If you quarrel with people in real life, what should you do? Today (May 5), a Beijing News reporter found that "scolding and quarreling on behalf of others" has formed an industrial chain. A lawyer pointed out that "swearing" is called "insult" in the legal sense. The employer is an abetting accomplice, and the responsibility is equal to that of the actual swearing. If the abuse is serious, or constitutes a crime of insult.
Recently, some online businesses launched the "professional generation quarrel" business and claimed that "the technology is excellent and never fails", which aroused attention.
Beijing News reporter survey found that 'generation scold, generation quarrel' has formed an industrial chain, most of the 'goods' are marked as' private services', with prices ranging from 5 yuan to 200 yuan, hanging on Taobao commodity display page. 'scolding 'is mainly carried out in the form of QQ and SMS, and the telephone service needs to charge extra call fees.
In this regard, a lawyer pointed out that "swearing" is called "insult" in the legal sense. The employer is an abetting accomplice, and the responsibility is equal to that of the actual swearing person. In addition, providing the information of the target is suspected of infringing personal privacy. If the abuse is serious or constitutes a crime of insult, the trading platform may be jointly and severally liable.
The highest price of the service is 200 yuan
In daily life, it is inevitable that people will quarrel because of some trivial things and emotional out of control. Beijing News reporter noticed that the business of "scolding" and "quarreling" was launched on the e-commerce platform recently.
Today (May 5) afternoon, a reporter from Beijing News found through Taobao Search that there are not a few 'commodities' with the keywords of' scolding service ',' quarreling instead of fighting 'and' quarreling instead of fighting '.
After clicking on most of the 'products' links, the page will turn directly from Taobao to Xianyu platform, and only a small part will stay on Taobao platform for trading.
These businesses label their product names as' fight and curse, vent and relieve anger, ten sprays a second ',' live video curse ',' professional fight business! Fight never lose ', etc.
As for the description of its business level, some businesses claim that "professional generation quarrels, excellent technology, never fail", while others say that "if Sichuan, Guizhou and Hunan don't pick up, they won't win at all.". '
These seemingly humorous jokes form an interest chain behind them, and they are even clearly priced.
Beijing News reporter saw on Taobao store that the service fee of "scolding and quarreling on behalf of others" ranges from 5 yuan to 200 yuan. Most businesses charge between 10 yuan and 50 yuan, and a few as high as 100 yuan. Buyers can choose to trade online on the leisure fish platform, and some need to trade by adding wechat and QQ.
Services below 50 yuan are mostly provided through QQ and SMS. This (May 5) afternoon, a reporter from Beijing News contacted a businessman as a buyer. On the salted fish page, he wrote "professional generation quarrel business! Quarrel never lose!" and in the picture of "commodity", he marked: "until satisfied, not satisfied with refund. '
During the communication, the merchant said that the service was carried out through QQ or SMS, the contact information was provided by the buyer, and the telephone service required an additional call fee of 50 yuan, and said 'no wechat, wechat swearing will be reported, and can't afford to hurt. '
The Beijing News reporter also consulted several other businesses and found that most of the "curse on behalf" services are mainly through QQ and SMS, but some businesses support wechat services. Some businesses also provide telephone curse service, but the charge for telephone service is higher. When explaining the reason to a reporter, one business said: 'the cost of telephone is higher. '
Subsequently, a reporter from Beijing News contacted a businessman who marked "professional generation quarrel" on the "commodity" page. The shop provided telephone "generation scold" service, charging 10 yuan for one call and 20 yuan for three times. The single business calculation was subject to the other party's connecting the phone, and the business was terminated when the other party hung up.
If the other party doesn't answer the phone, the merchant says, "if you don't answer, just dial until you get through. If you really can't, just send it by SMS. '
Reporter to a generation of scold business consultation, the business said that will not swear.
For ordinary services, just scold the package and pay more to win
"What if the other person is a tough character?"
A reporter from Beijing News contacted a businessman who claimed to be "satisfied so far, but dissatisfied with the refund". The other side said that the starting price of the ordinary service of the shop was 20 yuan per time, and there were QQ and SMS to choose from, because they didn't know the level of the other side's quarrel and didn't dare to guarantee "scold and win".
If you need to scold and win, you need to add an extra 50 yuan, and call the content "free play".
Beijing News reporter found that before receiving orders, most businesses would ask customers for specific matters, such as the reason for swearing, the name, contact information and native place of the party being scolded.
Many businesses will also ask customers for their opinions on whether to point out the reasons for swearing. The Beijing News reporter, as a customer, inquired about a number of 'generation swearing' businesses. A business marked 'professional generation business! Never lose a fight' in the service inquired in detail about the original story of the matter provided by the reporter, and asked the reporter for their opinions, 'what do you want to scold her? Is it simply scolding her or substituting this thing for her Go in and scold? "
In the process of swearing, the merchant promises to send a screenshot of the conversation to the customer, and the telephone service will keep the call recording.
Some businesses also provide dialect curse service, and the price is higher. Using dialect requires an additional charge of 10 yuan to 30 yuan.
When a businessman was consulted by a reporter, he took the initiative to ask, "where is the other party from?" and said that "he can only scold in Sichuan and Chongqing dialect, but not others. '
When a reporter of Beijing News inquired about the service of "scolding and quarreling on behalf of others", he also met a businessman who said, "I don't know how to swear." the service of scolding on behalf of the shop is mainly satirical, and said, "swearing is too low-level. '
Lawyer: the employer is an abetting accomplice, and the responsibility is equal to that of the swearing
Will the buyer and the seller cause reputation infringement? If the circumstances are serious, what kind of legal liability should they bear? Is the responsibility symmetrical? Does the buyer provide the seller with personal information, such as mobile phone number, which is abusive, involving infringement of privacy?
In an interview with Beijing news this (May 5) afternoon, Liu Changsong, a lawyer from Beijing Mugong law firm, said that abusive behavior is legally known as' insult '. According to the law on administrative penalties for public security, whoever repeatedly sends obscene, insulting, intimidating or other information to interfere with the normal life of others shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are serious, he shall be detained for not less than five days but not more than 10 days and may also be fined not more than 500 yuan. The employer belongs to abetting accomplice, and the responsibility is equal to the actual abusive person. The employer's behavior of providing the contact information of others to the "scolding agent" business constitutes privacy infringement and should bear the corresponding responsibility.
Lawyer Liu Changsong also said that the insulted person can report the situation to Taobao platform after being violated, and the platform needs to take corresponding measures. If the platform knows that others use the platform to infringe, but does not take measures such as breaking the link and shielding information, it will constitute a 'joint infringement' and need to bear joint and several liability.
Liu Changsong also said that serious insults may also be suspected of insulting crimes and should bear criminal responsibility.