The employee WeChat group claims that the boss is sexually harassing, does it constitute reputation infringement?

With the rapid development of the Internet, everyone has a microphone, and everyone has the right to speak. It is convenient and fast to publish information through the Internet. However, the Internet is not a place outside the Fa. If the online speech deviates from the rule of law, will insult and slander, and infringe on the reputation of others must bear the corresponding legal responsibility. Recently, the People's Court of Pingshan District of Shenzhen has concluded a dispute over reputation. Female employee Zhang was fired by the company because of dissatisfaction, and was angry at the male Si Lin, and posted a post on the work WeChat group, claiming that Lin was "sexually harassed", which caused Lin to cause a lot of trouble. As a result, Lin's reputation of infringement lawsuit was last, and the court eventually ordered Zhang to apologize to Lin Mou in writing.

Dissatisfied with the probation period, the WeChat group claimed to be "sexual harassment"

Zhang was an employee of a company in Shenzhen. Due to the adjustment of the department and the post was not matched, he was fired by the company during the probation period, and then the arbitration requested compensation. Lin Mou was his boss. Zhang thought that it was caused by Lin Mou's intention. He wrote an article "Real Name Report Lust and Call for Women in the workplace" for his indignation. The work machine deliberately created physical contact, took the opportunity to oil, and even switched to a night to sleep, and called on women in the workplace to see the ugliness under the skin.

In the absence of any objective basis, Zhang made a composition, published on the WeChat group of hundreds of people, and was forwarded to the circle of friends by others. Zhang's article was about to cause a stir in the company, and leaders and colleagues have discussed this.

Lin's prosecution said that Zhang's rumors and defamation caused great damage to his body, mind and reputation, and his wife quarreled with him and filed a divorce. The company also initiated the accountability mechanism to give it a punishment for serious warnings and deducting performance wages. In order to safeguard his legitimate rights and interests, Lin asked the court to order Zhang to make a letter of apology to him and compensate his deducted performance salary and mental damage comfort. During the trial, he took the initiative to withdraw the litigation request of the mental damage.

The referee of the first instance infringes the reputation right in writing and apologize

The Pingshan Court tried that the civil subject enjoys the right to reputation, and no organization or individual may infringe the reputation of others in an insult or slander. The reputation is the social evaluation of the morality, prestige, talents, and credit of civil subjects. Whether the content of the actor in the WeChat group constitutes the infringement of the right to the reputation of the counterparty person, it should objectively consider whether the content of the actor's reputation will harm the reputation of others, and to know the third party, which will cause the public to the victims of the victims. Social evaluation is reduced, and subjectively should consider whether the actor is fault.

In this case, Zhang did not have any evidence to prove that Lin had sexual harassment in terms of words, words, images, and physical movements. Even if the two parties conflict due to work, Zhang should safeguard their rights and interests through reasonable and legal channels. Zhang did not have any objective basis for writing articles. The content contains derogatory words such as "lustful and arrogant", and published to the WeChat group of hundreds of people's work, forming a certain social awareness. The reduction of Lin's social evaluation constitutes the infringement of Lin's reputation.

Lin claimed that the deducted performance salary could not prove that it had been deducted for performance salary and related punishment was directly caused by Zhang's behavior. The court ordered Zhang to apologize to Lin in accordance with relevant laws and regulations. After the verdict, both parties were convicted, and Zhang actively contacted the court to actively perform his obligations.

[Judge's statement] Grasping the scale of the scale boundary network also must be abide by the law

In work and life, men and women are inevitably contacted to coexist, and during this period, sexual harassment has become a topic that is difficult to bypass. Regarding sexual harassment, Article 100 of the "People's Republic of China" stipulates that "violates the wishes of others, and shall be sexually harassing for others with words, words, images, and physical behaviors. Civil responsibilities. Organs, enterprises, schools and other units shall take measures such as reasonable prevention, acceptance of complaints, investigation and disposal to prevent and stop the use of power and affiliate relationships. "

According to this provision, women should try to get rid of the concept of "shame" and "tolerance" when they encounter sexual harassment. They must consciously retain object certificates, contact witnesses, save audiovisual materials, etc., or report to the relevant departments of the employer. The employer has obligations to prevent prevention prevention , Accepting complaints, investigating the disposal of sexual harassment or a subordinate relationship; or directly alarm, the public security organs shall be punished by the actor's public security management; Apology or compensation loss.

The judge reminded that the law severely cracks down on sexual harassment and is also strictly protected by citizens' reputation. While the employees are brave to say "no" to sexual harassment, the online speech must also seek truth from facts, and must not fabricate the facts at will. The online world is not illegal. If the red line of the law is the right to infringe on the reputation of others in the form of insults and slanders, it will bear the corresponding legal responsibility. Article 995 of the "People's Republic of China" stipulates that if personality rights are violated, the victim has the right to bear civil liability in accordance with the provisions of this law and other laws. The victim's stop infringement, eliminating obstacles, eliminating dangers, eliminating impacts, restoring reputation, and the right to apologize for the lawsuit is not applicable. Article 1,000 provisions of the "People's Republic of China", if the perpetrator's civil liability such as the infringement of the person's right to eliminate the impact, restore reputation, and apologize for apology shall be equivalent to the specific method of the behavior and the scope of the impact. If the perpetrator refuses to bear the civil liability stipulated in the preceding paragraph, the people's court may adopt an announcement on the media such as newspapers, the Internet, or announced the effective referee documents. Shenzhen Evening News reporter Yixiao Hong correspondent Liu Bin Yang Aihua

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