The phenomenon of cyberviolence infringing on the right to reputation remains to be solved, and the court verdict provides insight into the difficult journey of rights defenders
Recently, the Yangpu District People's Court in Shanghai made a first-instance judgment on a case of "an elderly man deliberately pushing down a motorcycle", requiring the cyberbully to apologize to the victim Mr. Chen and compensate part of the lawyer's fees. This seemingly ordinary little incident,
Reflecting the difficult situation of protecting personal rights and interests in the online environment, Mr. Chen's motorcycle parked in a community in Shanghai was deliberately pushed down by an elderly man, causing a loss of more than 16,000 yuan. Afterwards, Mr. Chen posted the video of the incident on the Internet, which sparked heated discussions among many netizens.
But instead of sympathy and support, what followed was a months of online violence. It is reported that a netizen posted a number of videos on the video website, abusing and personally attacking Mr. Chen, describing him as "addicted to lying" and "rhythmic".
These inappropriate remarks not only hit Mr. Chen hard, but also affected his work status, and he had to resign and take a two-month break. In the face of imminent online violence, Mr. Chen did not choose to remain silent, but chose to protect his rights and interests through legal channels.
He reported the case to the police, who determined that the content posted by the netizen involved constituted an insult. In the same year, Mr. Chen filed a lawsuit with the court on this matter, demanding that the other party stop the infringement, issue an apology statement, and compensate for mental damages and attorney's fees.
After the trial, the court finally made a judgment, requiring the defendant to apologize to Mr. Chen in writing within 10 days after the judgment took effect, and to publish the apology on the homepage of his personal video website account for no less than 15 days, and to compensate Mr. Chen 3,000 yuan for attorney fees.
The court clearly pointed out in the judgment that reputation is the social evaluation of the character, prestige, talent, credit, etc. of a civil subject, and that it enjoys the right to reputation, and that no organization or individual may infringe upon it by means of insult, slander, etc. The defendant publicly posted illegal remarks against Mr. Chen through the Internet.
If there is obvious subjective intent to infringe, they shall bear corresponding legal responsibility. The verdict in this case not only reflects the protection of personal reputation rights by the law, but also leaves a precious footnote to the arduous journey of rights defenders in real life.
Mr. Chen told reporters that compared with compensation, the court finally gave him justice, which was more important to him. There is no doubt that in the current era of highly developed Internet, cyberbullying is not uncommon, and the mental trauma and social impact caused to victims are often difficult to remedy.
However, the court's judgment undoubtedly provides a reference path for some rights defenders who have also suffered cyberbullying. More importantly, this case highlights the imperfection of the rules of the online environment. As the court pointed out, the Internet is not a place outside the law.
It should not be used as a tool to vent personal emotions, and all parties should abide by the bottom line of laws and regulations and express their opinions in a rational manner. Only when the fertile soil of the legal system grows can the Internet truly become a free space for knowledge exchange and information sharing.
For ordinary people, the cost and cycle of defending their rights in the face of online violence are often prohibitive. But as Mr. Chen hopes, his efforts may provide some courage and inspiration for more defenders.
Let them go more and more smoothly on the road of safeguarding their legitimate rights and interests. After all, only when everyone has the courage to uphold justice can cyberspace truly become a healthy and orderly cyber ecosystem.