Job Recruitment Website - Property management - How to define abusing others at will through group chat and comments?
How to define abusing others at will through group chat and comments?
Xiao Li (pseudonym), an employee of a property management company in Guangzhou, founded a community WeChat group on 20 18 to carry out property management. However, during the period from 20 18 to 20 19, many community owners made long-term malicious abusive remarks against Xiao Zhang (a pseudonym) in the group. Xiao Zhang sent messages to the group owner Xiao Li many times in the group and through private chat, asking Xiao Li to take measures, but the group owner Xiao Li only made two announcements in the group to remind the group members to pay attention to civilized language and did not take other measures.
As a result, Xiao Zhang filed a reputation infringement lawsuit against the owners who made abusive remarks in the WeChat group. At the same time, Xiao Zhang believes that the misconduct of the property company is an important reason for its reputation damage, so he sued the property company and asked the property company to apologize and compensate the spiritual damage for 20,000 yuan.
The court held that Xiao Li's act of creating WeChat group was an act of performing his job duties, and the resulting civil liability should be borne by the property company. However, the property company has the obligation to pay attention to the infringement in the WeChat group. The property company failed to fulfill the responsibility of owner management in time, which aggravated the reputation damage of Zhang Xiaoran. It has a certain fault, but the degree of fault is obviously less than that of the direct infringer, and its responsibility should also be less than that of the direct infringer.
Finally, the court ruled that the property company posted a statement on the bulletin board of the community to apologize to Xiao Zhang, and the posting time of the statement should not be less than 30 days; Refuse other requests from Xiao Zhang.
Article 45 of the Regulations on Property Management stipulates: "Property service enterprises shall stop acts that violate public security laws and regulations within the property management area."
Article 9 of the Regulations on the Management of Internet Group Information Services also stipulates: "Internet group sponsors and managers should fulfill their group management responsibilities, standardize group network behavior and information release according to laws and regulations, user agreements and platform conventions, and build a civilized and orderly network group space."
The focus of this case is that the group owner insulted Xiao Zhang in the WeChat group, and Xiao Li, as the group owner, did not severely stop the group owner, which led to the damage of Xiao Zhang's reputation. It is a violation of public security management to publicly insult others in the WeChat group composed of different owners. After discovering the related abusive behavior, the group owner should actively prevent and prevent the recurrence of such abusive behavior, otherwise the group owner may bear corresponding legal responsibilities due to his own inaction.
Finally, I would like to remind you that the Internet is absolutely illegal, and group owners and members should pay attention to it. Speaking on online social platforms is definitely not an unscrupulous act of breaking the legal bottom line.
The so-called freedom of speech needs to be based on mutual respect and legality. Cyberspace is essentially an extension of reality, and infringement on the internet also needs to bear the corresponding legal consequences.
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