On December 17, the reporter learned from the Chengdu Internet Court of the First Court of Railway Transport that recently, the court tried a case in which a woman posted a message in the circle of friends and QQ space to complain about her boyfriend and her current girlfriend, but was sued by the man's current girlfriend.
Courtesy of Chengdu Internet Court
After trial, the court held that in the article "Daqiang (male, Xiaomei's ex-boyfriend) and Xiaofang (plaintiff, Daqiang's current girlfriend) at a certain school" published in the WeChat circle of friends and the "QQ" space, the titles of "being xiaosan", "white lotus", "jumping beam clown" and "don't face" about Xiaofang had the characteristics of derogatory personality and disguised insults. It has been further disseminated and spread in the circle of classmates and in the Weibo comment area, and there have been derogatory comments against Xiaofang, resulting in a negative impact on Xiaofang's personal conduct.
Although the incident was due to Daqiang's misconduct in the two relationships, it did not constitute an excuse for his verbal insult to Xiaofang, and it had a certain fault, so it constituted a reputation infringement against Xiaofang. Therefore, the court ruled that the defendant Xiaomei should use real-name authentication to publish an apology statement in her "QQ" space and WeChat circle of friends, and compensate the plaintiff Xiaofang for mental losses of 500 yuan.
Posted about ex-boyfriends and his current girlfriends
Sued by his current girlfriend for infringement of the right to reputation
The defendant Xiaomei and Daqiang were former boyfriends and girlfriends, and the plaintiff Xiaofang and Daqiang were currently boyfriends and girlfriends, and all three had studied in the same school together.
In April 2020, after being introduced by relatives on both sides, Daqiang concealed that he was in love with Xiaomei (the defendant), and began to communicate with Xiaofang (the plaintiff) and confirmed the relationship. At the beginning of May, Xiaomei and Daqiang broke up.
During the period from May to June 2020, Da Qiang and Xiao Mei sent WeChat and made voice phone calls to each other. Among them, although the relationship with Xiaofang has been confirmed, Daqiang still sent his former girlfriend Xiaomei many times "No matter what, you are the one I want to go on the most" "So don't we contact?" What about being together, don't you know to come back and dig the foot of the wall? "You've told me many times not to contact, but I can't change my cheeky awkward chat" and other ambiguous WeChat messages.
In mid-June 2020, Xiaofang and Xiaomei met, and the two sides added WeChat to contact each other. After that, Xiaomei (the defendant) repeatedly sent information such as her interaction with Daqiang to Xiaofang (the plaintiff), during which she expressed that Daqiang's personal moral conduct was bad and did not want Xiaofang to be harmed, and Xiaofang did not reply.
On August 24, 2020, Xiaomei posted a long article "Don't Call Me Again" in her WeChat circle of friends and "QQ" space, the main content of which is to describe the emotional dispute between the three people and their own inner feelings, in which there are "splitting legs and being promoted by Xiaosan is a disgraceful thing, your precious life partner is just a piece of garbage that has been rotten in my eyes" "I really think you are a bit of a white lotus" "I have done a clean and free turn, why do you still have to twist your face?" I say two beam-jumping clowns don't even want to face, right? and other remarks. A day later, Xiaomei set the browsing permission of the article to be visible only to herself in the WeChat circle of friends and the "QQ" space.
In one day, Xiaomei (defendant) WeChat circle of friends liked 2 people, visible friends 18 people, many of whom were two school classmates. Xiaofang (the plaintiff) then requested that Xiaomei be sentenced to publicly apologize and compensate for moral damages and other expenses on the grounds of reputation infringement.
The ex-boyfriend was at fault
However, it does not constitute an excuse for verbal insults
After trial, the court held that in the article "A school's strong and Xiaofang don't call me again" published by the defendant Xiaomei in the WeChat circle of friends and the "QQ" space, the titles of "being "little three", "white lotus", "clown jumping beams" and "don't face" about Xiaofang had the characteristics of derogatory personality and disguised insults.
Although the number of readers in the "QQ" space and the number of people who can be seen in the WeChat circle of friends are limited to a certain range of time, because the title of the article clearly indicates "a certain school", "Xiaofang" and "Daqiang", in fact, it has been further disseminated and spread in the circle of classmates and the Weibo comment area, and there have been derogatory comments against Xiaofang, resulting in a negative impact on Xiaofang's personal conduct and reducing her social evaluation. "Although one of the causes of this incident was Yu Daqiang's misconduct, it did not constitute a reason for his exoneration from liability for verbally insulting Xiaofang, and it had a certain fault, constituting a reputation infringement against Xiaofang." The presiding judge of the case told reporters.
At trial, the court held that because the defendant Xiaomei's inappropriate remarks caused the plaintiff Xiaofang's social evaluation to decrease, she should bear the liability for compensation for mental damages. However, considering the impact of the outsider's strong misconduct on Xiaomei, the degree of fault is relatively low, and Xiaomei can be judged to compensate Xiaofang for mental losses. In the end, it was ruled that the defendant Xiaomei should use real-name authentication to publish an apology statement in her "QQ" space and WeChat circle of friends, and compensate the plaintiff Xiaofang for mental losses of 500 yuan.
The judge said:
The infringement case is small and large, taking the common cases of emotional disputes between men and women in daily life as a starting point, making it clear that the Internet is not an extralegal place, the WeChat circle of friends, Weibo, "QQ" space, etc. are important components of cyberspace, and speech and related online behavior should also demarcate boundaries. In this case, the defendant suffered a certain degree of emotional pain due to his predecessor's improper and ambiguous behavior, but he was also the perpetrator of the online reputation infringement, and publicly accused and insulted the content that should be within the scope of personal handling affairs in cyberspace, constituting a reputation infringement.
The Chengdu Internet Court hereby advocates that the public should consciously practice the core socialist values of civilization, harmony and friendliness, and jointly build and maintain a clear and orderly cyberspace.
Source: Chuanguan News
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