The user who posted pornographic content after being lent out his account was permanently banned. The user claimed that it was “not operated by him” and requested to be unblocked. The court ruled

China News Service, Beijing, November 11 (Reporter Liu Yue) He lent his platform account to others, but the other party posted pornographic and vulgar content, causing the account to be permanently banned. Can the account owner be exempted from liability for "not operating it himself"?

The risks brought by the lending and loaning of personal accounts have emerged in platform management disputes. The Beijing Internet Court reported on November 10 the trial results of disputes involving platform governance network service contracts, which showed that platform punishment scenarios have continued to expand, and the boundaries of users’ account security management obligations have also become a subject of judicial review. A user was permanently banned from the platform for posting pornographic comments and photos on his account. He requested to be unblocked on the grounds that it was "not operated by him." The court made it clear that this reason did not exempt the account registrant from liability.

Zhang is a registered user of a certain platform, and his account frequently posted pornographic comments and photos on a certain day. Platform monitoring determined that there was "risk behavior suspected of pornographic diversion" and the account was permanently banned. Zhang said that he had lent his account to others for use. He claimed that the illegal content was posted during the period of misappropriation by others and was not operated by him. He requested the platform to immediately lift the permanent ban.

The Beijing Internet Court held that the pornographic images and vulgar remarks posted by the account involved had indeed violated the platform's rules. As the registrant of the account, Zhang should fulfill the obligation of safe management of the account, and he should pay reasonable attention to the risks of use. It voluntarily authorizes outsiders to operate the account. As the registration and real-name authentication subject, it can foresee the risks that may arise from lending the account and should bear the corresponding adverse consequences. Users cannot exempt themselves from responsibility on the grounds of "not operating by themselves". Personal platform accounts are bound to real-name identities. Users' strengthening awareness of account security management is a prerequisite to avoid adverse consequences. In the end, the court ruled to reject the plaintiff’s claim.

The court notice pointed out that platforms should fully disclose the types of violations, handling methods and appeal channels, and completely retain evidence of violations and disposal records; users should strengthen their awareness of the rules to avoid legal consequences due to account management oversights. With the in-depth implementation of regulations such as the "Cybersecurity Law" and the "Regulations on the Ecological Governance of Network Information Content", platforms' management responsibilities for user accounts continue to strengthen. Account lending may not only lead to bans and penalties, but if used for illegal crimes, the lender may also bear corresponding legal liabilities in accordance with the law. Do not take it lightly.