Disputes over network tort liability

Legal analysis: the network tort liability refers to the civil liability that the infringer should bear by using the network as a means and tool to carry out the tort. Network infringement is a new situation and problem with the development of emerging technologies. As a new technology, the Internet has brought openness and freedom to society. At the same time, the relaxation of network users' sense of morality and responsibility in virtual space makes the network a frequent place of infringement. Network infringement is different from traditional infringement because of its concealment and cross-time. Therefore, the Civil Code has special provisions on network tort liability. Network tort liability mainly involves network users and network service providers. Network users are users of network platforms and services, and network service providers are network service providers that provide information platform or information channel services and content services. Internet users who use the Internet to infringe upon the civil rights and interests of others belong to direct infringement and should bear tort liability.

Legal basis: Article 1 195 of the Civil Law states that if a network user uses the network service to commit infringement, the obligee has the right to notify the network service provider to take necessary measures such as deleting, blocking and disconnecting the link. The notice shall include the preliminary evidence of infringement and the true identity information of the obligee.

After receiving the notice, the network service provider shall promptly forward the notice to the relevant network users and take necessary measures according to the preliminary evidence of infringement and the type of service; If necessary measures are not taken in time, the expanded damage shall be jointly and severally liable with the network users.

If the obligee causes damage to the network user or network service provider due to the wrong notice, it shall bear the tort liability. Where there are other provisions in the law, those provisions shall prevail.