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网站乱张贴将受法律制裁

Online profanity faces legal consequences
来源: 大中报 南茜(Nancy Jin)

中国社交媒体上近日出现一则热帖:“我的房地产经纪(xx)拒绝向我返还其承诺的一半佣金,这简直是唯利是图毫无职业道德!”

 “My real estate broker (xx) refused to return to me half of the commission he promised,” one post on Chinese social media writes. “He is so money driven and has lost his morality!”

在这个帖子曝光相关房地产经纪的姓名后,立即吸引了众多跟帖者:

After giving out the name of the agent, the post has attracted more followers:

“谢谢你曝光这种无赖经纪,这么昧良心的赚钱想必知道的人都不会再找他!”

“Thank you for exposing him. No one wants to seek service from such a greedy broker!”

“告诉他你每周发一次,问他这样值不值!”

“Post it once a week, and then see what he says!”

随着越来越多消费者通过社交媒体发泄自身的不满、愤怒和沮丧, 伤人损誉之网贴也屡见不鲜,在互联网上日益泛滥。

Derogatory posts are increasingly common on the internet as a growing number of consumers vent their dissatisfaction, anger and frustration through social media.

的确,互联网为心存不满的消费者提供了一个完美的匿名宣泄渠道。从被超市苛待到专业服务不合理收费,这些不公 遭遇会令忿瞒的消费者坐在电脑前发帖,令服务商信誉扫地而后快。

Indeed, the internet provides a perfect outlet for disgruntled consumers to relieve their emotions and to hide their true identity. From mistreatment at a grocery store to being overcharged for professional services, they sit in front of a computer and begin furiously type away, trying to shame and humiliate the service providers.

华裔社区的社交媒体网站也无法幸免于网络攻击。这位因与房地产经纪发生争执后登上流行社交媒体网站Rolia宣泄不满的发贴者,决定将其攻击行为升级 ,将目标指向经纪所服务的地产公司。

Social media websites in the Chinese community is not immune to online attacks. The above poster, who took her anger over her realtor to a popular social media site, Rolia, has decided to take her action to the next level – attacking the company that the agent works for.

她指称:“该房地产公司(XXX)已被人曝过很多次了,一点企业文化都没有,就一地产dollar 店!”

“That real estate company (XXX) has had multiple scandals exposed before. The business quality is low and is a real estate dollar mart!” she accused.

但是在一些网络愤民要求《大中报》介入后,本报却从相关房地产经纪那里了解到了该争执的另一面。据该经纪称,他已经向客户再三解释自己无法提供一半回佣的原因,即他本人还没有从建筑商那里拿到任何回佣。

Chinese News has heard the other side of the story from the agent, after some of the website hecklers requested that Chinese News intervene. According to the agent, he has repeatedly explained to the client that he was unable to give the client half of the commission rebate as he hasn’t got any commission rebate from the builder yet. 

该经纪称:“我尚未拿到任何佣金,怎么给她一半回佣?此外,这笔佣金的数量并不大,如果我拿到了回佣是不会扣留那一半的。实际上,由于该名客户既不会开车也不会说英语,我曾向她提供了许多免费服务。”

“I’ve not got any commission yet, how could I give half to her? Besides, the amount of commission wasn’t too much and I wouldn’t keep half of it if I got it,” said the agent.”In fact, I’ve also provided many free services to her as she neither drives nor speaks English.”

近年来,随着社交媒体网站上的攻击性帖子变得屡见不鲜,网络诽谤诉讼也迅速增加。据媒体报道称,在过去一年因通过社交媒体论坛发布贬损性帖子而引发的诽谤诉讼增加了300%

In recent years, online defamation lawsuits have grown rapidly as offensive online posts have become increasingly common on social media sites. According to media reports, the number of defamation actions brought over derogatory posts online – through social media platforms – has increased 300% in the past year.

网络诽谤诉讼案不断增加,可能要归因于社交媒体用户没有充分认识到他们对自己的发帖所应负有的法律责任。

The growing number of online libel cases may also attribute to a lack of understanding among social media users that they are legally responsible for what they write.

张贴者是无法逃脱法律责任的。许多这类基于一面之词及未经证实的指控的攻击性帖子会损害商业人士的信誉,并引发诽谤律师的关注。由于这些污言秽语会永远保留在网上,它们造成的伤害远远超过站在人行道上向过往行人飙脏话。实际上,互联网的共享能力会对个人信誉造成更为广范的影响。

And the consequences are real.  Many of these posts -- basically one-sided, non-verified allegations--may harm the reputation of business people and raise eyebrows of defamation lawyers. As the internet could permanently retain the obscenities, it can cause more damage than standing on the sidewalk and shouting profanity at passer-bys. The internet’s power of sharing has in fact increased the speed and the level at which someone’s reputation can be affected.

据该名房地产经纪称,在上述帖子发布不久后,他就从其他客户那里获悉他所遭到的网络攻击。震惊之余,他已决定采取法律行动。

The agent says he was shocked to know from his other clients about the online attack quickly after it was posted. He has now decided to take legal action.

该经纪称:“我已经找了律师,她必须承担法律后果!”

  “I will contact my lawyer and she must face the legal consequences!”

 

 

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