Xiao Yaxuan won the lawsuit! The "mastermind behind the scenes" was discovered
On January 11,
Beijing Internet Court
The announcement was served to Yin and Xu
Xiao Yaxuan and his network infringement liability dispute case
Civil Judgments.
According to the announcement, the court ruled that the defendants Xu and Yin publicly apologized to the plaintiff Xiao Yaxuan on their Weibo accounts, and compensated Xiao Yaxuan with 50,000 yuan for mental damage and 21,000 yuan for reasonable expenses.
This online infringement liability dispute case is related to the well-known artist Xiao Yaxuan in 2019 who was rumored to have "contracted AIDS due to too chaotic private life".
In May 2019, a user with the nickname "Jin Jin Walking in the Entertainment Industry" posted an article titled "Xiao Yaxuan is confirmed to be actively receiving treatment for AIDS, and the agency has abandoned her".
On May 14, 2019, Xiao Yaxuan issued an article to refute the rumors, saying that this rumor is not only a harm to himself, but also a harm to his mother, and he will do everything possible to find the source of the rumor to avoid more people from being harmed. In the article, Xiao Yaxuan also explained that the reason why he didn't show up for a long time was because his throat and stomach were uncomfortable, and he could only adjust slowly.
On October 9, 2020, Beijing Xingquan Law Firm released a case broadcast that Xiao Yaxuan won the first instance of the case of Xiao Yaxuan v. a network user (He Moumou) in an online infringement liability dispute (reputation right).
The defendant was found by the presiding court to have infringed Xiao Yaxuan's right to reputation for publishing defamatory/insulting content against Xiao Yaxuan on his registered and operated Weibo account.
But since then,
He Moumou, the registrant of the infringing account, appealed
The account involved in the case is someone else
stealing your identity information to register,
The court remanded the case for a new trial.
And this civil judgment
The defendants are the real "behind-the-scenes" Xu and Yin.
The two received the punishment they deserved.
According to public information, Xiao Yaxuan, born on August 24, 1979 in Taoyuan City, Taiwan, China, is a Chinese pop female singer and songwriter.
There are more cases of celebrities in the entertainment industry being prosecuted↓↓
Infringing Lin Junjie, Zhao Moumou issued a statement apologizing
Tianyancha App shows that on January 10, the court published a statement by Zhao Moumou apologizing to Lin Junjie.
The content shows that Zhao Moumou used his Weibo account to publish 11 infringing blog posts against Lin Junjie and his family, as well as 41 malicious infringing comments against Lin Junjie and his family, maliciously fabricating, slandering, and disseminating false negative rumors about Lin Junjie, causing an extremely bad impact, and the Beijing Internet Court ruled that the blog posts involved in the case infringed Lin Junjie's right to reputation.
Zhao Moumou fully agrees with the content of the judgment and is willing to perform it, and hereby apologizes to Lin Junjie and promises not to infringe on the legitimate rights and interests of Lin Junjie and his family in any way in the future.
Lawyer: The Internet is not illegal, and unsubstantiated content should not be disseminated at will
Lawyer Zhang Hui, a partner at Beijing V&T Law Firm, previously said that in recent years, celebrity infringement cases have mainly concentrated in two categories.
The first is the infringement of the portrait rights of celebrities, which is typical of the abuse of portraits of plastic surgery institutions, the abuse of emojis, and the infringement of WeChat advertorials.
The second is the infringement of the right of reputation, which refers to the social evaluation of a person's morality, prestige, talent, credit, etc., and if the infringer's behavior causes the social evaluation of the celebrity to be lowered, it may constitute the infringement of the right of reputation. Infringement is mainly carried out through insults, defamation, etc., such as the case of Zhang Kaili.
The lawyer reminded that the Internet is not an illegal place, and netizens should not spread unverified content at will.
Netizens have said: The Internet is not a place outside the law, and you must be responsible for your words and deeds
Editor|He Xiaotao covers the source
Proofreading|Sun Zhicheng
The daily economic news integrates Guangzhou Daily, Zhongxin Jingwei, Red Star News, and New Yellow River client
National Business Daily