", the platform needs to bear reasonable attention obligations, including but not limited to comprehensively reviewing the content. When the recommendation content is identified as an infringement, the platform operator may need to bear the infringement liability due to the unreasonable obligations. However, if you want to determine the platform to bear the responsibility, there are strict restrictions. The reporter of "Fang Yuan" tried to search in the case published by the China Magistrate Document Network, but has not been found for the time being for the blogger or tweet publishing platform of the Internet celebrity tweets or tweeting publishing platforms for personal damage at the "Wild Net Red Attractions" claim compensation. And successful compensation cases.

"According to the law, the platform operator has compliance management responsibilities for the platform and has a comprehensive review obligation to the content of user complaints. If the content of the complaint is identified as the infringement content, the platform fails to deal with it in time after receiving the complaint, and may need to be dealt with, and may need to need to be reached. Subsequent infringement is assumed to be liable. "Wu Jingjing said. However, in practice, the identification criteria that have hidden safety hazards or false publicity strategies have yet to be clarified, which brings difficulties in the competent authority to punish and investigate the platform. It is particularly noteworthy that the complaint records are often only mastered by the platform, and the competent authority or non -complaint users are unknown at all. Therefore, the platform's responsibility conditions are very harsh because the platform has not handled the content of the complaint in time.

Risk prompts should be in place

With the frequent appearance of the "Wild Net Red Attractions", it has also brought attention, popularity, and economic benefits to the location of these unopened attractions and the release of net red tweets. Therefore, the management of this is not only a matter of a town and township, but the superior government departments and the online information department are important regulatory forces.

In Mi Zhibin's view, the local government should do a good job of risk reminder work, such as setting risk reminder signs at the significant location or at the entrance of the attraction; for the large -scale wild net red attractions in the area in the area, the necessary risk assessment should be performed in time, and the necessary risk assessment should be performed, and the necessary risk assessment should be performed, and the necessary risk assessment should be performed, and the necessary risk assessment should be performed, and the necessary risk assessment should be performed, and the necessary risk assessment should be performed, and the necessary risk assessment should be performed, and the necessary risk assessment should be performed. Based on the results of risk assessment results, corresponding restrictions or isolation measures are adopted; the accidents that occur in the "wild net red attractions" are publicized in a timely manner in order to warn the public. But more importantly, adults need to treat the "Wild Net Red Attractions" unavailable under the "net celebrity" filter rationally.

(Source: Procuratorate Author: Liu Ya)

- END -