| The development of the Internet has greatly enriched people’s entertainment life.At present,brushing short videos and watching live videos have become an indispensable part of people’s daily life.It is worth noting that while the network video platform brings convenience to us by providing these two mainstream services,there are also many hidden dangers.Network infringement may occur at any time.As the main body and operator of creating this specific cyberspace,the network video platform should bear the corresponding security obligations while making huge profits from traffic.Although there is no clear provision in China’s current laws regarding the applicability of security obligations to cyberspace,through in-depth analysis of Article 1198,paragraph 1,of the Civil Code and Article 38,paragraph 2,of the Electronic Commerce Law,combined with the operational characteristics of network video platforms,it is not difficult to find that network video platforms already have the main condition of being "managers of public places.",thus complying with the applicable conditions of Article 1198,paragraph 1,of the Civil Code regarding the security obligations;Moreover,there are certain e-commerce activities within the platform,which can be considered as an e-commerce platform under specific circumstances.On the basis of meeting other applicable conditions such as the field of life and health,the provisions of Article 38,paragraph 2,of the Electronic Commerce Law on security obligations can be applied.As for the specific content of the security obligations of network video platforms,the provisions of China’s current legal system are too concise,but through the use of systematic interpretation and the method of examining the scope of objects,it should be recognized that the security obligations undertaken by network video platforms include the following three aspects: the obligation to ensure the network security of the platform,the obligation to dynamically inspect and monitor,the obligation to warn about dangers and timely rescue.Compared to online users,although network video platforms have significant control over the platform,they should quickly take corresponding measures such as disconnecting links to prevent further expansion of damage,but their security obligations should still be controlled within a reasonable range.Consideration can be given to the predictability of risks,the possibility of users avoiding them,and the protection of special groups.When assuming legal liability for violating security obligations,network video platforms should pay attention to the following points: First,the "corresponding liability" that network video platforms should bear for violating security obligations should be determined based on the form of infringement in different situations.For direct infringement caused by proprietary business of network video platforms,bear relevant tort liability in accordance with Article1198,paragraph 1,of the Civil Code;For indirect infringement of network video platforms caused by operators within the platform,corresponding supplementary liability shall be borne according to the provisions of Article 1198,paragraph 2,of the Civil Code or partial liability shall be borne according to the provisions of Article 1172 of the Civil Code,depending on the fault of both.Secondly,there is a clear difference between "third parties" and "operators in the platform".Therefore,the indirect infringement caused by "operators in the platform" on the platform is not directly but analogically applicable to the provisions of Article 1198,paragraph 2,of the Civil Code.Thirdly,the platform can solve the practical problem that it is difficult to realize the right of recourse of the supplementary responsible person by adopting a mechanism of "real name system+special fund account". |
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