According to the provisions of the Tort Liability Law of People's Republic of China (PRC),
Thirty-sixth network users and network service providers who use the network to infringe upon the civil rights and interests of others shall bear the tort liability.
If a network user uses the network service to commit infringement, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, shielding and disconnecting the link. If the network service provider fails to take necessary measures in time after receiving the notice, it shall be jointly and severally liable with the network users for the enlarged part of the damage.
If the network service provider knows 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.
Extended data:
In the emotional world, it should have been a good reunion. Feng Mouliang, a man from Huidong, lost his generosity after breaking up with his girlfriend. He not only distributed nude photos of his ex-girlfriend everywhere, but also extorted money. A few days ago, Huidong County Court sentenced Feng Mouliang to one year and three months in prison for extortion and fined him 4,000 yuan.
Feng Mouliang, a man from Huidong, and Ye Mouru, the victim, were once boyfriend and girlfriend, but later broke up because of emotional discord, but Feng Mouliang did not let go of the past but was dissatisfied.
Since then, from 20 14 12 16, Feng Mouliang and others have repeatedly posted nude photos of their ex-girlfriends, and sprayed, splashed and painted red paint in front of their homes in Keelung Town, Huidong County, a street in Baiyun District, Guangzhou. In addition, Feng Mouliang also used WeChat to send indecent photos of his ex-girlfriend to Ye Mouru's relatives.
During the period, Feng Mouliang asked Ye Mouru and his family for 28,900 yuan, but failed. 20 15 1.7, the public security organs arrested Feng Mouliang who committed the crime again.
Huidong County Court held that the defendant Feng Mouliang used threats such as throwing red paint and posting indecent photos to extort property for the purpose of illegal possession, and the amount was large, which constituted the crime of extortion.
According to the plot that the defendant attempted to commit a crime and pleaded guilty in court, which seriously damaged the victim's reputation and had an indelible impact on the victim's future life, Feng Mouliang was sentenced to one year and three months in prison for extortion and fined 4,000 yuan.
People's Daily Online-A man was sentenced to one year and three months for refusing to break up and distributing nude photos of his ex-girlfriend.
Baidu Encyclopedia-People's Republic of China (PRC) Tort Liability Law