The passenger driver was received by a harassment phone involved in a harassment phone involved by the Internet violence in the middle of the night and compensated 1,000 yuan
Author:Red Star News Time:2022.09.13
What would you do if you were harassed or abused by the street because of a video, you were harassed or abused when you went out. Earlier this year, Lu Mou, the driver of Panzhihua, Sichuan, encountered a Internet violence, and in the middle of the night, he received a harassment call. So he sued the author of the short video to the court. Recently, after the Renhe District Court of Panzhihua City, the author of the short video apologized to the driver and compensated the spiritual damage of 1,000 yuan.
↑ Data Picture Figure according to IC Photo
Incident:
The passenger driver was "Internet storm" and received a harassment phone in the middle of the night
Earlier this year, Lu Mou passed a passenger car from Panzhihua City to a township. When he passed the A station on the way, Xiaoqi (pseudonym) got on the bus and planned to get off at Station C. When the passenger car was driving to station B, Lu told the passengers that the car was ready to drive to the station E to pick up the passenger to station C. Passengers who were in a hurry could get off at station B. After talking with Lu's phone call with Lu, Xiaoqi said that he did not want to go to the e station, and then got out of the car.
In the next few days, Lu received many abusive calls from strangers many times, and even in the middle of the night, he would receive a harassment call, and even when he got out of the car, he would encounter someone to abuse himself on the street.
It is understood that Wu Mou, the guardian of Xiaoqi, edited short videos containing "drivers refuse to carry short -distance passengers", "rush to get off the car at will", "low professional quality", etc., published on the Douyin platform, and announced Lu Moumou The information of its bus has attracted a large number of people to watch, comment and abuse.
Court:
Delete short videos and apologize, compensate for spiritual damage 1,000 yuan
The short videos released by Wu Mou caused great harm to Lu Mou's life and spirit. Lu Mou repeatedly asked Wu to delete the short video, and Wu Mou ignored it.
Lu Mou sued to the court and asked: First, Wu immediately deleted his short videos of the plaintiff published on the Douyin to stop the short -distance passenger and stop infringing Lu Mou's reputation power; 2. Wu Mou apologized to Lumou in person and apologized to him, and and and apologized to Lu Mou, and apologized to him in person, and he apologized in person and apologized to Lu. The apology videos that were released on the Douyin platform to release the same time with the infringement short video were to eliminate the influence and restore reputation of the plaintiff; 3. Compensate Lu's mental damage to 20,000 yuan;
Recently, after mediation by the Renhe District Court, the former and the defendant reached an agreement: First, the defendant Wu Mou deleted his short videos of short -distance passengers released on the Douyin platform; Third, the defendant Wu Mou compensated the plaintiff Lu Mou's mental damage 1,000 yuan (paid in court).
Judge:
Citizens enjoy the freedom of speaking on the network platform, but the network is not a place outside the law
Since the media, everyone has "microphones", but the Internet is not outside the law. In this case, Wu Mou used the photos of Lu Mou's passenger cars as a picture on his vibrato account, and attached an obvious insulting remark because Wu Mou believed that Lu Mou refused to carry the mistakes first. However, the telephone record submitted by Lu Mou confirmed that Lu Mou did not refuse to carry it. Take a step back, even if there are related facts, Wu should solve the problem through legal channels.
After the short video edited by Wu, after the release of the online platform, it quickly spread widely in the Panzhihua area, causing the public to have a negative understanding of Lu Mou, causing a reduction in the social evaluation of someone in Lu, and being harassed by cyber violence and reality. There is a causal relationship between Wu's damage and Lu Mou's reputation, which is in line with the requirements of infringing the right to reputation and constituting infringement.
The judge reminded that citizens can enjoy the freedom of remarks on WeChat and Douyin and other online platforms, but the remarks they have published must be based on objective facts. They cannot infringe on the rights of others, and should not exceed the category of speech freedom allowed by the law.
Red Star News reporter Jiang Long
Edit Yu Dongmei Yang Yan
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