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Women WeChat people "not as good as X" was sentenced to apologize in a hundred dollars group

via:华商报     time:2018/4/18 14:13:03     readed:189

WeChat Group back information

"The conduct is not even like X"

In November 2017, Lee was dissatisfied with his official duties in the group and used bad language to target company general manager He Mou (male). As a secretary of Hemou, Yang met with Lee after he saw the case. He also sent a link “Behave, be less mindful, remember more” in the group. Afterwards, Lee uttered in the group, "Some people lie down and do not complain, take the money of others, spend some time talking about food, sleeping with a bed, talking in the same breath, and even taking X. Not as good as..."

Lee did not expect that Yang sue Lee to Weiyang District Court in Xi’an City on the grounds that Lee had openly infringed on his reputation in the WeChat group. He asked Lee to publicly apologize, eliminate influence, and restore his reputation within WeChat Group. , And asked Lee to compensate him for spiritual damage solatium 10,000 yuan.

Although no object is specified

However, it can be considered as causing adverse effects.

Recently, Weiyang District Court did not open the court hearing of the case. During the trial, Lee argued that he did not name his name against the plaintiff Yang, and Yang was simply overwhelming.

The court held that although the remarks made by WeChat in the micro message group did not directly indicate the object, but combined with the time period for sending the message, the content of the response and the chat interlocutor, it could be assumed that Li's speech was directed against the plaintiff Yang. Lee has insulted and criticized Yang’s speech. There are nearly 50 members in the WeChat group, and both Yang and Li’s managers and acquaintances in the industry have certain characteristics. Lee’s speech has openness. , A certain range of adverse effects on the reputation of Yang, to a certain extent, reduced the social assessment of Yang, Lee's behavior constitutes infringement.

The court finally issued a decree that the defendant Lee publicly apologized to the plaintiff Yang for the “XX Cultural Project Shareholders”. In addition, taking into account the limited audience of Weixin Group, it is not as broad as the Weibo or online forums, and it supports the plaintiff Yang’s claim of RMB 100 as appropriate. After the verdict, both the original and the defendant did not appeal.

>> Judge Interpretation

Network nature or public space

Have no responsibility

The Official Law of the People's Court said that Article 101 of the "General Principles of Civil Law" stipulates: "Citizens and legal persons shall have the right of reputation, and their personal dignity shall be protected by law. The use of insults or slander shall not be used to damage the reputation of citizens or legal persons." Article 36 of the Tort Liability Act stipulates: "Internet users and network service providers who use the Internet to infringe on the civil rights of others shall assume tort liability."

What are the ways to assume liability for tort? Article 15 of the Tort Liability Law stipulates that “the methods of assuming civil liability include: stopping infringement, removing obstacles, eliminating danger, returning property, restitution, compensation for damage, apologetic apology, elimination of influence, restoration of reputation, and the above methods can be applied separately. Can also be combined for use".

“Freedom of speech is not a matter of emotional freedom. Whether in the real world or in the online world, inappropriate remarks are made against others or specific groups. If the legal red line is violated, it will constitute an element of reputational infringement and will be suspected of illegality.” Fang Yuan said that in this case, Li To pay for the price of his own words, not only to publicly apologize to Yang lost face, but also pay the loss of money, can be described as worth the candle.

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