Because of a circle of friends, college students were sentenced to 60 -day apologies ...

Source: Internet joint rumor platform

Published in WeChat circle of friends

There are false information for negative evaluations of goods and enterprises

Does it constitute an infringement of reputation?

Recently, Zhuhai Intermediate People's Court in Guangdong Province

Determine in the WeChat circle of friends

Release unrealistic negative information

Cases of infringing reputation

Couple paid for others

Posted false information in the circle of friends

Xiaoming (pseudonym) and Xiaoli (pseudonym) are a couple. Xiaoli is a college student. Xiaoming serves as the Jugu Education Consulting Center.

In September 2021, Xiaoli paid an unreasonable negative information on the circle of friends who paid the online celebrity WeChat account in the campus to publish a certain Education Technology Co., Ltd. (hereinafter referred to as "Chengxiang Company"). The next day, Xiaoming paid in his WeChat work group to ask others to forward the false negative information of a certain company.

It is understood that there is a competitive relationship between the Juxian Education Consultation Center and the Chinese company, and both have postgraduate training programs.

Enterprise filed a lawsuit for reputation

Trip of the second instance

The company filed a lawsuit with the People's Court of Jinwan District, Zhuhai City, and asked Xiaoming and Xiaoli to issue an apology statement in their respective WeChat friends circles, and compensated the economic losses and reputation losses for a total of 50,000 yuan.

The court of first instance was tried,

The behavior of Xiaoming and Xiaoli in accordance with the law constitutes the right to infringement. Xiaoming and Xiaoli need to use WeChat when using infringement to issue a statement or apology letter in their WeChat friends circle to clarify the facts and apologize for the company. For 60 consecutive days, the scope of their respective WeChat friends circles should be set to the range of the last six months without setting packets to be visible and shielded. At the same time, Xiaoming and Xiaoli paid 6,000 yuan in compensation to the company.

Xiaoming and Xiaoli refused to accept the first trial judgment and appealed to the Zhuhai Intermediate People's Court, requesting to reject all the company's request for a certain company.

The court of second instance believes that

Xiaoli released a circle of friends to unspecified third parties to the false facts that are not conducive to the reputation of a certain company; Xiaoming known that Xiaoli spread was a false fact, and the WeChat work group that was still promoting business was required to request others in the circle of friends in the circle of friends. For forwarding, the two have implemented the infringement that is sufficient to reduce the social evaluation of a certain company, affects customers' evaluation of the service of a certain company, and damages the overall reputation and image of the company, and should bear the corresponding legal liability.

In the second instance, the first trial judgment was maintained. Xiaoming and Xiaoli must issue a statement or apology letter in their respective WeChat circle of friends for 60 consecutive days, and paid 6,000 yuan in compensation to the company.

Judge: WeChat friends circle is not outside the law

In this regard, Wang Dan, judge of the Zhuhai Intermediate People's Court, said:

As a new way of information exchanges and communication, the WeChat circle of friends has become a platform and tools for people to show daily life, express personal speech, and comment in the world.

The WeChat circle of friends is not a place outside the law. When making remarks in the WeChat circle of friends, you need to be cautious and respect the legitimate rights and interests of the law and others.

The false news of the fabricated fabrication in the WeChat circle of friends has caused the reputation of others (including the reduction of the social evaluation of the business subject and the damage to goodwill), which may constitute civil infringement. civil liability.

In accordance with relevant laws, the use of information networks to infringe on the personal rights and interests of others, the scope of compensation loss not only includes the direct property loss and mental damage of the infringer, but also the infringement or the entrusted agent to investigate the infringement, obtain evidence, etc. Reasonable cost.

- END -