Auto show rights protection scene
Cover news reporter Chen Yanfei Shi Wei sent from Anyang, Henan
What would it be if you were to evaluate your 2021 in one word?
"Complex." Faced with this question, Ms. Zhang thought for a long time and gave this answer. For Ms. Zhang, in the first 4 months of 2021, she was just an ordinary person "from a third- and fourth-tier city", and after the rights protection, she became the center of public opinion, the representative of Tesla's rights protection owners, the main contributor to the negative image in Tesla's eyes, after asking Tesla to provide complete driving data, Ms. Zhang fell into a dilemma.
"I used to live quite happily, after the rights defense incident, my life seems to be stuck, I can't retreat or enter, this matter is not resolved, you lose interest in all other things." 」 Ms. Zhang said, "Of course, I want to go back to my ordinary life, but I am a stubborn person, not willing to tesla has always been arrogant to me, I want to prove that I did not lie, but also want to give an account to the majority of car friends." ”
On April 19, 2021, Ms. Zhang wore a "brake failure" T-shirt to defend her rights at the Tesla booth of the Shanghai Auto Show, which attracted widespread attention. On December 24, Ms. Zhang sued Tesla for defamation infringement and heard at the Beiguan District People's Court in Anyang City, Henan Province. After more than 8 months, when people thought that the matter was over, a new round of confrontation between Ms. Zhang and Tesla had just begun.
"Shaping a professional car" or an "objective statement"?
Ms. Zhang was at the entrance of the courthouse
"I've been waiting for this day for a long time, and I hope that today's trial will go smoothly." On the morning of December 24, after simply expressing her feelings, Ms. Zhang turned and walked into the court, and due to the epidemic prevention and control reasons, only Ms. Zhang's immediate family members could accompany the audience, and the rest of the people who cared about the matter could only wait for the outcome of the trial outside the snowy court.
The reporter learned through the indictment and Ms. Zhang's lawyer that the controversy in the case revolved around whether Tesla's two voices after the rights protection incident portrayed Ms. Zhang as a "professional car trouble".
On April 19, 2021, Tao Lin, global vice president of Tesla, said in an interview with the media: "The recent negatives are all contributed by her (referring to the plaintiff)", "only willing to pay high compensation", "I must insist on high compensation", "I think she is very professional, there should be (people) behind her." ”
On April 28, 2021, the defendant Tesla (Shanghai) Co., Ltd.'s official microblog "Tesla" posted that Ms. Zhang's husband said that "there is a 'team' from Beijing around her to assist, and in 'cooperation' with others, she can only obey the help, and the 'team' claims to help her 'whitewash' and meet its demands..."
Ms. Zhang's lawyer believes that Ms. Zhang, as an ordinary car owner, had a product quality dispute with Tesla Company due to a traffic accident, and the Tesla side should have actively negotiated and handled it with an attitude of seeking truth from facts and respecting customers, but the Tesla side publicly made unfounded and contrary to the facts, intending to create a negative image of the plaintiff making unreasonable trouble and professional car trouble, resulting in Ms. Zhang being subjected to daily network attacks and insults, and she and her family suffered huge mental pressure and heavy reputation losses.
Tesla said: "Based on the facts, we will fully present evidence, hoping to get a fair and just judgment from the court." ”
Prosecuting defamation violations is just the beginning
Ms. Zhang posted the accident vehicle on Weibo
It is understood that this is the first time that Ms. Zhang has taken up a legal weapon against Tesla. "Because the lawsuit of brake failure must get complete data, Tesla does not give, the lawsuit lacks corresponding evidence, and the reputation right lawsuit can only be regarded as a helpless move." Ms. Zhang admitted that at the same time, Ms. Zhang also made it clear that suing Tesla for infringement of the right to reputation is only the beginning, "The materials I have submitted to the court now have a total of 4 aspects, reputation rights, privacy rights, data information rights, and product liability disputes." ”
However, it is not only Ms. Zhang who has taken up the legal weapon, Tesla's side has also sued Ms. Zhang for infringement of her right to reputation in Shanghai. On August 14, Ms. Zhang received a pre-litigation mediation opinion inquiry from the Shanghai Qingpu District People's Court, and Tesla demanded that Ms. Zhang apologize and compensate 5 million yuan for the loss of the right to reputation.
Regarding the two parties suing each other for infringement of the right to reputation, the relevant person in charge of Tesla said: "I have indeed received the notice of the trial of the case, will actively respond to the lawsuit, respect the judicial ruling, and do not want to interfere too much before this, causing misleading public opinion." Ms. Zhang believes that "consumers have the right to criticize and evaluate the goods they buy and the services they receive." And what I have been saying all along is my personal experience with my family, the objective facts that happened, and I believe that the law is just. ”
"Dead" is because you feel disrespected
Ms. Zhang was detained by the police after defending her rights
Ms. Zhang said that the reason why she chose to fight Tesla to the end was because Tesla's attitude made her feel disrespected. "If Tesla had been very sincere in solving my problems in the beginning, even if it was just a perfunctory part of my emotions, there probably would be no next thing." But what I got was your arrogant reply, I felt that my intelligence had been insulted, and I had to tell you a real statement, to die to the end. Ms. Zhang said.
After choosing to stumble to the end, Ms. Zhang is facing a long wait. After a delay with Tesla on "providing complete data," Ms. Zhang said she submitted a written submission to the State Administration for Market Regulation in mid-August, which focused on Tela's incomplete data and missing important brake-related data. In late November, she said, the State Administration for Market Regulation replied that it was already under investigation and that it needed to extend some working days because the case was too complex, and she was now patiently waiting for a final response. "As long as this survey comes out and gives complete data, no matter what the result is, I am willing to accept it."
For the future plan and the distant road to rights protection, Ms. Zhang said: "I used to be a person who loved life, liked to drink coffee, do food, travel, fitness, these things because of rights protection are shelved, so I told myself, we must strive to defend rights as soon as possible, and then do what I want to do, I can't do rights protection as a career for a lifetime, if I am really tired, then I will take a break to play, come back and continue." ”