The defendant of the "Eating Gourd Group" group, the court pronounced it!

The group of "eating melon" in the group was sentenced to losing money to apologize. Recently, the Shanghai Fengxian District People's Court announced a case of reputation for infringement in December 2021. , Spread on the social media network platform in Fengxian District. "A Mom" ​​published a remark between her husband and "Mom B" in the WeChat group of the children's class, which attracted widespread attention. After seeing the news, the defendant Wang found that the child "B" that "Mom B" reminded in the WeChat group, "B", was the same name as a classmate in his class, and mistakenly thought that "mother B" was the mother of the classmate-- The plaintiff Li.

Wang sent Li's photo to the WeChat group of nearly 500 people. Source: Shanghai Fengxian Court subsequently, and Wang sent Li's photos to the WeChat group of nearly 500 people who was the owner of the group. The rapid fermentation of this piece of information has caused everyone to believe that the plaintiff Li is the "third party" in the incident. After confirming the two parties, Li was not related to "Mother B". In order to safeguard his legitimate rights and interests, Li complained to Wang to the People's Court of Fengxian District (hereinafter referred to as Shanghai Fengxian Court) in Shanghai, and asked Wang to publicly apologize to him and compensate for the mental loss of 100,000 yuan and a lawyer fee of 6,000 yuan. Essence Some of the chat records of Wang and Li's chat records during the trial, the defendant Wang, argued that his behavior was indeed wrong, and agreed to issue an apology statement on the public account of the circle of friends and the "Weixian" public account, but the psychological loss and fees claimed by the plaintiff claimed to The amount of lawyers is too high, and they are willing to bear the part. The Shanghai Fengxian Court believes that there are two disputes in this case. First, does the defendant Wang's behavior constitute an infringement of the reputation of the plaintiff Li? The court believes that in this case, the defendant, as the WeChat group of nearly 500 people, sent a screenshot of the chat records involved in the incident, and took the initiative to cause the topic discussion. Inside, there is no careful attention obligation, and there are subjective faults. The defendant's behavior directly pointed the incident to the plaintiff himself. The members of the group thought that the plaintiff was involved in the "third party", which had significantly exceeded the reasonable limit of free expression. To a certain extent, the personality of the plaintiff was degraded and the plaintiff's social evaluation was reduced. Although the defendant clarified, considering the large number of WeChat groups involved in the case and the rapid spread of network space, the defendant's infringement will inevitably have a negative impact on the plaintiff's personal reputation, and it will also cause some mental pain and damage to the plaintiff's psychological pain and damage. Therefore, the court determined that the defendant's behavior violated the plaintiff's reputation.

Second, under the premise of the establishment of the infringement, what kind of infringement liability should the defendant Wang take? In this case, the plaintiff asked the defendant to issue a litigation request of an apology statement on the WeChat circle of friends and the public account of the "Weixian". Based on the defendant's self -confidence that the WeChat content it issued was not true, and agreed to the plaintiff's request, the court allowed the court to allow the court to allow the allowance to allow Essence The defendant's infringement damaged the plaintiff's reputation and would inevitably bring a certain mental pain and damage to the plaintiff. Therefore, the court supported the plaintiff's request to compensate the defendant's compensation for mental loss. In summary, the Shanghai Fengxian Court ruled: The defendant Wang publicly issued an apology statement to the plaintiff Li Mou through the WeChat circle of friends and the public account of "Weixian" to keep it without deletion for three days; The Shanghai Fengxian Court will apply according to Li to choose a relevant apology statement published in the city -level newspaper at the city -level newspaper. According to the actual situation of the case, the Shanghai Fengxian Court determined that the defendant compensated the plaintiff's spiritual damage of 3,000 yuan and a lawyer fee of 4,000 yuan.

(Source: China Youth Daily)

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