Because the netizen gives a mark,claim to cross small effect market, accompany many ballad make peace slanders, bring about film to be forced to withdraw file ahead of schedule, cause huge pecuniary loss, the film " pure heart · chases a dream to perform art circle " manufacture to just tell fabaceous segment or section the court, the requirement apologizes publicly and delete relevant and disloyal comment -- where is the legal border of film review
The picture comes from film review of Yu Dou valve
On August 22, the case faces south in Beijing district court lawfully sessional cognizance. Fabaceous valve one party says, the comment is the netizen is based on the opinion that has to the feeling of film, fabaceous valve fulfilled a network to serve the obligation that the person that offer should use up. The film " pure heart · chases a dream to perform art circle " because grading is low,perhaps cannot not achieve anticipate thought to violate reputation right.
Does film review have to the influence of a film how old? What is the distinction with regular film review and calumniatory affront? Whether to release affront to slander film review forms tort? Platform amid is having how responsibility... the open a court session of this case, caused social public opinion to be opposite " where is the legal border of film review after all " the development of this one topic thinks.
Manufacture square: Doubt beans valve 2 grading, ask apologetic cutout is judgedThe picture comes from at the network, have nothing to do with text
Public data shows, the film " pure heart · chases a dream to perform art circle " be pass by Beijing fact start culture medium limited company (next weighing solid pass start a company) manufacture, bi Zhifei of calm delegate person makes up fair judicatory to guide oneself oneself, the study life the Communist Party of China that basically tells about this world of day of article of teacher of youth of school of some movie and TV and oneself student to be in 4 years is the same as the story that grow. On September 22, 2017, this are shown in home, 5 announce to withdraw file in the future.
"Film is shown that day, lock of fabaceous valve net gives a mark surely is 2 minutes, causing film to be by public mistake is ' extremely sodden film ' , the director is considered as by accident ' extremely sodden director ' . " remove archives cause about film, solid pass achieve company representative lawyer to express, because lock up calm grading by fabaceous valve, the cinema does not grant to discharge piece or reduce a platoon piece, the public is not watched, appear a large number of negative news, film just is forced to withdraw file, this gives solid pass achieved a company to cause huge pecuniary loss and reputation to damage.
After discovering grading problem, solid pass achieve company side to ever connected fabaceous segment or section, but both sides is communicated not if really. Solid pass achieve a company to say, not only did not get convincing response, film and director still last in fabaceous valve baleful attack, and after be evaluated for the most part and hitting cent to appear in film to withdraw file, belong to follow suit comment of gender, retaliation sex.
This representative lawyer emphasizes, solid pass achieve a company to be by defile " touch porcelain " fabaceous valve, film is circulated be by the netizen history on the soddenest piece, fabaceous valve lowest distributes the film, the director is circulated be the soddenest a director, this gives solid transmit the social influence that achieved a company to create extreme difference.
Solid pass achieve a company to mention a group of data, always a club for amateur performers of Beijing opera only many yuan 230 film, there is many 40 thousand comment in platform of fabaceous valve net. Its representative lawyer expresses, what most comment narrates content and fact to not agree with, greatly misdirect the public, the reputation that encroached this company badly counterpoises. In the meantime, a lot of network observer start a rumour spread rumor, undertake in order to insult sexual language slandering to afore-mentioned film and personnel.
"Regard platform as controller, fabaceous valve all was not examined to discretion reach administrative obligation, encroached badly solid pass the legitimate rights and interests that starts a company. " accordingly, solid pass achieve a company to sue limited company of science and technology of net of beans of Beijing of operator of fabaceous valve network, the requirement is open and written make an apology, in fabaceous valve net and its government the platform such as small gain issues announcement, remove an effect, restore reputation, delete all disloyal comments about this film instantly, stop enroach on.
Fabaceous valve: Manufacture to just should accept popular to be evaluated objectivelyThe picture comes from at the network, have nothing to do with text
Sessional that day, solid pass achieve company legal representative, film to direct Bi Zhifei to appear in court. "We confronted very strange phenomenon. " he says, film shows first days, be given a mark surely by fabaceous valve lock 2, this and heat judge the comment that the area gives off to not agree with, there is the comment of very much star to 5 stars at that time. After we have negotiation, grading becomes suddenly 2.7, became of short duration not to have grading again later.
The grading that mentions in the light of Bi Zhifei changes, response of fabaceous valve employee says, grading system will be regular automatic recount, because of the change of this meeting occurrence grading, discover existence is many after water army, the system shut grading automatically.
