In modern society, reputation, as an intangible asset, brings many benefits to social subjects. However, with the increasing development of social science and technology, there are more and more violations of the right to reputation, and the methods are more complex. How should defamation infringement be determined? What evidence is needed?
I. What evidence is needed for infringement of the right to reputation?
(1) Evidence proving the parties' qualifications as subjects
(2) Evidence proving the existence of the facts of infringement
1. News media, books and periodicals report falsely to citizens or legal persons and damage their reputation. Such as the original carrier of the content of the report.
2. Literary works that fabricate facts, insinuate, and slander others.
3. Evidence of personal attacks, insults, or derogatory derogations against others by oral, written, or violent means. Witness testimony and written materials may be cited.
4. Evidence that slanders the reputation and credibility of others and damages the dignity of others by concealing the truth, fabricating facts, and disseminating them.
(3) Evidence proving that the facts of the infringement caused the consequences of the damage, such as the punishment of the unit, the mental blow of the parties and the mental illness of the parties, and the decline in the economic benefits of the legal person.
(4) If the defendant claims exemption from liability, it shall provide evidence that it is not at fault or has not harmed the plaintiff's right to reputation.
(5) Where there are specific litigation claims, the calculation methods, basis, and list of the amount of the litigation claims shall be submitted.
2. Put forward opinions in the work contact form to evaluate whether the right to reputation will be infringed.
The defendant's submission of opinions and evaluations in the work contact form in accordance with the contract is a defense of infringement of the right to reputation and an act of proper exercise of rights.
The defence of infringement of the right to reputation refers to the facts submitted by the defendant in response to the plaintiff's claim to bear the responsibility for infringement of the right to reputation, which proves that the plaintiff's claim is not established or is not fully established. The main reasons for the defense are as follows: the content is true, the public opinion supervision is legitimate, the reasonable quotation, the legitimate exercise of rights, the consent of the victim, the fault of a third party, and the performance of legal and moral obligations.
The proper exercise of rights should have the following elements:
(1) There must be legal authorization or the right to carry out a certain act in accordance with legal provisions and contractual agreements.
(2) The proper exercise of rights is necessary. The proper exercise of rights does not always result in an infringement of the right to reputation of citizens and legal persons, and can only be a defence if the exercise of rights is necessary and the exercise of rights will cause harm to others.
The evaluation of opinions related to personal morality made by legal persons or other organizations on employees in accordance with the contract is an act of proper exercise of rights. Even if the evaluation is improper, it cannot be considered a violation of the right to reputation. Because the evaluation of opinions based on the contract is itself a manifestation of the legal exercise of rights, it should not involve the infringement of the right to reputation.
However, if you maliciously spread speech that is detrimental to the reputation of others beyond the scope of your authority, it can constitute infringement.
Where the right to reputation is violated, the civil right is violated. At this time, the infringed party can directly file a civil lawsuit with the people's court, requiring the other party to immediately stop the infringing act, eliminate the impact, apologize, and compensate for its own losses. Of course, it is also possible to file a criminal private prosecution with the court and pursue the criminal liability of the other party for defamation or insult. However, no matter what type of litigation, it requires that the infringed party be able to provide sufficient evidence.