名誉权侵权
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贾国龙称罗永浩是“网络黑社会”,律师点评:超出公众人物容忍度边界
Qi Lu Wan Bao· 2025-09-15 07:51
Core Viewpoint - The recent comments made by Luo Yonghao regarding the pre-prepared food industry have reignited public interest and placed Xi Bei and Jia Guolong in the spotlight, particularly concerning issues of defamation and freedom of speech [1] Group 1: Legal Implications - Luo Yonghao's potential lawsuit against Jia Guolong centers on the boundaries of freedom of speech and the recognition of defamation, as per Article 1024 of the Civil Code, which prohibits organizations or individuals from infringing on others' reputation through insults or defamation [1] - The term "network black society" implies organized and premeditated illegal activities, while "network black mouth" refers to irresponsible commentators spreading false information for specific purposes [1] - If Jia Guolong cannot substantiate his claims of Luo Yonghao being part of a "network black society" or engaging in malicious rumors, his statements may be deemed defamatory [1][2] Group 2: Public Figure Considerations - As a well-known entrepreneur, Jia Guolong should have anticipated the significant impact and serious consequences of his public statements, which could lead to a negative perception of Luo Yonghao's character and reputation [2] - Unless Jia Guolong can provide convincing evidence to support his claims, his statements may constitute illegal factual accusations and personal insults, exceeding the tolerance threshold for public figures [2] - The potential legal repercussions for Jia Guolong include ceasing the infringement, publicly apologizing, mitigating the impact, and compensating for reputational damages [2]
反击网络暴力与谣言,朱雨玲:已正式起诉网暴者
Yang Zi Wan Bao Wang· 2025-09-14 09:34
Core Viewpoint - Former Chinese national table tennis player Zhu Yuling has faced ongoing online harassment since the July competition in the United States, leading her to file a civil lawsuit in August to protect her legal rights [1][3][4]. Group 1: Background and Events - Zhu Yuling revealed on social media that she has been subjected to multiple rounds of online violence, including baseless accusations and malicious rumors, which have significantly impacted her training and competition [3]. - Initially, Zhu chose to endure the harassment silently, hoping to focus on her training and competitions, but the situation escalated, prompting her to take legal action [3][4]. - During the WTT Championship in Macau, incidents of personal harassment occurred, further disrupting her ability to compete and threatening her personal safety [3][10]. Group 2: Legal Actions - Zhu Yuling has officially filed a civil lawsuit to address the infringement of her rights, seeking to use legal means to uphold her dignity and justice [3][6]. - A lawyer's statement confirmed that false information regarding Zhu's alleged debts has circulated widely online, leading to negative comments and personal attacks against her [4][7]. - The lawyer's statement also indicated that the claims of Zhu owing money are entirely fabricated, and she has reported these incidents to law enforcement agencies [7][10]. Group 3: Public Support and Reactions - Zhu's statement has garnered significant support from fans and netizens, sparking widespread discussions on social media about the issues of online violence and harassment [3].
海底捞“小便门”被判赔220万元!法律依据有哪些?
Huan Qiu Wang· 2025-09-13 03:41
Core Viewpoint - The recent court ruling regarding the "Haidilao urination incident" highlights the legal responsibilities of minors and their guardians in cases of public misconduct, emphasizing the importance of accountability and the potential financial repercussions for families involved in such incidents [1][3][5]. Group 1: Incident Overview - In February 2023, two minors, Tang and Wu, filmed themselves urinating in a Haidilao hotpot restaurant, leading to significant public outrage after the video was shared online [1][2]. - The incident resulted in administrative detention for the minors by local police [1]. Group 2: Legal Proceedings and Ruling - On March 12, 2023, the Shanghai Huangpu District People's Court ruled that the minors and their parents were jointly liable for damages, ordering them to publicly apologize and pay a total of 2.2 million yuan for damages related to property loss, cleaning costs, and business reputation [1][3][4]. - The court found that the actions of the minors constituted joint infringement on both property and reputation, with the parents also held accountable under the Civil Code [3][4]. Group 3: Financial Implications - The court determined that the costs incurred by Haidilao for replacing all restaurant utensils and deep cleaning were reasonable, amounting to 130,000 yuan, while the total compensation for business losses and legal expenses was set at 200,000 yuan [4][5]. - However, the court did not support the claim for tenfold compensation, stating it lacked a legal causal relationship with the infringement [5]. Group 4: Legal and Social Implications - The incident serves as a warning about the responsibilities of guardians in monitoring the behavior of minors, as failure to do so can lead to significant financial and reputational consequences [5]. - The revised Public Security Administration Punishment Law, effective January 1, 2026, will impose stricter penalties on minors for serious violations, indicating a shift towards more stringent legal accountability for such behaviors [2].
