The network celebrity scenic spot has become a vital place. Is it recommended that the platform take responsibility?

After a flash flood occurred in "Longcaogou" on August 13, causing seven deaths, many netizens found that this "punching place among network celebrities" was actually an undeveloped scenic spot, a geological disaster point, with frequent flash floods. The Beijing Youth Daily reporter found that after the incident, a large number of recommended contents of the location could still be searched on multiple online platforms, and there was no danger warning. In addition to Longcaogou, there are many "undeveloped scenic spots" and "wild scenic spots recommendation" recommended, and these places have been prompted with relevant risks or accident locations before.

According to the lawyer's analysis, for tourist attractions that are not commercially developed and have high risks, the platform has the obligation of safety reminder and content review, and the publisher also has the obligation of risk warning, otherwise both parties have certain tort liability.

Celebrity attractions on the Internet are actually undeveloped attractions.

According to Pengzhou Emergency Management Bureau, on August 13, a flash flood broke out in Longcaogou, Longmenshan Town, and tourists who had not evacuated from the river were caught in the flash flood, resulting in 7 deaths.

Online video shows that at the time of the incident, some tourists were camping near Longcaogou, and the awning built by the river was washed down by the sudden flood before it could be put away. Tourists had no time to evacuate, were trapped in the flood, and some were directly washed away.

In fact, Longcaogou is an undeveloped scenic spot. Due to natural disasters such as mudslides and flash floods, all personnel are prohibited from entering the river according to the requirements of the local government.

However, on many social platforms, there are a lot of "Raiders" and "Travel Notes" published by netizens, which expose their experiences of visiting Longcaogou, and recommend and attract other tourists with beautiful pictures and videos.

A travel blogger exposed the picnic experience in Longcaogou through video. Set up tents in the shallows, set up stoves, and put drinks into the streams to be chilled. Not only do you play here during the day, but you also live here at night.

Another article, "Zhou Bianyou | Pengzhou Grove Hiking Secret Land, Playing with Water for Summer", organized an "AA Tour" in Lailong Caogou. The organizer introduced the beautiful scenery of Longcaogou, designed a hiking route of 1 1 km, and organized trips every Thursday and weekend. The publisher said that "this place is especially suitable for taking the baby to play on weekends and summers".

Longcaogou is a third-grade geological disaster point.

After the accident, many netizens questioned that the incident was not a scenic spot and there were security risks. The reporter of Beiqing Daily found that it is true that Longcaogou is called "a holy place to play with water" on many apps, and some netizens have released videos of playing in the river. Other witnesses recalled that there was only a little light rain in the local area that afternoon, and I didn't expect such a serious flash flood.

Indeed, Longcaogou has beautiful scenery, but it actually belongs to the third-grade geological disaster point, which is prone to mudslides and flash floods. According to the article published by Longmenshan Town Government 202 1 where the incident occurred, it is easy to break out in ditches during flood season. According to the article, "source water" refers to natural disasters such as rainfall in the back mountain and flash floods in the front mountain. Often just heard the roar from the river, the water head immediately came to the eyes. If someone happens to be in the river, it is often too late to escape, and it is swept away by the rapids in an instant.

The staff of Pengzhou Emergency Management Bureau also confirmed to the reporter of Beiqing Daily that the incident was not a scenic spot. On June 5438+03, the staff issued a notice to the towns through the working group, demanding that people be prohibited from entering the river to play.

After the incident, the reporter of Beiqing Daily searched for Longcaogou on a platform, and the dangerous message "Travel, safety first, please don't stay or play in dangerous places" appeared, and the relevant recommended content was also greatly deleted. But on many other platforms, a lot of related content still exists.

Some platform recommendation columns hide "danger"

Information about the extremely dangerous "network celebrity punching place" like Longcaogou can be seen everywhere on related platforms, and there have been many dangerous incidents in scenic spots before. However, after the incident, it did not attract enough attention from relevant platforms, and some dangerous attractions were still hung in the recommendation column of social platforms.

On August 20 19, a flash flood killed 13 people and four illegal tour guides were controlled by the public security organs in the "Avoidance Gorge" in Enshi, Hubei Province, which is known as "Semporna, China".

The reporter of Beiqing Daily learned that "avoiding gorge" belongs to Pingshan Scenic Area. Less than a month before the incident, the local government just issued the "Explanation of Hefeng County Culture and Tourism Bureau on Pingshan County's Scenic Area under Construction", saying that the relevant infrastructure of Pingshan Scenic Area under construction is not perfect, there are security risks, and it has not yet reached the opening conditions of the scenic area. According to relevant laws and regulations, no organization or individual is allowed to attract tourists to the scenic spot under construction in Pingshan without authorization.

Today, the "Avoidance Gorge" has not been officially opened. However, there are still many related recommendations for searching for "avoiding gorge" on social platforms. According to incomplete statistics, there are more than 2,000 posts on social platforms recommending "avoiding gorge" attractions, some of which have more than 600,000 likes and more than 50,000 reposts, which can be described as "traffic passwords".

