2023-12-21 14:16
Source: China.com
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China.com, December 21 According to the WeChat public account "Hangzhou Internet Court", on the morning of December 21, the Hangzhou Internet Court formed a seven-member collegial panel, with President Chen Zengbao as the chief judge, to hold a public trial of the public interest litigation plaintiff Hangzhou Xihu District People's Procuratorate v. Guo Moumou, He Moumou, Fu Moumou Heroic Protection Civil Public Interest Litigation Case, and ordered the three defendants to publicly apologize in the national media, and compensate a total of 150,000 yuan for public welfare damages, which was used for the commemoration and remembrance of He Kexi's heroes and martyrs. Promote and protect social welfare matters. Wang Xiaoguang, chief procurator of the People's Procuratorate of Xihu District, Hangzhou City, and others appeared in court to perform their duties.
Nearly 80 members of He Kexi's family, some deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, representatives of the military region, and representatives of the provincial and municipal legal systems, as well as more than 10 reporters from the central, provincial, and municipal media attended the trial.
Case Express
In August 2023, the family of General He Kexi, the founding major general of the People's Republic of China, discovered that some short video self-media used Comrade He Kexi's photo in the video and maliciously misinterpreted his image, and the relevant videos were forwarded in large numbers. Subsequently, the family of General He Kexi reported the above situation to the public interest litigation prosecutor.
Pictures of some of the evidence
The public interest litigation plaintiff found it after investigation
Between October 2022 and July 2023, Guo Moumou (account followers of 28,000), He Moumou (account followers of 3.56 million), and Fu Moumou (account followers of about 5,000) produced and published short videos involved in the case through their respective self-media accounts. The short video involved in the case used a photo of Comrade He Kexi as a profile picture of a negative historical figure. The video was heavily reposted on the internet after it was posted.
The public interest litigation plaintiff argued
The three defendants, as online self-media bloggers, should ensure the objectivity and truthfulness of the information they publish, and must not publish false online information that infringes on the lawful rights and interests of others. The three defendants failed to fulfill their obligation to release and verify information, and used the portrait of Comrade He Kexi to refer to the heads of historical figures with negative images. As a revolutionary pioneer, Comrade He Kexi made important contributions to the struggle for national independence and the people's liberation, and belonged to the category of heroes stipulated by law. The actions of the three defendants not only hurt the feelings of the relatives of the revolutionary heroes, but also undermined the social atmosphere and public morality of respecting heroes and martyrs, which is not conducive to the continuous inheritance of the common interests of the nation, and harms the public interest, and they should bear civil tort liability in accordance with the law.
During the trial, the three defendants made it clear that they had realized their mistakes, apologized to He Kexi's family and the public, and were willing to bear the responsibility for public interest damages.
Heard by the courts
After trial, the Hangzhou Internet Court held that, according to Article 185 of the Civil Code of the People's Republic of China, those who infringe upon the names, likenesses, reputations, and honors of heroes and martyrs, and harm the public interest, shall bear civil liability. Specifically, in this case:
1. The conduct involved in the case infringes upon the personality interests of revolutionary heroes.
As a revolutionary pioneer who made outstanding contributions to the struggle for national independence and the people's liberation, Comrade He Kexi was awarded the "Medal of Independence and Freedom of the First Class" and the "Liberation Medal of the First Class", which belong to the protection scope of heroes and martyrs stipulated in Article 185 of the Civil Code.
2. The conduct involved in the case infringed upon the three personality interests of the revolutionary hero's portrait, reputation, and honor.
The three defendants secretly stole and forwarded Comrade He Kexi's portrait photos on the Internet, infringing on his portrait.
In the video introducing a historical figure with a negative image, the three defendants used a photo of Comrade He Kexi to refer to a certain historical figure with a negative image, and also called him a "traitor", further lowering the social evaluation of Comrade He Kexi and infringing on his reputation.
As a revolutionary pioneer, Comrade He Kexi made important contributions to the struggle for national independence and freedom and the people's liberation, and he was the recipient of the "Medal of Independence and Freedom of the First Class" and the "Liberation Medal of the First Class." His heroic deeds are admirable and moving, and his heroic honor has won the respect and admiration of the people of the whole country. The three defendants slandered and desecrated the honor that Comrade He Kexi had received for his outstanding contributions to national independence, freedom, and the people's liberation, and infringed upon his honor.
As self-media bloggers with a large number of followers and a certain degree of social influence, the three defendants should strictly check the authenticity and objectivity of the video content. Moreover, the content of the video involved in the case involves "traitors", and once the information is wrong, it is very easy to cause damage to the personality rights and interests of others. However, the three defendants were subjectively at fault for failing to prudently verify the content of the video in order to earn network traffic.
3. The conduct involved in the case harmed the public interest.
The core essence of Article 185 of the Civil Code is to safeguard the public interest, and its connotation refers to: the common memory, common sentiment and national spirit of the nation, the core values of socialism, and the social atmosphere of respecting heroes and martyrs, promoting good and suppressing evil. Comrade He Kexi's heroic deeds are the epitome of the people's army's sworn defense of national independence and the people's liberation, and have established for the broad masses of the people the spiritual guidance of fighting and sacrificing for the country and the people without fear of hardships and difficulties, and are one of the cores of the Chinese nation's spirit and an important embodiment of the core values of socialism. The three defendants erroneously used Comrade He Kexi's portrait to refer to historical figures with negative images, which was a serious insult, slander, derogation, and desecration of Comrade He Kexi's portrait, reputation, and honor, and harmed the common feelings and national spirit of the people in society, and was also a distortion of the history of the War of Resistance and Liberation represented by heroic deeds, which was not conducive to the continuation and inheritance of the common memory of the nation and the country, and was also a serious departure from the core values of socialism, and their behavior constituted an infringement of the public interest.
The court held that the public interest litigation plaintiff's request to order the three defendants to publicly apologize to the public in the national news media, eliminate the impact, and bear the liability for public interest damages for their respective acts was in accordance with the law and should be supported in accordance with the law, so it made the above judgment and pronounced the judgment in court.
Heroes and martyrs are the representatives of the most outstanding groups of the Chinese nation, and the heroes and martyrs and the spirit of patriotism and heroism they embody are the inexhaustible source and important support for the soul of our country, the nation, the party, and the army, and are the collective embodiment of the spirit of the Chinese nation. The deeds and spirit of heroes and martyrs are the common memory of the Chinese nation and an important embodiment of the core values of socialism. The personal reputation and honor of heroes are always related to a certain historical background, and are also closely related to the history of modern China, and more importantly, to the social consensus and mainstream values of the mainland. Smearing these heroic groups and representatives on the Internet is not only a negation and disintegration of the core socialist values and the spirit of revolutionary heroism, but also an elimination of national beliefs and the erosion of national foundations, which is easy to have a bad impact on the value orientation of the masses, especially young people, and not only damages the national feelings of the broad masses of the people, but also dissolves the national will, and pollutes the social atmosphere and social public morality. The Internet is not a place outside the law, we must inherit the legacy of the revolutionary martyrs, never forget our original aspirations, keep our mission firmly in mind, adhere to the clear value orientation of protecting heroes and martyrs, commemorate and cherish the merits of heroes and martyrs, carry forward and inherit the spirit of heroes and martyrs, cultivate and practice the core values of socialism, use the power of the rule of law to defend the glory of heroes and martyrs, and comprehensively promote the construction of online civilization.