诋毁胖东来的网红“柴怼怼”,涉嫌销售伪劣产品被查
Guan Cha Zhe Wang· 2025-09-10 11:56
Core Viewpoint - The controversy surrounding the influencer "Chai Dui Dui" (real name Chai Xiangqian) and the company "Pang Dong Lai" has escalated, leading to legal actions and investigations regarding allegations of selling counterfeit products and defamation [1][2]. Group 1: Legal Actions and Allegations - Chai Dui Dui accused Pang Dong Lai of selling jade products at inflated prices, claiming the cost was only a few hundred yuan while selling for thousands or even tens of thousands [2]. - Pang Dong Lai filed a lawsuit against Chai Dui Dui for commercial defamation and infringement of reputation, seeking compensation of no less than 5 million yuan [2]. - Following the lawsuit, Chai Dui Dui expressed willingness to take responsibility for his statements and hoped for a court trial to reveal the truth about high-priced jade [2]. Group 2: Impact on Chai Dui Dui - Chai Dui Dui reported experiencing severe online harassment, including rumors, personal attacks, and harassment calls since the controversy began [3]. - In response to the complaints against his products, particularly a herbal tea claimed to treat various diseases, local authorities initiated investigations and found exaggerated claims, leading to legal actions against him [5]. - Chai Dui Dui's social media accounts were shut down following a campaign by the National Internet Information Office, which identified him as a typical case of online misconduct [3][5]. Group 3: Business Operations and Financial Data - Pang Dong Lai reported a sales figure of 21.9 million yuan for its Hetian jade in the first quarter, with a gross margin of 20%, which constituted only 3.6% of the jewelry department's sales and 0.34% of the group's total sales [2]. - Chai Dui Dui is associated with 25 companies, with 15 as a legal representative, indicating a significant business presence despite the controversies [5].
不满爱犬手术死亡在网络上发布贬损言论并曝医生照,侵权吗?
Ren Min Wang· 2025-08-05 00:53
Core Viewpoint - The case revolves around a couple who, after their dog died during surgery, posted defamatory comments about a veterinary hospital and its doctor online, leading to a court ruling that they must delete the posts and apologize [1][2][3]. Group 1: Incident Overview - The couple's dog died during surgery at a veterinary hospital, which they attributed to the hospital's negligence, leading them to demand compensation of 20,000 yuan [2]. - The hospital denied any wrongdoing, stating they had fulfilled their duty to inform the couple about the risks involved in the surgery [2]. Group 2: Legal Proceedings - The couple's online posts, which included derogatory terms like "black-hearted store" and the doctor's photo, garnered significant attention, resulting in thousands of shares and negative comments about the hospital [2]. - The doctor filed a lawsuit against the couple for defamation, seeking the removal of the posts, a public apology, and 10,000 yuan in damages [2][3]. Group 3: Court Ruling - The court ruled that while individuals have the right to voice grievances online, it must not infringe on others' legal rights; the couple's comments were deemed defamatory as they lacked evidence of the hospital's fault [3]. - The court ordered the couple to delete the defamatory content and post an apology on social media for ten days, while rejecting the doctor's claim for damages due to insufficient evidence of actual loss [3].
短剧被质疑“碰瓷”华为、小米,抖音:无法判定是否违规
Xin Lang Cai Jing· 2025-07-10 02:35
Core Viewpoint - A short drama titled "After Being Laid Off, the Female CEO Regrets" has drawn attention due to its similarities in character names and plot with Huawei and Xiaomi, raising concerns about potential legal implications related to intellectual property and personality rights [1][8]. Group 1: Plot and Characters - The male protagonist, Yu Chengdong, is focused on the autonomous driving sector and is depicted as being wrongfully dismissed by CEO Song Mingzhu of Tengyuan Group, later being recruited by Su Qi, chairman of Xiaomi Group, with a high salary [1]. - The drama features a plot where Yu Chengdong ultimately defeats Tengyuan Group at an automotive summit and acquires the company, leading to the dismissal of Song Mingzhu [1]. Group 2: Legal Concerns - The drama has been criticized for potentially infringing on the rights of real-life individuals and companies due to the close resemblance of character names and company names to those of Huawei and Xiaomi [1][9]. - Legal experts suggest that even indirect references to real individuals or companies can lead to claims of "implied behavior," which may infringe on trademark rights and could damage the reputation of the referenced entities [9][10]. - It is recommended that creators of such dramas obtain authorization from the real-life figures they are portraying and clarify which elements are fictional to mitigate legal risks [9][10].
