Is the network platform responsible for being cheated in online recruitment?

Does the false recruitment network platform bear legal responsibility?

To bear legal responsibility,

Internet users and network service providers who use the Internet to infringe upon the civil rights and interests of others shall bear the tort liability.

The network platform should do its duty of prompting beforehand and carefully supervising afterwards.

Article 13 of China's Measures for the Administration of Internet Information Services stipulates that Internet information service providers should provide good services to Internet users and ensure that the information provided is legal.

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?the Civil Code

It is stipulated that the recruitment platform should delete or disconnect the link in time after actively discovering false information, and take necessary measures in time after receiving the notice from the right holder or the complaint from the infringed person, and take necessary measures such as deleting, shielding and disconnecting false information.

The responsibility of the network platform is based on the premise of not fulfilling the duty of care.

The prerequisite for the recruitment platform to assume legal responsibility is that it has not fulfilled its prudential obligations. Its responsibility is embodied in the provisions of the Civil Law.

In short, after job seekers encounter false recruitment on the recruitment platform, individuals or enterprises that publish false recruitment information become the first tort liability person, and job seekers can claim tort losses from them according to the Tort Liability Law. At this time, job seekers whose rights have been violated have the right to ask the recruitment platform to take measures. If the recruitment platform does not act, it should be jointly and severally liable for the loss of job seekers. Of course, if the recruitment platform conducts active online communication behaviors such as editing false information, it should bear joint and several liability for all the losses of job seekers.

People's Republic of China (PRC) Civil Code

Article 119 Liability for Network Tort If a network user or network service provider uses the network to infringe upon the civil rights and interests of others, it shall bear the tort liability. Where there are other provisions in the law, those provisions shall prevail.

Article 1 195

Remedies and liabilities for infringement by Internet service providers If Internet users use Internet services to commit infringement, the obligee has the right to notify the Internet service providers to take necessary measures such as deleting, blocking and disconnecting links. 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.

Article 1 197

Joint liability of the network service provider If the network service provider knows or should know that the network users use their network services to infringe upon the civil rights and interests of others and fails to take necessary measures, it shall bear joint liability with the network users.

The above is the relevant knowledge compiled by Bian Xiao for everyone. If you have more questions, you can consult a professional lawyer or directly entrust a lawyer to help you get out of legal difficulties.