Some time ago, Zhang Xuefeng said in a live broadcast: Liberal arts are all service industries, and it can be summed up in one word: 'licking', that is, I will give you a smile. He also gave the example of "a lawyer is sales", you have to sell yourself and let the other party hand over the case to you!
Soon, this topic was on the hot search.
So, is Zhang Xuefeng's remarks a "personality debasement and provocation" for liberal arts students?
Does the word "lick" express an image of "flattery", "flattery" and "groveling"?
Do their words and actions involve insults?
Does Zhang Xuefeng need to be responsible for his words and deeds and bear the corresponding legal responsibility?
On January 8, the case was accepted by the Huqiu District People's Court of Suzhou City, and the case status is in the stage of online case filing and review.
The court has accepted the case, but will it prevail?
Judging from the published indictment, the blogger sued for damage to his personality rights and reputation rights in his own name, and he needed to provide evidence to prove whether his personality, reputation or other substantive rights had been damaged, that is, he needed to submit evidence to prove the specific content, scope, and degree of his social evaluation as a liberal arts student.
Zhang's comments are aimed at a group, not an individual.
In addition to this, the following conditions need to be met to claim moral injury solatium:
1. The degree of fault of the infringer;
2. Means of infringement;
3. Consequences;
4. The economic status of the infringer;
5. Local living standards, etc.
In previous cases, some courts would hold that there was no direct directivity between the plaintiff and the defendant's remarks, and the remarks were judged by common sense only to make the audience laugh, and did not involve an allusion to the plaintiff personally, so the plaintiff's claim that the infringing remarks did not meet the specific requirements, so they did not support the plaintiff's claim.
For a long time, some public figures do not seem to realize that as a public figure, their words and deeds will have a great influence, and they have expressed inappropriate remarks about a certain type of special group of people and people in a certain region, which has caused dissatisfaction among some people in the group, and then sued to the court, but in terms of the final result, there are not many cases of winning the lawsuit.
Lawyer Li Mai said that no matter what the outcome, we should be aware of the importance of freedom of speech. While everyone has the right to express their opinions, they also have a corresponding social responsibility.
At present, the opinions expressed do not necessarily conform to the mainstream, but they should be reasonable, logical, and stand up to scrutiny. After all, the Internet is not a place outside the law, freedom of speech and supervision have a basic "law", we must be cautious in words and deeds, and jointly build a more harmonious and rational social environment. Zhang Xuefeng's lawsuit has been accepted by the court