At present, the short ** platform has become an important medium for the public to record life and share insights. However, is everything free to post? What should I do if I infringe on the legitimate rights and interests of others? Recently, the People's Court of Zhanyi District, Qujing City, heard a case of a dispute over the right to reputation caused by Douyin**.
Neighborhood conflicts lead to fights and disputes over reputation rights
Mr. and Mrs. Zhang and Mr. Yu are villagers in the same village as Mr. Zhou and Mr. Yu, and there are conflicts between the two parties due to their neighborly relationship. On August 3, 2023, Zhang Moumou, Yu Moumou and Zhou Moumou and others clashed, and the two parties and their relatives pushed each other. The dispute has been reported to the police on the same day. Afterwards, Zhou Moumou posted **and** on his personal Douyin account, with comments with abusive texts, which caused a large number of likes and comments. Yu Moujia posted Douyin with another Douyin account**Zhou Moumou, and posted swearing comments in the comment area.
After discovering the above situation, Zhang Moumou, Yu Moumou and their relatives filed a lawsuit with the Zhanyi Court on September 7, 2023, demanding that the defendant stop infringing on the plaintiff's right to reputation, and at the same time publicly apologize on the Douyin account of the two defendants, with a publicity period of 30 days; The defendant was ordered to eliminate the impact (delete the Douyin account related to the plaintiff) and restore the plaintiff's reputation.
The judge ascertains the truth of the fact
After the case was accepted by the court, the above facts were ascertained through the first trial, the parties presented evidence and cross-examination. After trial, the court held that Zhou Moumou used his Douyin account to publicly abuse the plaintiff on the Douyin platform many days after the dispute occurred, and Yu Moumou A abused in the comment area, and the words of the two defendants infringed on the plaintiff's personality and violated his right to reputation. In accordance with article 1,000 of the Civil Code of the People's Republic of China, "Where the perpetrator bears civil liability such as eliminating the impact, restoring the reputation, or making a formal apology for the infringement of personality rights, it shall be commensurate with the specific manner of the conduct and the scope of the impact caused." Where the actor refuses to bear the civil liability provided for in the preceding paragraph, the people's court may employ methods such as publishing an announcement or publishing an effective judgment document in newspapers, periodicals, networks, and so forth, and the costs incurred are to be borne by the actor. "The two defendants should each delete all posted words, comments and ** on their Douyin platform, as well as apologize to eliminate the impact. The scope of deletion shall be Douyin** and all the words and comments related to the plaintiff in the Douyin** and ** published by the defendant involved in the case, and all kinds of abusive and abusive ** and remarks about the plaintiff shall not be published.
Based on the actual circumstances of the dispute between the two parties, the court determined at its discretion that the period for the duo to apologize and publicize on their Douyin account was 15 days. Judgment: 1. The defendant Zhou Moumou deleted all the words and comments related to the plaintiff in his Douyin account and all the words and comments involving abuse of the plaintiff. 2. The defendant Zhou Moumou should immediately stop the infringement and apologize for insulting the plaintiff on his personally registered Douyin account; The publicity period is 15 days. 3. Defendant Yu Moujia should immediately stop the infringement and apologize for abusing the plaintiff on his personal Douyin account; The publicity period is 15 days. 4. Reject the plaintiff's other litigation claims.
The judge interprets the law
Reputation is the social evaluation of the character, prestige, talent, and credit of a civil subject. Civil subjects enjoy the right to reputation. Any organization or individual must not infringe upon the right to reputation of others by means such as insult or defamation, and spreading false rumors on the Internet without reason constitutes an infringement of reputation, and shall bear civil liability in accordance with law to stop the infringement, restore reputation, eliminate impact, make formal apologies, and compensate for moral damages.
Citizens enjoy freedom of speech in accordance with the law, but freedom of speech should be limited to the extent that it does not harm the lawful rights and interests of others, and the duty of care should be fulfilled, and the reputation of others should not be damaged as a result. Netizens shall be subject to moral norms and legal constraints, and shall seek truth from facts, abide by discipline and law, speak rationally, and use the Internet in a civilized manner. If you ignore the facts, act indiscriminately as a "keyboard warrior," or even infringe upon the reputation rights of others in order to vent your momentary anger and speak quickly, you must bear the corresponding legal responsibility.