Judge area much star to comment on to why be being heated up not by the problem of plan cent, fabaceous valve employee expresses, fabaceous valve film gives a mark with " one person one ticket " form, the means computation with the simple average arithmetic that uses masses grading gives total grading, without weight difference. To assure the objective justice of grading result, in computational total time-sharing, grading system can filter " be not normal grading " , basically include to judge branch to operate to be decided to be by the system, content of water army, comment breaks the law violate the compasses, grading before be absent to be shown publicly, and the case such as the inadequacy of credit of user Zhang mark of grading, "Some dozens of branch is not by plan cent, be be decided by the system to be not normal grading. Be be decided by the system to be not normal grading..
Fabaceous valve employee emphasizes, grading is by netizen basis its are opposite the mark that the evaluation of film makes cent form by oneself, and grading system will be regular automatic recount, bring into grading opinion. Grading comment is a netizen be based on the comment that has to the feeling of film, manufacture to just should accept the masses objective assessment to film.
"We are closing legally grading of indifferent movie and TV is offerred to comment on a service below the premise of compasses, fulfilled a network to serve the obligation that the person that offer should use up. " fabaceous valve employee says, solid pass start a company not valve of quote proof beans has the comment that violates its reputation right, also did not issue effective announcement to fabaceous valve. Current, fabaceous valve is right already the blame of experience case film is normal grading and violate compasses comment to undertake handling. Solid pass the request that starts a company and basis to all do not hold water, the request rejects their all lawsuit request.
The case was not adjudged on the court.
Expert: Ill will brushs small fraction to be suspected of tortThe picture comes from at the network, have nothing to do with text
The reporter notices, the discussion that gives a mark about the film is ceaseless. " People's Daily " Ceng Fawen says, grading of film of fabaceous valve, cat eye faces credit crisis, odium hurts movie industry. The article is mentioned, " the Great Wall " after showing, small gain is good-sized " profanatory film " trample comments on a bottom line, release " Zhang Yi is sought dead already " have baleful assault and battery, cause condemn both in speech and writing; Fabaceous valve is " ferry person " ill will brushs one star incident, raise a mighty uproar.
Review the issue that scale down oppugns to the film, many expert all expresses, ability of the savvy of different audience, appreciation is different, it is very normal to differ to the evaluation of same department film. Sheath or bow case install attorney office Wang Jun analysis says chief partner, suffer because of the subjective feeling of everybody different, to the evaluation of film stand or fall the standard also differs, and platform superintendency measure does not reach the designated position, brush the behavior of cent to competitor ill will without control, for instance water army brushs classify, also can cause the doubt to grading. In the meantime, do not eliminate to platform can appear not external statistic state of affairs, hold for instance accuse grading.
"If be put in the condition that changes grading of cent, interpose artificially, can deciding to illusion is created when whether watching a movie to the audience, the profit that creates film possibly then is inferior to anticipating, the anticipation that causes film obligee accrual is damaged. " Wang Jun says, if obligee has evidence to prove those who brush cent to cause to small fraction film review is baleful, the action of person of baleful grading forms affront possibly to slander, obligee can inform platform to delete corresponding comment, of platform ignore, want to assume joint liability.
Bao Chang of Qiu of chairman of seminar of law of business affairs of electron of Beijing law society thinks, pass false reputably, make " sodden piece ameliorate piece " , meeting misdirect consumer is consumed, to other movie character, it is kind of unfair competition behavior, obligee is belonged to break the law gain profit. And practise fraud judges to film difference, can damage the right of consumer and this film obligee. Below this kind of circumstance, obligee is OK thought of to lodge a complaint fors the time being, also can ask the film is in charge of a branch to undertake investigating.
"The box-office circumstance that the evaluation that watch a movie did not come to to film, potential user has tremendous effect, what baleful grading, evaluation can damage film obligee is potential trade opportunity, pass those who evaluate misdirect consumer, the likelihood is suspected of unfair competition. " Hu Gang of secretary-general of research center of Chinese Internet association says.
Turn over unfair competition law to make clear a regulation, the evaluation of state of the performance that operator does not get pair of its goods, function, quality, sale, user, business that ever won honor to wait for false fetching perhaps misunderstanding is publicized, consumer of deceit, misdirect. Operator must not trade phonily through the organization wait for means, help other operator undertake the commerce of false fetching perhaps misunderstanding is publicized.
The reporter notices, stem from " army of turn one's coat " need, platform will be right " be not normal grading " reach violate compasses comment to undertake handling. "Give a mark to platform when basis impeach, film obligee has authority to ask to make clear a basis. " Wang Jun thinks, platform chooses a basis publicly, can give up the doubt of obligee, reduce needless controversy and issue, make film review can be in fair, just, external environment make, be helpful for maintaining the harmony of network environment, safeguard the legitimate rights and interests of obligee.
