97. How can this be justified?

"Okay presiding judge."

Li Chen closed his defense draft and pushed his glasses.

It was all in his head.

"I'm going to give you a few examples of cyberbullying for inaction.

In 2013, the magic capital rewarded the incident.

This incident happened in our magic capital, and the reason for it is also very simple, it was caused by a takeaway, and I will not explain the specific incident here, on page 2 of the evidence, there is an overall description of the incident. ”

Magic City.

A middle-aged man watched the live broadcast of the Douyin platform, and suddenly his thoughts came to his heart and he shed distressed tears.

Because he has had such an experience too.

His wife, unable to deliver food due to epidemic control, entrusted a takeaway brother to help.

And the takeaway brother also worked hard to deliver the meal to the old man's ward.

In order to express their gratitude, they also transferred money to the takeaway brother, but they were rejected by the other party, so they charged each other with 200 yuan in phone bills, but they were angrily sprayed by those trolls for no character and so on.

He couldn't understand why such people existed, why they put themselves on the moral high ground to criticize others, and what was the point of saying that to them...

In the live broadcast room, netizens also discussed with Li Chen's words:

"The third brother shouldn't be the one from the magic capital, right?"

"Sort of."

"I have to say, that incident was quite big at the time, and I don't know what happened to their families now?"

"I never talk when I watch the video, and I don't understand why they say that."

"Who knows, who has it?"

Above the courtroom, Li Chen continued to give examples.

In 2014, there was a lot of uproar on the Internet, and even found the girl's parents, saying that he had watched each other's videos, and if he wanted to compare her, another netizen was even more outrageous.

Just thinking that he shared the happy moment of himself and his relatives with his relatives, he took a photo and posted it on the Internet, and was made of pornographic rumors, and talked about the other party's hair.

Let's talk about our cyberbullying again.

In June 2017, a netizen approached me through my online law popularization and told me about her brother's experience.

Strictly speaking, his younger brother could not be justified in self-defense, because it was he who made the first move.

But let's change the angle and bring in Liu Xiaohui himself, in the face of repeated persecution by the abuser himself, can he take the initiative to apologize with a smile on his face six times in a row?

The law lies in the rule of man, and the rule of man must take into account the real situation of the perpetrator, not just on the basis of who acts first, at least I think so.

And lawyer Qi Huaian is also running for this matter, and he has not taken a penny from the first trial to the second trial.

Later, I went to City A and put forward new arguments based on the actual situation, and finally persuaded the prosecutor of the District Prosecutor's Office and the judge of the trial court to change the verdict to not guilty in the second instance.

Strictly speaking, lawyer Qi Huai'an is carrying cyberbullying for me, and it is really hard for me to imagine how many people would rush at me to carry out cyberbullying if I had expressed my defense opinions in the trial court, or how many people I would have sent away. ”

Speaking of this, Li Chen's gaze was a little sharp.

Outside the live broadcast room, netizens who were watching the live broadcast began to comment:

"Damn, is this lawyer so rampant?"

"Brother, don't doubt the authenticity of my third brother, it's not a joke for the third brother to say that he will send you away."

"I've confirmed the eyes, it's the man who popularized the law."

"Third brother! Please love me one more time! ”

"Damn, what's wrong with you?"

In the live broadcast room, Li Chen continued: "If you want to convict them, it's actually very simple, the most basic crime of rumor-mongering can't run, according to relevant laws and regulations: rumor-mongering, slander and other behaviors, their likes of more than 500 already constitute a crime..."

Outside the live broadcast room, netizens began to explode:

"Damn, is that really the case?"

"Wait, I'll check."

"Brother, don't check, that's it."

"Damn, don't like it in the future, I can't bear this thing."

"In the future, if you see a malicious attack, you will like him, and one person will send him in!"

At the trial court, Li Chen officially challenged the Douyin platform: "In a cyberbullying, everyone plays a different role, so as a carrier and a user of traffic, do you really have no responsibility?"

Let me start with the first point, the management issue.

On your Douyin platform, there is a strict review mechanism, as long as it involves sensitive topics, all cannot be sent, which I have verified to the presiding judge. ”

When the presiding judge, who was sitting on the judgment seat, heard this, the corners of his mouth twitched slightly.

Good guy, you really dare to mention it...

"Actually, the problem I said, your platform is not too difficult to solve, as long as you add a few specific insulting words, it can be completely avoided, but you explain this shortcoming on the grounds of insufficient personnel, can it be understood that those who are cyberbullying are the result of your deliberate indulgence, the purpose is to increase the contradictory opposition to get traffic?

If not, why does a user appear on different accounts multiple times in a row, in the current real-name IP, it is unknown where the IP is, can it be said that they are hackers? Is it a spy? to deliberately increase our system of social contradictions? ”

"They're hackers? Is it a spy? ”

The netizens in the live broadcast room exploded:

", it's not the third brother, according to what he said, those blacks probably won't be able to come out in this life."

"Espionage? Damn, it scared me to death. ”

"Third brother, okay, just kidding, are you here for real?"

"Why do I feel that what the third brother said makes sense?"

"I don't dare to mess around in the third brother's live broadcast room in the future, in case he is sent in as a spy, it will be enough for my life."

"I'm not, he's slandering me!"

Li Chen looked at the Douyin team opposite and continued to publish his evidence: "I'm talking about cyberbullying, so what I'm talking about next is the second question, fraud."

In recent years, fraudsters have become more and more rampant, and the means of fraud are also difficult to prevent, and I am talking about being deceived.

In 2014, a blogger named Meiqi met an e-commerce anchor of MB through the Douyin platform, and after chatting, he made up his mind to join him, and then he disappeared, and his account became a private account.

And every year, there are also many people who meet MB's migrant workers through the platform of Douyin, and are deceived by high salaries to become blood slaves there, or fraudsters.

Because we don't know the specific content of their chat, we can't rule out that the other party is induced by super high fraud methods, what I want to say is, are you really not responsible for Douyin? Did they pass by because they believed in your platform, or did they believe in an inexplicable netizen from another place?

Do you really not know where they are? Why did your platform still not take any banning measures after the online martial arts association confirmed that the other party was a fraudster? Isn't that inaction?

The third point is that as a platform and an UP owner, the relationship between you is actually a default employment relationship.

The UP master makes money through his own talents, and your platform is also to make money by clearing traffic and gift sharing, this is the employment relationship, because your platform is not free, then your platform should be responsible for every up master, this is a legal obligation, and there are also relevant labor relations regulations, unless you provide free services, no fees will be charged! ”

You see...

How can this be defended?

The two defense lawyers glanced at each other.

Why don't you vote?

(End of chapter)