The Paper's reporter Yue Huairang
The Hangzhou "Metro Mengwa" portrait rights case, which once aroused widespread public opinion, was recently sentenced.
According to the surging news previously reported, the cute and loving cute baby photo was obviously taken on the Hangzhou subway, but Du Mou fabricated "a little girl on the Japanese subway, going to school alone" on his Weibo post, and the girl's family still refused to delete it after debunking the rumors. The Hangzhou Internet Court recently made a judgment, ordering the defendant Du to apologize to the girl involved in the "Rule of Law Daily", compensate 10,000 yuan for spiritual consolation and 5,000 yuan for the loss of rights protection costs.
The surging news reporter noted that the little girl's mother posted on December 31, 2021 through Sina Weibo, making a public response to the verdict: "Justice will never be absent! Thanks to the support of all enthusiastic netizens, I have the motivation to continue, these two things from the beginning of the case without identity information to the completion of the lawsuit with the help of lawyers and court coordination, during which I made a great psychological struggle with my family, and finally with the support of everyone, I wanted a result for this 'patriotic' feeling. ”
The little girl's mother said: "The Hangzhou Internet Court has also repeatedly recognized the importance of the sense of national honor to a citizen in the judgment, and the court has said it well in a few paragraphs: the most basic respect for a person is to respect his personality, the most basic respect for a country is to respect his national personality, the national character is the national dignity, and the national character is also an important embodiment of the national identity and national feelings contained in the individual personality of each citizen of the country. Patriotism is the deepest and most lasting emotion in the world, love comes from the fact that 'I' belong to this country, but this country contains 'I', this is the country of 'me', and 'I' has an inseparable spiritual blood connection with the mountains, history, culture and values of this country. ”
Finally, the little girl's mother also expressed her gratitude to the netizens who paid attention to this incident: "These two things have come to an end, and the amount of compensation is not my purpose, so I am still very satisfied with the final result, and once again thank all the patriotic and enthusiastic netizens who support me, as well as Lawyer Zhang Yanping and Xu Rui of Zhejiang Kangcheng Law Firm who have made a lot of efforts to deal with the whole thing, thank you, may the great motherland prosper and prosper, the nation be rich and strong and friendly." ”
Screenshot of the plaintiff's Weibo in the Hangzhou "Metro Mengwa" portrait right case.
On July 7, Du posted a photo of a little girl on his Weibo, saying that "the little girl on the Subway in Japan, going to school alone, that look full of confidence and courage, is so cute." Netizens found that this photo was actually taken by the girl's mother, which had previously been published in the "Little Red Book", the Chinese girl in the photo was called Xiao Lou, and the shooting location was the Hangzhou Metro. Netizens have left messages under the microblog to correct, but Du refused to correct it.
The next day, some netizens left a message to Xiao Lou's mother's "Little Red Book" account to inform that Xiao Lou's mother debunked rumors on Weibo and Xiao Hong Shu respectively, and Du still refused to delete them. Xiao Lou and his guardian believe that Du infringed on Xiao Lou's portrait rights and filed a lawsuit with the court, demanding that Du apologize and compensate for losses.
Since the media last July, the media stole pictures to boast of "Japanese little girl confidence".
On July 9, 2021, the surging news published a report "Self-media stealing to boast of "Japanese little girl self-confidence", child mother: my child is a son and daughter of China", which caused widespread concern in public opinion.
In its judgment, the Hangzhou Internet Court held that the Civil Code stipulates that the constituent elements of infringing the right to portraits of natural persons are: the act of using the portraits of others without the consent of the person. In this case, the plaintiff was a person without capacity for civil conduct, others should obtain the consent of the guardian in using the plaintiff's portrait, and the defendant published a picture with the plaintiff's portrait without the consent of his guardian, which was illegally used.
The first webpage of the daughter photo provided by the plaintiff in the Hangzhou "Metro Mengwa" portrait right case.
The plaintiff's claim for compensation for moral consolation money and reasonable rights protection costs was upheld by the court. The court held that if the defendant misunderstood the identity of the plaintiff at the beginning of the publication of the blog post involved in the case because of the failure to exercise due diligence, then after publishing the blog post, it still refused to correct it in the case of many netizens leaving comments pointing out its errors, subjectively and completely with laissez-faire intention; and the plaintiff's mother still did not delete the blog post after debunking the rumor, which was enough to show its subjective intention.
Second, the plaintiff is a 3-year-old child and his rights should be specially protected. The consequences of mental damage to the violation of minors, especially children's personality rights, are often potential and long-term. The plaintiff's understanding of the events involved in the case may still be in a state of ignorance, but the traces of the incident in the network will not automatically disappear with time, and when the plaintiff grows up, it still needs to independently face the negative impact that the incident may cause to it, so the mental damage caused to the plaintiff by the defendant's tortious acts is objectively existent, and the consequences are more serious.
Responsible editor: Jiang Chenrui Photo editor: Shen Ke