With the popularity of social software and we media platforms, it becomes more convenient for people to express their views and information on the Internet. However, once inappropriate remarks are made, they can easily spread widely on the internet, causing negative impacts. The court reminds that one should not engage in illegal behavior for the sake of showing off one's eloquence. 【 Case Review 】 Due to her dissatisfaction and conflicts with her colleague Xiaoli, Xiaofang posted a total of 40 insulting and defamatory messages on her social media for over a month, accompanied by photos of Xiaoli with the opposite sex and pictures with Xiaoli's phone number. Additionally, Xiaofang's WeChat friends included a large number of company leaders and colleagues. Xiaoli consciously suffered from serious mental distress and was diagnosed with depression by the hospital. Xiaoli believes that Xiaofang's fabrication of information and posting insulting and defamatory text and images on her social media have seriously degraded her reputation and image, resulting in a serious infringement of her right to reputation. Therefore, she has filed a lawsuit with the court, requesting that Xiaofang immediately cease her infringing behavior, publicly apologize, and pay compensation for mental damages. The court believes that in this case, the existing evidence does not prove the plaintiff's behavior as described by the defendant. The defendant's friend circle pictures include the plaintiff's portrait and phone number, and the defendant also posted photos of the plaintiff and the opposite sex, accompanied by insulting and defamatory text. At the same time, there were also a large number of abusive remarks aimed at venting emotions. The relevant content can be seen to directly point to the plaintiff, and the plaintiff and defendant were once colleagues in the same company, so there is inevitably a common social communication scope between the two parties. Such behavior has a serious nature of damaging and degrading the reputation of others, which will obviously lead to the damage of the plaintiff's reputation right. The court ruled in the first instance that Xiaofang shall delete 40 pieces of content related to the case posted on her WeChat account within ten days from the effective date of the judgment. She shall publicly release an apology statement to Xiaoli on the WeChat account for ten consecutive days. If she refuses or delays performance, the court will publish the main content of the judgment in the municipal media, and Xiaofang shall bear the cost; Xiaofang shall pay Xiaoli a compensation of 20000 yuan for mental damages. Xiaofang disagrees and files an appeal. The second instance court rejected the appeal and upheld the original verdict. Nowadays, online platforms such as Weibo and Moments have become important media for information dissemination. The judge reminds that online speech has the characteristics of fast dissemination and wide scope. Speeches and comments should not only comply with legal regulations and not cross the "red line" and "bottom line" of the law, but also abide by public order and respect social morality. When speaking out on the internet, one must abide by the boundaries of freedom of speech, take responsibility for the authenticity and objectivity of the content they express, and not speak or comment recklessly or spread rumors and slander for the sake of temporary emotional release or gaining attention from others. The whole society should work together to create a clean and upright online space and speech environment. (New Society)
Edit:Luo yu Responsible editor:Zhou shu
Source:people.cn
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