Due to sending a circle of friends, the couple was sentenced to 60 days apologize information

Published in WeChat circle of friends

There are negative evaluations of goods and enterprises

False information

Does it constitute an infringement of reputation?

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Zhuhai Intermediate People's Court

Identify together

Posted unrealistic negative information in the WeChat circle of friends

Cases of infringing reputation

Maintain the first trial judgment

Request infringer

In the circle of friends for 60 consecutive days

Publish a message of apology

1

Couple paid

Let others publish 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.

2

Corporate rights protection filed a lawsuit for reputation

Requires to eliminate adverse effects

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.

After hearing the first instance, the behavior of Xiaoming and Xiaoli in accordance with the law constituted the right to infringe on reputation. Xiaoming and Xiaoli needed to use WeChat when using infringement to issue a statement or apology letter in their respective WeChat circle of friends to clarify the facts for a certain company for a certain company. The apology, the time is 60 days in a row, and the scope of the respective WeChat circle of friends should be set to the range of the friends to view it to the last six months without setting in groups to be visible and shielded. At the same time, Xiaoming and Xiaoli paid 6,000 yuan in compensation to the company.

3

Posted false information in the circle of friends

Establish the right to infringement

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 that are not conducive to the false facts that are not conducive to the reputation of a certain company; Xiaoming known that Xiaoli spreads the false facts and still has paid requests in the WeChat work group that promotes the promotion business. Others reposted in the circle of friends. Both of them implemented infringement that was enough to reduce social evaluation of a certain company, affecting customers' evaluation of the service of a certain company, and damaging the overall reputation and image of the company. Essence

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.

4

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.

—————————————— Source: Zhuhai Intermediate People's Court

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