To Notify The Network Tort Liability And The Counter Notice

Network tort liability is a new form of tort liability in the modern society. In order toproperly resolve network infringement disputes, China’s "Tort Liability Act" set notificationrules. Notice involves three bodies，Internet service providers, the infringer and the victim.Form of notice shall be in writing. Content of notice containing the relevant information thevictim, the subject of infringing URLs, supporting materials, and commitment and guarantee.Network service provider shall review the notice. To notify the network service provider andthe infringer will be effective. Notification rules have been infringed safeguard the legitimaterights and interests of maintaining the network service provider’s rights and promoting thesettlement of disputes and the role of the network environment clean. However, the existingnotification rule does not confer the right to defend the infringer is not conducive to thenetwork service provider to ascertain the facts, is not conducive to maintaining the public’sfreedom of speech. In order to improve the existing notification rules, it is necessary toestablish an anti-notification rules. Presupposes the existence of an Anti-notification is thenotification exists, and related network information has been removed, shielding or brokenlinks. The exercise should be a counter-notification object is a network service provider, andshall be in writing. Anti-notification contains the infringer or other network users’ personalinformation, the address of the relevant network information and content, supporting materials,commitments and guarantees. Counter-Notification for network service providers and peoplehas been infringed effectiveness.