The defendant of the "Eating Gourd" group, the court sentenced!

"Eat melon" in the group?

The owner was sentenced to losing money to apologize!

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Shanghai Fengxian District People's Court

Announce a case of reputation for infringement

In December 2021, a gossip about the abnormal interaction between the parents of the first grade of a primary school in Shanghai, 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 nearly 500 people's WeChat group Source: Shanghai Fengxian Court

Subsequently, Wang sent Li's photos to the WeChat group with nearly 500 people who was the owner. 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, Shanghai, and asked Wang to publicize to apologize to him publicly, and compensated the mental loss of 100,000 yuan and a lawyer's fee of 6,000 yuan.

Screenshot of some chat records of Wang and Li

During the trial, the defendant Wang argued that his behavior was indeed wrong, and he agreed to issue an apology statement on the circle of friends and the "Weixian" public account, but the psychological loss and lawyer fees claimed by the plaintiff were too high, and they only wanted to bear part Essence

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, 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. Application, choose a relevant apology statement published in the city -level newspapers and periodicals in this city, and the expenses incurred were borne by Wang.

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.

After the verdict, Wang filed an appeal. The court of the second instance maintained the original sentence.

Court tip

The network is not illegal. While group information users enjoy the right to express their freedom, they should also make remarks within a reasonable limit stipulated by the law, and shall not abuse civil rights to harm the legitimate rights and interests of others.

As a user of the Internet group, it should be civilized interaction, speak carefully, and express rationally, and jointly maintain a good network ecology.

As the founders of the Internet group, they should fulfill their responsibilities as organizers and convener. They should standardize the release of network behavior and information in accordance with laws and regulations, user agreements, and platform conventions. Pay more attention to guiding and cultivating the correct socialist core values ​​in the group, and build a civilized and orderly network group space.

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This article is reproduced from the WeChat public account "Central Political and Legal Committee Changan Jian". Source: Feng Law Shangxian, China Youth Daily

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