Study On Duty Of Care Of Instant Messaging Provider

The coming of Internet has changed the style of our work and lives,as one of thenetworking products, Instant Messaging plays an extremely important role in our lives.People in growing numbers are beginning to use Instant Messaging and the content ofInstant Messaging is enriching all the time,but at the same time we also meet so manylegal issues such as duty of care of Instant messaging provider. At present, theprovisions in legislation in our country about duty of care of instant messaging providerare focused on <Tort Law of the People’s Republic of China> and <Regulation on theProtection of the Right to Network Dissemination of Information>. But these provisionsare not detailed and don not have maneuverability. This article will put forward advicesto perfect duty of care of Instant messaging provider after analyzed these legislations inour country.This article is divided into four parts:The first part is demarcation of instant messaging provider, contains three sections.The first cection is the demarcation of concept and characteristic about instantmessaging provider; the second cection is about legal relationship between and user; thethird section analyze the development situation of instant messaging provider and thelegal challenge that it has met.The second part is demarcation of duty of care. First will analyze the originationand development of duty of care,from Anglo-American law system and continental lawsystem.then we will analyze the connotation of duty of care; second we will exposite thefuncton of duty of care.The third part is legislation of our country about duty of care and these provisionapply to instant messaging provider. The first section analyzed the provision about dutyof care, then point out the duty of care of different kind of Internet service provider; thesecond section,we will confirm instant messaging provider belongs to which kind ofInternet service provider and analyze the duty of care apply to it; the third section pointout that provision about duty of care of instant messaging provider are notcomprehensive and need to be perfect.The forth part is about some suggestions that perfect the duty of care of instantmessaging provider. The first section list the significances of perfect the duty of care,it’sincluding protect legitimate rights and interests of users, promote the development of instant messaging provider and make the Laws and regulations become sound; thesecond I will list these suggestions: set the duty of reviewing information reasonably;enhance the duty of protecting personal information of users; pay attention to the dutyof disposing injurious act、harmful consequence and abnormal condition in time.