(Original title: Baidu sued Luo Changping for violating the reputation of the second trial)
The pictures in this article are all related to the WeChat public account.
On January 23, 2018, Luo Changping published a microblog article entitled "Baidu has a ‘head to do” in the Sina Weibo, which is certified by the actual name, and is equipped with three pictures as the content of the article.Baidu Netcom and Baidu Online believe that Luo Changping fabricated Baidu’s facts of “strike today’s headline office” and used the information of unconfirmed false “WeChat circle of friends” to fictitiously responsibilities related to “strike today’s head office”. Work content. Its behavior has caused serious damage to the company's image and social evaluation. It has constituted an infringement of reputation rights. Therefore, the court appealed to the court to ask Luo Changping to apologize and compensate the losses totaling more than 5 million yuan.
After hearing the case, the court of first instance held that Luo Changping’s blog post publicly spread Baidu’s “head-to-head” to set up a “headline today” against its competitors without any corresponding factual basis, and pointed out that its employees specialize in combating “Today’s headlines”. "The relevant work and the generous remuneration, but Luo Changping did not submit to the court the full basis of the facts it disseminated, the so-called factual basis submitted is not an authoritative source, and there is no corresponding evidence to prove its place when the article is published. As stated, the relevant remarks in the article in question have constituted a false fact statement.Therefore, the court of first instance ruled that Luo Changping posted an apology statement on the tenth day of the Sina Weibo account of the actual name certification within three days after the effective date of this judgment, apologizing to the plaintiff, eliminating the influence and restoring the reputation; and compensating for reasonable rights protection expenditure and economic loss. More than 180,000 yuan. After the judgment of the first instance, Luo Changping appealed to Beijing No. 1 Intermediate People's Court.
On the morning of August 14, Beijing No. 1 Intermediate People's Court heard the case and Luo Changping attended the lawsuit. During the trial, the two sides debated whether the content involved in the case involved the truthful and valid source, and the judgment of the first-instance court debated whether the corresponding distribution of obligations between the appellant and Baidu Online was appropriate and whether the compensation amount was reasonable. .
Luo Changping believed that the three pictures involved in the microblog were reproduced, and the relevant text expression and forwarding were based on facts. According to the evidence submitted, it is enough to prove that the basic fact of “heading” is not fictitious. The content of Weibo has not lowered Baidu's social evaluation, and it does not meet the requirements of reputational rights infringement, and Baidu has a greater tolerance for speech than the general subject. In addition, the amount of notary fees and attorney fees recognized by the court of first instance was incorrect.
Baidu Netcom and Baidu Online believe that even if the picture in question is reproduced, the reprinter should verify the authenticity of the information being reposted, otherwise it will be responsible for its comments. As a well-known media person, the appellant has significant social influence, and its malicious insults cause huge losses to the company and should bear corresponding responsibilities.
The case is currently under further investigation.