Chao News client reporter Yu Qianwei Wang Chichao
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A photo of a revolutionary martyr was used in the short video of "China's Top Ten Traitors".
The family of General He Kexi, the founding major general of the People's Republic of China, found 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.
At 9:30 a.m. on December 21, the Hangzhou Internet Court held a public hearing of the 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 will be used for social welfare matters such as the commemoration, remembrance, promotion and protection of He Kexi's heroes and martyrs.
The scene of the trial Source: Hangzhou Internet Court
Bloggers use photos of revolutionary martyrs without review
In order to earn traffic, 3 short video bloggers under the banner of patriotism recently overturned. The video released by the three used the photo of the founding major general He Kexi for the introduction of the traitor Gu Shunzhang. The video has received a lot of attention, with the highest number of views exceeding one million and nearly 2,000 comments.
As everyone knows, they made a big mistake, and they don't know who the stolen photos are-
Comrade He Kexi, one of the founders and leaders of the anti-Japanese base area in eastern Zhejiang, and the founding major general, made outstanding contributions to the struggle for national independence and people's liberation, and was awarded the "First-Class Independence and Freedom Medal" and "First-Class Liberation Medal".
Although after the incident, the three have deleted the short video, and the relevant accounts have also been banned by the corresponding platforms. However, the founding major general was slandered as a "revolutionary traitor", and such an act of "putting on a crown and wearing a crown" naturally aroused the anger of his family. "After learning about this, several of our siblings couldn't sleep at night. He Kexi's daughter He Xiaolu said.
Part of the evidence photo source: Hangzhou Internet Court
"My father was an upright, patriotic man who left his homeland in 1935 and never returned. Until the last moment of his life, he also deliberately explained that he scattered his ashes on the shore of Siming Lake, hoping to protect the land he loved and be with the people of Zhejiang forever. He Xiaolu remembered that when he was young, he would complain that his father was not at home, and later learned that his father was running around for the safety of one party.
How did such a person who had fought all his life for the revolutionary cause become a traitor in the video? Subsequently, He Kexi's family reported the relevant situation to the Xihu District People's Procuratorate of Hangzhou City, and agreed that the procuratorate would investigate the civil tort liability of the three bloggers in the capacity of a civil public interest litigant.
At 9:30 a.m. on December 21, the Hangzhou Internet Court held a public hearing of the case. 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.
Representatives and citizens attending the trial Source: Hangzhou Internet Court
During the trial, more details of the case were revealed.
According to the confessions of the three in court, two of them saw the article "China's Top Ten Revolutionary Traitors" when they searched for the text version of the material, so they made a video through editing software. "I searched for Gu Shunzhang's photo, and when I saw that photo (He Kexi himself) popped up, I used it directly. Another person saw the relevant video, so he downloaded it, removed the watermark, and re-edited and published it.
The three defendants were ordered to make a public apology and pay 150,000 yuan in compensation
In this case, the civil public interest litigant argued that the three defendants, as online self-media bloggers, should ensure the objectivity and truthfulness of the information they publish, and should not publish false online information that infringes on the legitimate 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.
This kind of behavior not only hurts the feelings of the relatives of revolutionary heroes, but also undermines the social atmosphere and public morality of honoring heroes and martyrs, is not conducive to the continuous inheritance of the common interests of the nation, and harms the public interest.
Trial scene Wang Chichao/photo
The three of them have no objection to the facts ascertained in the indictment, and clearly stated that they have realized their mistakes, apologized to He Kexi's family and the public, and are willing to bear the responsibility for public interest damages.
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, the conduct involved in the case infringed on the personality interests of the revolutionary heroes, infringed on the three personality interests of the revolutionary heroes' portrait, reputation, and honor, and also harmed the public interest.
Subsequently, the presiding judge announced in court: Within three days of the effective date of this judgment, the three of them will publicly apologize to the public in the national media and eliminate the impact, and within seven days of the effective date of this judgment, they will each pay 100,000 yuan, 40,000 yuan, and 10,000 yuan in compensation for public interest damages, totaling 150,000 yuan.
After the trial, when asked by reporters whether the families were willing to forgive the three defendants, He Xiaolu said: "We have no objection to the court's fair ruling, and we thank everyone for their attention to this case and for justifying my father's name." But whether to forgive the blogger or not depends on their next actions. ”
Comrade He Kexi's daughter He Xiaolu Wang Chichao/photo
"The Internet is not a place outside the law. No one or any organization may use the Internet to belittle, slander, or damage the right to reputation or portrait of martyrs. Chen Zengbao, president of the Hangzhou Internet Court and presiding judge of this case, said that he hoped that through the trial of such typical cases, the positive energy of the rule of law that respects and cares for heroes can be injected into cyberspace, 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.
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