Right of reputation infringed how to protect their rights (lawyer mailbox)

2022-04-30 0 By

Zhang is a network platform registered users.In December 2020, Zhang posted a number of messages on his account, which has 70,000 followers, targeting the public figure He, using derogatory words and phrases such as “turning the pot upside down”, “spreading rumors and trashing” and “harming the world” in order to gain attention.After he mou knows very angry, think Zhang mou intentionally fabricates false facts, seriously damaged its reputation, then Sue Zhang Mou to the court, ask Zhang Mou to stop infringement immediately, and apologize to its apology, eliminate the impact, restore reputation, compensation for losses.The court after hearing that Zhang constitutes the right of infringement of reputation, judgment zhang in the account home page top position for 10 consecutive days publicly issued a statement of apology, apology to he mou, and compensation he mou spiritual damage compensation and economic loss of a total of 30,000 yuan.In recent years, network information technology has developed by leaps and bounds, bringing a lot of convenience to people’s work and life.However, due to the lack of realistic restrictions and supervision, there are also many “Internet trolls” and “keyboard men”, randomly blasting others on the Internet.In response to this situation, the Civil Code has made relevant provisions to prevent those who post insulting or defamatory remarks on the Internet from doing so.The civil Code stipulates that the personal right of citizens shall not be infringed.Right of reputation is one kind of personality right.In real life, once you find someone damaging your reputation, you must timely collect evidence and claim your rights, otherwise even if you successfully defend your rights, it may cause irreparable reputation loss.Article 1024 of the Civil Code stipulates that civil subjects enjoy the right of reputation, and no organization or individual shall infringe upon the right of reputation of others by means of insult or slander.Reputation is the social evaluation of the morality, reputation, ability and credit of civil subjects.According to the above provisions, insult, libel is the main way to infringe the right of reputation.Insult is the behavior that damages the personality or reputation of the other party.Defamation refers to the act of illegally damaging the reputation of others by spreading false facts to a third party so as to lower the social evaluation of others.How to determine whether the infringement infringes upon the right of reputation depends on three conditions: first, whether the actor has carried out insults, defamation and other defamatory acts, that is, intentionally derogate the personality of others by violence or other means, damage the reputation of others, or fabricate false facts to uglify the personality of others, damage the reputation of others;Second, the act of infringing upon reputation has a specific direction. If there is no or insufficient identification of the direction, one cannot claim that the other party infringed upon his right of reputation.Thirdly, the act of infringing reputation rights has been made public and known to a third party, that is to say, the act of infringing reputation carried out by the perpetrator does affect the victim’s social evaluation.Infringing upon others’ right of reputation, one should bear tort liability, such as stopping the infringement, making amends, compensating for losses, etc.If the circumstances are so egregious that irreparable losses are caused to the infringed, the infringed party may also file a criminal private prosecution to protect the reputation by the crime of insult or libel.According to the Criminal Law, those who insult others by violence or other means or slander others by fabricating facts, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.Here “serious” is an important condition, generally understood as the means of bad, serious consequences, impact is very bad.How the actual infringer decides the civil action is the common way to solve the infringement of reputation right.According to the Civil Procedure Law, a civil lawsuit must have a clear defendant.In practice, online accounts are often anonymous, and platforms are unwilling to provide real information of the other party due to privacy agreements. In this case, the infringed party can directly file a lawsuit against the network platform.According to the Supreme People’s Court about the use of information network infringement personal rights and interests of civil disputes provisions on some issues of applicable law, the people’s court may, according to the specific circumstances of the plaintiff’s request and case, order the network service provider to provide the alleged infringement network user name (name), contact information, such as network address information.If the network service provider refuses to provide the network service without justified reasons, the people’s court may take measures such as punishment.Article 1194 of the Civil Code stipulates that network users and Internet service providers who infringe upon the civil rights and interests of others through the network shall bear tort liability.If any law provides otherwise, such provisions shall prevail.Whether the operators of online platforms need to bear liability depends on whether they facilitate users’ infringement or whether they fail to fulfill their regulatory obligations and thus cause losses to others.If the damage is caused by other infringing subjects and the platform operator fails to fulfill its relevant obligations, the platform operator shall be liable.The lawyer reminds that according to the provisions of the Civil Procedure Law, the principle of fault liability applies to the infringement of reputation right, and the victim should bear the burden of proof according to the current law concerning the fact that the defendant fabricated the facts and the plaintiff’s reputation was damaged.In the network reputation right infringement dispute, the infringement occurs on the Internet, which requires the infringed to timely fix and save the network information with the ability to prove.In judicial practice, in view of the situation that network information is easy to be modified and deleted, it is a typical and effective method to preserve the evidence of tort facts through notarization organizations.In this special reminder to readers, when you find yourself in network infringement of reputation, please do a good job in the first time to preserve evidence, so as not to bear the consequences of failing to provide evidence.(Yin Hongzhi, Senior partner and lawyer of Beijing Regal Zhanda Law Firm)