Research On The Tort Liability Of WeChat Group Leaders

The WeChat group does not have the status of a civil subject.It is essentially a cyberspace,which is an extension of the social space in the cyber field.However,the relationship between the group leader and group members is not only a friendship relationship,but also a contractual and organizational relationship.Make judgments based on actual conditions.In a WeChat group,the group leader is the manager of the specific public space and has the obligation of supervision.This obligation originates from the special relationship between the group leader and group members,and is essentially a general duty of care in the German Civil Code.When a group member’s comments in a WeChat group infringe on the legitimate rights and interests of others,if the group leader neglects to perform the active obligations of dissuasion,warning,reporting,deletion,etc.,he needs to bear the infringement liability for inaction.Regarding responsibility,it should be based on fault responsibility,otherwise it is too strict for group leader,which will inevitably cause unnecessary worries for the majority of Internet users.In terms of the scope of the responsibility of the group leader,it should be distinguished according to the degree of the group leader’s fault,that is,the degree of responsibility of the group leader is comprehensively judged based on intention and fault,so as to better reflect the principle of matching responsibility and fault,which is helpful to urge the group leader to be positive perform supervisory duties.But this does not mean that the group leader will inevitably bear tort liability if he fails to fulfill his obligations.Under certain circumstances,the group leader can still be exempted from liability.