China's Internet Court Brings Cyber Justice to the Masses
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The Internet has given rise to no end of skullduggery as unscrupulous netizens use its platforms for their dastardly schemes. Woe! How can justice be delivered when so ubiquitous are the offenders? Answer: also the Internet.
Three Chinese cities, Beijing included, have been experimenting with a unique way of easing the pressure on the overwhelmed court system, specifically when it comes to mediating internet-related cases. It's called the Internet Court, and in its first year of operation in Beijing, the court ruled on over 5,900 cases. One thing is clear: people really are willing to resolve their net-related legal disputes via webcam.
High-tech cases call for a high-tech courtroom
China's first Internet Court was established in Hangzhou, the home of the Alibaba headquarters, which makes sense as e-commerce cases make up the majority of the cases brought before the court. The success of the trail in Hangzhou's then inspired Guangzhou and Beijing to boot up their own regional Internet Courts.
The Beijing Internet Court (bjinternetcourt.gov.cn) rules on all kinds of network disputes. The court has heard cases on fake clicks, false advertising, and even viral videos. In one case, a plaintiff was awarded RMB 30,000 after a video of a relative falling to their death was shared on the streaming site hujiao24.com. Not all cases go so well for the plaintiff, however. In another viral video case, the court rejected the plaintiff's request for monetary damages after the defendant disseminated a video that exaggerated the circumstances of a separate case involving a motorcycle accident. The plaintiff claimed that their social standing had plummeted since the video went viral and as a result, they were hardly able to live or work, but the court let off the defendant with little more than a warning to be more responsible.
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Not even big companies like Baidu are immune from lawsuits. Beloved writer Han Han successfully sued the tech giant for RMB 40,000 in damages after his work was shared illegally through their servers. Indeed, copyright infringement is another very common type of case in the Internet Court, and platforms may be held liable. On the other hand, victims of false advertising and fake goods bought online should avoid suing platforms, as the court has upheld that they are not responsible in some cases. That said, the court has emphasized that online food sellers must be held accountable for food safety and has publicized some major cases to bring attention to the issue.
Peppa closes the case
And yes, foreign companies can litigate online too. All three regional courts have been setting up international commercial courts in an effort to serve the Belt and Road initiative, and last year British animation studio Astley Baker Davies won damages from two Chinese companies who had illegally used the copyrighted image of Peppa Pig.
Did someone secretly film you crying while you were drunk and post it on the Internet, causing you to lose your job? Or maybe the transcript for your erotically charged sci-fi novel was posted online without your permission? Probably not, but we bet you have bought fake goods online. If you feel particularly hungry for justice, here's how you can file your case with the Beijing Internet Court:
Register an account with at bjinternetcourt.gov.cn. Note that this must be done in the Chinese language version of the site. You will need to fill in some personal information and provide identification, then scan a QR code to perform facial verification.
File a case. Click "我要立案" (wǒ yào lì'àn, I want to file a case) and fill in the information about the case and contact information, and then wait for the case to be reviewed. If approved, the defendants in the case will be notified.
Consider mediation. You can hire a mediation company directly through the court's website. If you or the defendant refuse mediation or mediation fails, you can take the case to the Internet Court.
Pay the acceptance fee. As the plaintiff, you will need to pay a fee to bring the case to trial. Fees range from as low as RMB 50 up to thousands of yuan.
Download and open the app provided to participate in the trial. The video and audio will be recorded and may be available for public viewing.
And one more thing – remember, even though it's online, this is a real court of law. If you think you really have a legitimate case, you should consider seeking legal counsel before going suit crazy.
READ: Here Are 3 5G Phones to Get You Ready for Beijing's Super-Speed Network
Images: bjinternetcourt.gov.cn, China Daily, mirror.co.uk
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