The online speech needs to be cautious to violate the reputation and take responsibility

On June 22, the Four Courts of the People's Court of Yanta District of Xi'an used the "Shaanxi Court Micro Court" platform to mediate a reputation dispute online.

case

In July 2021, Sun posted a short video of "garbage kiln designed by famous design institutes" with his own Douyin account. The video was called a "kiln" "garbage kiln", and said : "This is the kiln designed by a company, so don't be superstitious about these famous design institutes. What they designed may not be a good thing." Some company believes that Sun Mou Ming knows that the kiln was designed in 1999 and did not consider it. In the case of factors such as construction venues, equipment levels and raw materials at the time, the design of the designs of the kiln was adequate to the company's reputation in the industry to adversely affect the company's reputation. Delete videos, apologies, compensation, etc.

Trial

After receiving the case, the trial judge Wang Dan communicated with the parties many times to communicate with the parties to determine the focus of controversy and perform interpretation of the defendant. Because the defendant was outside the province, the judge used the "Shaanxi Court Micro Court" platform to organize online mediation. In the end, the two parties reached an agreement on the mediation opinion. Essence

Comment

Network infringement refers to the infringement in the network environment and is a form of knowledge infringement. The online infringement is essentially the same as that of traditional infringement, that is, the actor's fault infringes the property and personal rights of others, and the behavior of civil liability shall bear civil liability in accordance with the law, and other people who shall bear civil liability in accordance with the law. Essence

According to Article 90, paragraph 1 of the "People's Republic of China", personality rights are the right to live, physical rights, health, name, name, portrait rights, reputation, honor, honor, honor, honor, honor, honor, honor, honor, honor, and honor of civil subjects. Privacy rights and other rights. Wang Dan said: "Civil subjects have the right to reputation. Any organization or individual may infringe on the reputation of others in an insult or slander. The reputation is the social evaluation of the morality, reputation, talent, and credit of the civil subject. Considering the actual situation of more than 20 years ago, it was called the 'kiln' 'as the' garbage kiln ', which had a adverse impact on the reputation of a company in the industry. Article 995 of the "People's Republic of China" stipulated If the right is infringed, the victim has the right to request the actor to bear civil liability in accordance with the provisions of this law and other laws. Regulations of time limit. "

(Source: Western Legal System News)

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