In Foshan City, Guangdong Province, there are similar wild attractions sought after by online celebrities. The article "May Day Hiking | Exploring Xiqiao Mountain Cave, a minority route in Foshan, Guangzhou" says: Crossing the primitive mountain road, exploring the 13 cave all the way, with gurgling streams and lush vegetation along the way ... The blogger has many photos of himself when exploring the cave, and said that he can enter the scenic spot "without buying a ticket". In fact, Xiqiao Mountain is also an unopened scenic spot. Not long ago, a woman broke her waist while meeting with a group of mountain climbers to explore the secret.

There is a scenic spot "sheepskin cave" in Guiyang, and some bloggers recommend it online. Recently, two people fell off a cliff while climbing a mountain, their legs were broken and their heads were injured. After more than four hours, firefighters finally sent two trapped people aboard.

Similar cases abound. Search for "undeveloped scenic spots", "recommended wild scenic spots" and "minority tourist destinations" on some lifestyle social platforms, short video platforms and travel guide platforms, and you can find a lot of content, without any tips from the platform. Many netizens left a message under the relevant content: "Don't recommend illegal content again!" "This place is already in danger. I hope everyone can judge for themselves whether they can go! "

lawyer

The platform has the obligation of safety reminder and content review.

In this regard, Xu Guilin, a partner of Beijing Times Jiuhe Law Firm, told Beiqing Daily that the platform has the obligation of safety reminder and content review for tourist attractions that have not been commercially developed and have high risks. Publishers are also obliged to remind the audience of the risks when publishing videos. If there is no risk warning, both the platform and the publisher have certain tort liability.

Lawyer Xu Guilin reminded that if the tourism authorities reminded not to enter, tourists should not enter for their own safety. When releasing tourist attractions that have not been commercially developed, please verify whether the risk of scenic spots is no travel or no entry. If there is a reminder that it is forbidden to travel or enter, it is recommended not to publish similar travel videos.

Lawyer Gala of Lanting Law Firm told Beiqing Daily that these platforms should have the obligation to supervise and review the corresponding videos and blog posts, and should add obvious safety tips to the content containing dangerous behaviors or unsafe factors, and delete the content that obviously does not meet the safety requirements in time. If the platform finds relevant security risks or false information, but fails to fulfill the above obligations in time, it shall bear civil tort liability in addition to administrative penalties imposed by relevant departments. Bloggers who blindly pursue traffic and gain eyeballs but ignore safety warnings or intentionally make false propaganda or maliciously guide may bear tort liability, and those with bad circumstances may be subject to administrative or criminal punishment.

measure

In view of the local heavy rainfall, the two departments demanded that resolute measures be taken to prevent casualties.

In view of the speed and great harm of local heavy rainfall, the National Defense General Office and the Emergency Management Department require resolute measures to prevent casualties.

The National Defense General Office and the Emergency Management Department require that people should be transferred to avoid danger. At present, it is the peak of summer tourism, so we should focus on monitoring, forecasting and early warning. Especially for construction workers and tourists in hilly areas, urge relevant departments to earnestly implement their safety responsibilities, resolutely stop work and stop work and resolutely evacuate, and resolutely avoid mass casualties caused by mountain torrents and floods in small and medium rivers. At the same time, it is necessary to closely monitor the disaster risks such as mountain torrents and mudslides, implement the "call-and-answer" mechanism of impending disaster warning, urge the insurance responsible persons to sink to the front line, organize the masses to move to avoid risks, and take resolute and decisive measures such as power preset, scenic spot closure and traffic control to ensure the safety of people's lives. Continue to do a good job in dealing with snowmelt floods in the northwest, and remind local people, foreign tourists and construction workers to avoid risks in time according to the characteristics of snowmelt floods in Xinjiang and Qinghai.

The two departments also demanded that the patrol and waterlogging control of the Chaojing section of Raoyang River should be continued, and the disinfection and epidemic prevention and the safety appraisal of houses in flooded areas should be coordinated to ensure the safety and health of the people. At the same time, continue to do a good job in drought relief and take emergency measures such as water diversion and water transfer to ensure the safety of drinking water for the people.

In addition, the Sichuan Provincial Emergency Management Department reported on August 14, and on the evening of August 13, the Provincial Defense Office issued the "Emergency Notice on Deeply Learning Lessons and Doing a Good Job in the Prevention and Response of Local Short-term Heavy Rainfall" (hereinafter referred to as the "Notice"), requiring all localities to urgently investigate wading scenic spots and wild scenic spots such as beaches and canyons that are prone to multiple dangers within their jurisdiction, and organize multi-departmental cooperation. Implement special personnel to keep an eye on the inspection of important points, make early warning tips, prohibit any outdoor exploration and wading activities under extreme weather conditions, promptly discourage outdoor tourism and camping in ravines and shallow waters, and resolutely ensure the safety of personnel.

The "Notice" emphasizes that it is necessary to strengthen disaster risk reminders in key areas, increase the propaganda of flood control and risk avoidance knowledge, guide summer tourists and outdoor explorers to travel rationally, stay calm in case of danger, and evacuate correctly.