被指侵权后反击!永太科技诉天赐材料名誉侵权,要求赔偿近5752万元
Mei Ri Jing Ji Xin Wen· 2025-07-03 15:09
Core Viewpoint - Yongtai Technology has initiated legal action against Tianci Materials, claiming defamation and seeking compensation of 57.52 million yuan after Tianci accused Yongtai of infringing on its trade secrets [1][5]. Group 1: Legal Actions - Yongtai Technology and its subsidiary Shaowu Yongtai High-tech Materials Co., Ltd. have filed lawsuits against Tianci Materials, demanding a total compensation of 57.52 million yuan for defamation [1]. - The lawsuits were filed in response to Tianci Materials' claims regarding the illegal acquisition of its liquid lithium hexafluorophosphate technology by former employees [5]. Group 2: Company Responses - Yongtai Technology has stated that it only produces solid lithium hexafluorophosphate and has not engaged in the production or sale of the liquid variant involved in the dispute [5]. - The company asserts that it has not purchased any trade secrets from the former employee of Tianci and that the technology in question was developed independently [5]. Group 3: Allegations and Counterclaims - Tianci Materials has accused Yongtai Technology of using its illegally obtained technology in a project with an annual capacity of 134,000 tons of liquid lithium salt [5]. - Yongtai Technology claims that Tianci has repeatedly used media to defame the company and that these actions are intended to influence ongoing bidding processes, thereby attempting to eliminate competition [5].
被网暴如何维权?如何收集保存证据?法官解答
Yang Shi Xin Wen Ke Hu Duan· 2025-06-13 08:10
Core Viewpoint - The article highlights the increasing incidents of online harassment and defamation among fans, particularly in the context of celebrity culture, and emphasizes the legal implications of such actions [1][10]. Group 1: Case Overview - A notable case involves a fan, Ms. Chen, who faced severe online harassment after expressing her views on a performance by a well-known comedian, leading to a public outcry from other fans [3][6]. - The harassment escalated to the point where Ms. Chen received threats and her personal information was shared publicly, resulting in significant emotional distress [5][6]. Group 2: Legal Proceedings - Ms. Chen collected evidence, including screenshots and videos, and filed a lawsuit against the fan account responsible for the harassment, seeking removal of defamatory content and compensation for damages [6][9]. - The court found that the actions of the fan account constituted a clear violation of Ms. Chen's right to reputation, leading to a ruling in her favor [8][9]. Group 3: Legal Implications and Responsibilities - The case serves as a reminder that online anonymity does not exempt individuals from legal accountability for their actions, as laws protect individuals from defamation and harassment [10]. - The article stresses the importance of responsible online behavior and the need for individuals to refrain from spreading false information or engaging in harassment [10]. Group 4: Evidence Collection - The article provides guidance on how individuals can collect and preserve evidence in cases of online harassment, including identifying account details and documenting content through screenshots and recordings [11][12].
相声演员粉丝超话账号“挂人”号召网暴,法院:构成名誉侵权
Nan Fang Du Shi Bao· 2025-06-12 07:04
Core Viewpoint - The case highlights the legal consequences of online harassment and the responsibilities of account managers in protecting individuals' rights, emphasizing the need to prevent online violence and defamation [1][2]. Group 1: Case Details - The case involves a well-known crosstalk actor's fan account that publicly shamed an individual, Chen, after a disagreement over a performance review, leading to online harassment [1]. - The court ruled that the account managers, Meng and Gao, must delete the harmful information, publicly apologize, and compensate Chen for damages due to the infringement of his reputation [2]. Group 2: Legal Implications - The Supreme Court's ruling serves to enhance public legal awareness regarding the misuse of online platforms for defamation and harassment, stressing that both individuals and organizations must refrain from such actions [2]. - The judgment aims to maintain social order and reduce instances of online violence, indicating a broader societal impact beyond the individual case [2].
最高法发布案例明确:个人不得擅自发布悬赏广告征集违法犯罪线索
Xin Jing Bao· 2025-06-12 03:10
Core Viewpoint - The Supreme People's Court has ruled that individuals cannot arbitrarily publish reward advertisements to solicit information about others' alleged illegal activities, as it constitutes defamation [1][2]. Group 1: Case Details - A development company sued an individual, Zheng, for defamation after he posted a reward advertisement on social media seeking information about the company's alleged illegal activities [1]. - Zheng's advertisement claimed he would reward individuals who provided verified evidence of the company's wrongdoing, which led to a lawsuit from the company demanding the removal of the advertisement and compensation for damages amounting to over 32,000 yuan [1]. Group 2: Court's Ruling - The court determined that only public authorities, such as the police, should issue reward advertisements for soliciting information about illegal activities, and that Zheng's actions misled the public into believing the company was involved in wrongdoing, thereby harming its reputation [2]. - The final judgment required Zheng to delete the infringing content, publicly apologize to the development company on his social media account, and pay over 7,000 yuan in damages [2].