According to relevant laws and regulations, network users and network service providers who use the network to infringe upon the civil rights and interests of others shall bear tort liability. 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, shielding 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. It is understood that there is no so-called "cyber violence" in law. Just like another very popular word "sexual harassment", it is impossible to give it a strict legal definition. According to lawyer Zhang Lu, cyber violence is usually regarded as a category of civil tort. However, if someone fabricates facts and publicly insults or slanders others on the Internet for a long time, relevant parties can institute criminal proceedings for libel and strengthen multilateral cooperation and coordination mechanisms.
Most parties can't get mental compensation: According to lawyers, most parties to cyber violence can't get mental compensation. In view of this situation, lawyer Zhang Lu can consider determining the compensation scope of the infringed person in the judicial practice of network infringement. "The same is true for network operators. Although the tort liability of network service providers is currently involved, it is still necessary to further introduce judicial interpretations related to it. "
Legal basis: Article 999 of the Civil Law of People's Republic of China (PRC) can reasonably use the name, title, portrait and personal information of the civil subject for news reporting and public opinion supervision in the public interest; If unreasonable use infringes on the personality rights of civil subjects, they shall bear civil liability according to law.
Article 119 Internet users and network service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability. Where there are other provisions in the law, those provisions shall prevail.
Article 119 If a network user uses a network service to commit an infringement, the obligee has the right to notify the network service provider to take necessary measures such as deleting, blocking or disconnecting the link.