"Platform affirms those who be put in unusual grading, want to be able to speak a basis, reason wants to be able to be taken numerous. Involve commercial secret, platform can choose underground, but platform cannot be abused ' business is private ' , the know the inside story of enroach on people counterpoises. " Qiu Baochang thinks, the grading basis of same theme film should be united, want to emphasize particularly on somewhat at the same time, the audience can undertake making component according to relative standard.
Hu Gang expressed different view, think grading of film obligee doubt is inferior, requirement platform gives a mark publicly, choose a basis " without the truth " . He says, some things are to be adjusted ceaselessly, of change, once be mastered possibly publicly by adversary, "Do not have method to undertake publicity " . Will look at present, the film grading whole on the net still compares evenhanded, the major opinion that is like film is lower, obligee should undertake thinking over.
In the meantime, hu Gang puts forward, want to encourage platform to be managed independently, maintain the modes of life and relation to their environment that balances quite, is not trend forestall. If relevant platform is rectified to synthesize, the market cannot undertake competitive adequately, appear more easily also camera bellows operation, "This is worst cake " .
Remind: The comment should have attrib border consciousness
The picture comes from at the network, have nothing to do with text
"The motion picture is general kind, patchy move looks. " " the movie is very interesting, told small shrink social phylogeny. " " lack is moving detail, narrative with editing and rearrangement very messy. " ... after the end that watch a movie, many people like to send apparent shadow to experience on the net.
Many suffer visit an expert to express, the netizen has free speech, but right exercise should have attrib border consciousness.
Qiu Baochang expresses, the netizen can express the feeling after view freely, to film story sex, ideological content, love performance of degree, actor to wait have a comment, but cannot concoctive, dummy fact, cannot use language of sex of affront, bespatter. "The netizen should hold to honest credence, get evaluation film according to sense of reality. Get evaluation film according to sense of reality..
Hu Gang thinks, culture entertainment industry is more special, public character to a few more intense the opinion on public affairs that derogates even, what should give utmost is patient. Normally the circumstance falls, after a few intense criticisms appear, meeting somebody undertakes contradictory to its, the network also has self-purification capacity.
Is how distinguishing regular film review or affront slander? Wang Jun analysis thinks, regular film review often is the understanding that the audience is bringing him, wait to language of the director of the film, actor, camera lens, gut have analysis and comment, this can help a director widen eye shot already, also can affect the audience understanding to film and appreciate, then the development that direct or indirect ground promotes cinematics. But bringing subjective ill will when the audience, fiction and movie are realistic the factual bespatter with different content, drain individual is malcontent, bring to film be forced to get offline, relevant advocate when achieving personnel to suffer the effect of fling abuses, the likelihood forms affront to slander, the reputation that encroached film and relevant obligee counterpoises.
The network is an open space, a large number of film review can be on the net be able to reveal, ferment. "Regard grading, comment as the offer person of the service, the information that platform releases to netizen place, have ' announcement + delete ' compulsory. " Wang Jun says, in receive after be being informed effectively by the infringer, platform should undertake checkup to concerning information, in order to decide whether tort, adopt thereby delete, screen, disconnect the necessary step such as the link, take necessary step not in time, to harm enlarge much and network user assume joint liability. "Form when the film review of the audience to film relevant perhaps advocate the affront that achieves personnel is calumniatory, platform all did not arrive when he is reasonable and compulsory, can form what counterpoise to the reputation of relevant main body to encroach. Can form what counterpoise to the reputation of relevant main body to encroach..
To this, qiu Baochang also expresses, after receiving an audience to inform against, platform should be handled in time. Discover existence is commented on phonily, platform can ask relevant personnel undertakes amendatory, know perfectly well existence to comment on a problem phonily, and do not ask to correct, platform should assume corresponding responsibility.
"The comment that platform wants to assure an user can in time be announced, reveal effectively come out. " Hu Gang says, comment on a category normally to be being exceeded apparently, encroach the comment of other right, platform should adopt relevant measure to delete, screen, segregation. To those apparently lawbreaking code, damage the comment of national core interest, platform should not undertake publicity announcing.
Interviewing finally, wang Jun suggests, when the audience is watching the movie, want to make an assessment objectively as far as possible, notice one's words, object having the contemptuous rail act of floor level. In the meantime, network platform all should arrive reasonable attention is compulsory, the baleful difference that reflects to film obligee is judged fall in the case that proves a fact, undertake in time handling, avoid to enlarge the negative effect that film brings.
