言论自由边界
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网络“维权”变“侵权”?互联网法庭判了!
Yang Zi Wan Bao Wang· 2025-09-18 06:47
Core Viewpoint - The rise of short video platforms has led to an increase in individuals using these platforms for rights protection, but there is a fine line between legitimate claims and defamation, as illustrated by a recent court case involving a defamation dispute stemming from a short video posted on Douyin [1][2]. Case Summary - In May 2024, an individual named Zhang was entrusted by Li to handle certain matters for a fee of 30,000 yuan, but after Li terminated the contract, Zhang only refunded 20,000 yuan. Li then posted a video on Douyin accusing Zhang of being a fraud, which garnered significant attention with nearly 400 shares, over 700 comments, and more than 2,000 likes [2]. - Zhang claimed that Li's video severely damaged his reputation and filed a lawsuit for defamation, seeking compensation for the harm caused [2]. Court Ruling - The court determined that Li's video constituted a negative evaluation of Zhang, and Li failed to provide evidence to support the truthfulness of his claims. The court found that Li's actions resulted in a significant reduction in Zhang's social standing, establishing a clear causal link between Li's defamatory statements and the damage to Zhang's reputation [3]. - Although Li deleted the video before the court hearing, the court ruled that he must publicly apologize to Zhang on Douyin, aligning the scope of the apology with the extent of the infringement [3]. Legal Implications - The case highlights the legal boundaries of free speech in the context of online platforms, emphasizing that while individuals have the right to express their opinions, they must not infringe upon the legitimate rights of others, particularly regarding defamation [4]. - The court's decision reinforces the notion that online statements must be truthful and lawful, as failure to adhere to these standards can lead to legal repercussions, including the obligation to cease infringement and restore the injured party's reputation [4][5]. Recommendations for Individuals - Individuals facing online defamation should preserve evidence such as screenshots, links, and comments to support their claims [7]. - They should utilize reporting mechanisms on social media platforms to request the removal of infringing content and seek assistance in identifying the infringer [7]. - In cases of serious defamation, individuals are advised to report to law enforcement and consider filing civil lawsuits to seek damages and public apologies [8][9].
查理·柯克之死,引发美国言论自由风暴
Guo Ji Jin Rong Bao· 2025-09-17 08:23
Core Viewpoint - The incident surrounding the murder of conservative activist Charlie Kirk has sparked a nationwide backlash, leading to numerous employees being fired or suspended for their comments on social media [1][2]. Group 1: Company Actions - Major companies, including American Airlines, United Airlines, and Delta Airlines, have taken disciplinary actions against employees involved in controversial posts, emphasizing a zero-tolerance policy towards politically motivated violence [4][5]. - Law firms and various employers have confirmed dismissals of employees whose comments were deemed inconsistent with company values, indicating a trend of corporate accountability in response to public sentiment [3][4]. - The U.S. Department of Justice has expressed intentions to investigate incidents related to employee comments, highlighting the legal implications for companies regarding employee conduct [5]. Group 2: Social Media and Public Response - A rapidly spreading online movement has emerged, where activists compile and publicize the names and employers of individuals who made controversial posts, pressuring companies to act [2][3]. - The incident has led to a significant increase in public reporting of employee comments, with some individuals actively contacting hundreds of employers to report perceived misconduct [3][4]. - The backlash has raised concerns about the accuracy and potential consequences of relying on online reports, as seen in the case of a school vice principal who was wrongly implicated in the controversy [8]. Group 3: Legal and Ethical Considerations - Legal experts note that private companies can terminate employees for comments made outside of work if they conflict with company values, raising questions about the boundaries of free speech in the workplace [6]. - The challenge of defining what constitutes "crossing the line" in employee speech has become a pressing issue, as companies navigate the complexities of public opinion and employee rights [8]. - The incident reflects a broader trend of increasing corporate scrutiny over employee expressions on social issues, suggesting a potential shift in workplace culture towards less tolerance for controversial opinions [8].
托举那个被网暴的医生
经济观察报· 2025-08-07 13:36
Core Viewpoint - The article highlights the tragic case of Dr. Shao, who succumbed to online bullying and medical disputes, raising questions about societal support and the consequences of unchecked online violence [2][3]. Group 1: Online Bullying and Its Impact - Dr. Shao faced continuous online harassment for seven months, which was exacerbated by three medical disputes, leading to her tragic death [2]. - The article emphasizes that online bullying has previously led to the demise of others, indicating a pressing need for zero tolerance towards such behavior [2][3]. - The societal response to Dr. Shao's situation reflects a broader issue of how individuals can be isolated and unsupported during crises, ultimately leading to devastating outcomes [4]. Group 2: Legal and Institutional Responses - The judicial system must adapt to hold online bullies accountable, as demonstrated by the recent ruling in the Liu Xuezhou case, which established a precedent for linking comments to tragic outcomes [3]. - There is a call for medical institutions to protect their staff during disputes, ensuring that doctors are not left to face public backlash alone [4]. - Following Dr. Shao's death, local health authorities initiated investigations into the bullying and the medical disputes, highlighting the need for institutional support in such cases [3].
胖东来起诉网红:言论自由“度”在哪?流量至上困局咋解
Qi Lu Wan Bao Wang· 2025-05-08 08:11
Core Viewpoint - The incident involving the influencer "Chai Dui Dui" questioning the profit model of the supermarket "Pang Dong Lai" highlights the complexities of free speech in the digital age and raises questions about the responsibilities of various stakeholders in managing online discourse [1] Group 1: Legal Issues and Implications - The core of online infringement lies in misleading statements that can harm others' social reputation or economic interests, as seen in the Pang Dong Lai case [2] - The determination of the falsity of statements is crucial; regulatory investigations showed that Pang Dong Lai's jade products had reasonable profit margins, contradicting claims of "excessive profits" [2] - The subjective motive behind the influencer's statements may be scrutinized, especially given their significant sales figures in the jade market, raising concerns about potential malicious intent [2][3] Group 2: Platform Governance and Responsibilities - The incident reflects the shortcomings of platforms in managing content under a "traffic-first" logic, necessitating a shift from passive compliance to proactive governance [4] - Recommendations for platforms include implementing a three-tier governance system involving AI filtering, manual review, and credit rating to enhance content management and protect brand reputation [4] - The need for platforms to establish rapid response mechanisms for infringement complaints is emphasized, with examples of improved efficiency through initiatives like "reputation protection whitelist" [4] Group 3: Judicial Mechanisms and Innovations - Current judicial mechanisms need optimization to address the unique characteristics of online infringement, such as immediacy and cross-regional issues [6] - Proposed innovations include expanding the jurisdiction of internet courts to cover new types of disputes and establishing a collaborative mechanism between administrative regulation and judicial adjudication [6] - The suggestion to implement a "small claims fast track + model judgment" approach aims to streamline the resolution of minor online infringement cases, reducing the burden on rights holders [6]