An Analysis of Legal Duty of Care for Social Platforms in Telecom Froud Matching Recommendations: A Perspective Paper

Abstract

Based on the traditional four-element theory and the discussion of social platform duty, this paper analyzes the source of the obligation of recommending matching social platforms involved in telecommunication network fraud. Through case analysis, this paper analyzes whether the subjective fault and objective measures of social platform cases fully fulfill the duty of care. On the negation of the reasonable duty of care on the crime of refusing to fulfill the management obligation, subjective and objective methods are used to discuss whether the platform constitutes the crime of refusing to fulfill the management obligation. The result of the study has revealed the reasonable obligation of care involved in telecommunication network fraud involving recommending matching social platforms so as to urge the relevant departments to strictly supervise such platform cases and the platform to fully fulfill the duty of care in form and substance.