China targets service providers in online rights violation cases  

最高法约束人肉搜索曝光隐私 受害人最高获赔50万

The Supreme People's Court (SPC) has outlined the liabilities of network service providers in a document to guide the handling of online personal rights violation cases.

In a judicial document released Thursday, the SPC urged courts to order network service providers to provide personal data of users suspected of committing rights violations, including real names or user names, contact information and IP addresses. The information should be provided either as required by investigation or based on plaintiffs' requests.

"Rights violators usually hide in the dark online. They post harmful information out of the blue, and victims just can't be certain whom they should accuse when they want to bring the case to court," said Yao Hui, a senior SPC judge specializing in civil cases.

The document is important for the country to regulate online activities and maintain online order, said SPC spokesman Sun Jungong.

According to the document, those refusing to provide the information without legitimate reasons will be punished by courts in accordance with the civil procedure law.

Network service providers should also be held accountable if they are aware that their users have committed online violations of personal rights but fail to take action.

Meanwhile, those re-posting content that violates others' rights and interests will also answer for their actions, and their liability will be determined based on the consequences of their posts, the online influence of re-posters, and whether they make untruthful changes to content that mislead the public.

"If you are a verified celebrity, your obligations when re-posting online information are greater than those of the general public. An ordinary person's errors when re-posting might only be deemed slight," Yao said.

Considering the high costs to victims when trying to safeguard their interests, the document stipulated that all expenses paid by victims to deter violators should be regarded as property losses in a case.

It added that when no specific property loss amount is available, courts should determine compensation based on the details of the case with a maximum limit of 500,000 yuan (81,600 US dollars).

The document will take effect on Friday.