immediate comment｜if secret filming is found in a b&b, does the operator have no responsibility if he is not aware of it?
2024-09-26
한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina
media investigations found that voyeurism has formed a black industry chain, with homestays and hotels being the hardest hit.
recently, a blogger released a video exposing that he found multiple hidden cameras in several homestays in shijiazhuang and was beaten by the homestay owners and others. on the evening of september 24, the local police reported that they had taken criminal compulsory measures against three suspects who were suspected of illegally using special equipment for eavesdropping and stealing photos. these three people were not acquainted with the homestay owners. in response to the excessive behavior of the homestay owners, they were punished according to law.
frankly speaking, there have been many cases of cameras being found in b&bs or hotel rooms before. the reason why this incident has attracted so much attention is that the bigger "pain point" is the subsequent handling. what is more infuriating than the discovery of cameras in b&bs is that the b&b owner involved not only did not admit his mistake and apologize, but instead believed that the person who posted the video affected his business, and there were extreme behaviors such as pushing and shoving and insulting during the incident, which is really puzzling.
according to the current notice, the owner of the b&b involved was punished for blocking the guests and deflation of vehicle tires. the culprit of the voyeurism is of course the voyeur, but it should also be clarified that in similar incidents, even if the operator was not aware of the voyeurism cameras in the guest rooms, does that mean they have no responsibility at all?
for such situations, article 1198 of the civil code actually has clear provisions: "if a third party's behavior causes damage to others, the third party shall bear the tort liability; if the operator, manager or organizer fails to fulfill the safety guarantee obligation, he shall bear the corresponding supplementary liability. after the operator, manager or organizer assumes the supplementary liability, he may seek compensation from the third party."
in reality, there are also guests who have received compensation in similar situations. in june this year, a man found a camera while taking a shower in a hotel in sanya. he did not accept the hotel's "check-out fee only" solution. after repeated negotiations with the hotel, he not only received an apology but also received compensation. as a service provider, if you fail to fulfill your due security obligations, you should bear certain responsibilities.
in recent years, there have been frequent incidents of cameras being found in b&bs and hotel rooms. operators should have targeted prevention awareness and measures. for example, they should establish a daily inspection mechanism. after guests check out, in addition to cleaning, they can also use more professional equipment to check the room to find hidden dangers in time, so as to avoid groups of guests being secretly filmed for a long time without knowing it, and at the same time reduce their own liability risks.
when the guests discover the problem themselves, the first reaction of the b&b operator or hotel manager should be to apologize, call the police, and actively cooperate with the police investigation and assist the guests in safeguarding their rights.
the proliferation of voyeuristic cameras is also forcing the improvement and perfection of the management system. the "guangdong province hotel industry public security management regulations (draft for comments)" issued at the beginning of the year clearly stated that hotels should organize regular inspections to ensure that there are no voyeurism, secret photography, eavesdropping and other equipment installed in the guest rooms. in fact, some responsible hotels have equipped cleaners and room managers with infrared detection equipment, and will scan the room before the customer checks in, making it a fixed process in the daily room service.
it is worth mentioning that a media investigation found that candid photography has formed a black industry chain, with b&bs and hotels being the hardest hit. even a former b&b owner revealed that the main way for some b&b owners to make money is not by room fees, but by selling candid videos and charging for live streaming. this kind of candid photography black industry that takes the initiative should be severely cracked down and eradicated.
whether a homestay or hotel is safe and whether guests feel at ease is one of the main evaluation criteria for consumers and is naturally part of the basic services of the accommodation industry.
in recent years, with the development of cultural tourism industries in various places, the business of hotels and homestays has become increasingly popular, and more attention should be paid to consumer experience and privacy security. whether it is a homestay or a hotel, its operators and managers should realize that they cannot always rely on guests to discover problems and defend their rights. private cameras have become a "mine" that affects the reputation of services. it is necessary and obligatory to do the mine clearance work in advance and in detail. this is a responsibility, not an additional service.
after this incident, many netizens said on social platforms that they dared not stay in a b&b in a certain place, and some even said "i dare not stay in a b&b anymore." isn't this a heavy wake-up call?
the paper’s chief commentator and returnee
(this article is from the paper. for more original information, please download the "the paper" app)
