Legal Evening News2017-08-3014:21:28
Former CCTV host Wang Zhi'an (right) appears in court photo/correspondent Li Jia
Legal Evening News , Reporter Hong Xue ) was widely reported for reflecting the problem of excessive medical treatment at The Mianyang People's Hospital in Sichuan, and Lan Yuefeng was called a "corridor doctor." Wang Zhi'an, a former CCTV host, uploaded the investigative news feature film "Doctor Corridor" produced and broadcast by CCTV News Channel on sina Weibo, which was personally certified by his real name, and successively posted remarks about Lan Yuefeng on Weibo. Believing that the remarks published in Weibo constitute insults and slander, Lan Yuefeng sued Wang Zhian, the operation and management party of Sina Weibo, --- Beijing Weimeng Chuangke Network Technology Co., Ltd., demanding that Wang Zhian and Weimeng delete the infringing Weibo, apologize and compensate for losses.
After the first-instance judgment rejected Lan Yuefeng's claim, Lan Yuefeng was not satisfied and filed an appeal.
On August 30, the appeal was heard in the First Intermediate People's Court, and Wang Zhi'an personally appeared in court to answer the case, saying that "being sued by a party for covering news events is the only time in my more than 10 years of professional media work." Lan Yuefeng himself did not appear in court.
"Doctor Corridor" sued former CCTV host
It is understood that on May 30, 2013, Southern Weekend took the lead in reporting the Lanyuefeng incident, and then the national media followed up, and Lanyuefeng was called "corridor doctor".
Lan Yuefeng claimed that from March to September 2014, Wang Zhian repeatedly published fabricated, false and untrue serious infringing remarks on his Sina Weibo, insulting and slandering me. The lawsuit is hereby filed to order Wang Zhian and The operation and management party of Sina Weibo, Weimeng Company, to delete the infringing Weibo, apologize and compensate for losses totaling more than 100,000 yuan.
The court of first instance ascertained
In the first instance, the Haidian court found that Lan Yuefeng had received widespread attention because of the "corridor doctor" incident. Wang Zhi'an, a former CCTV staff member, conducted a field investigation into the incident, and then the CCTV news channel's "News Investigation" column produced and broadcast a news investigation feature film "Corridor Doctor".
The program shows that the contradiction between Lan Yuefeng and the unit is caused by the difference between his personal demands and the unit for a long time, not because he has retaliated against him for opposing excessive medical treatment. From March to September 2014, Wang Zhian uploaded videos of the program on his personal Sina Weibo account and successively posted "It is now possible to conclude that many of the previous news about doctors in the corridors was fake news." "Lan Yuefeng is just an atypical doctor who kidnapped the hospital and even the entire medical industry for her own selfish interests", "Lan Yuefeng obviously has a serious mental illness, what she needs most is to receive treatment", "Obviously she is a patient, but the media regards her as a hero, in fact, she has persecution delusions, completely without rational decision-making ability, what she needs most is treatment", "Lan Yuefeng herself is more like a patient, obviously has a paranoid personality, and even has mild delusions" and so on.
In June 2015, Wang Zhi'an twice published a headline on his Sina real-name Weibo with the headline "No matter how despicable you are, I will accompany you to the end!" and published the article on a real-name certified Sina blog in 2016. Another investigation, on May 30, 2013, Southern Weekend reporter Chai Huiqun wrote and published an article entitled ""Crazy" Doctor "You Smash the Hospital Signboard, the Hospital Smashes Your Rice Bowl"" in Southern Weekend.
On the afternoon of February 22, 2014, the Information Office of the Government of Fucheng District of Mianyang held a press conference on Lan Yuefeng's reflection on "excessive medical treatment" and other issues to announce the main contents of the "Investigation Report on the Problems Reflected by Lan Yuefeng, a Doctor of Mianyang People's Hospital", which stated: "... It has not been confirmed that the specific medical behavior of Mianyang Ren hospital violates the diagnosis and treatment norms and relevant regulations of the medical and health industry... No abnormal increase in medical income was found in Mianyang People's Hospital... It is believed that Lan Yuefeng's personal interests and job appeals have nothing to do with 'excessive medical treatment'. ”
On January 29, 2015, the China Journalists Association publicly reported that the article "'Crazy' Doctors', You Smash Hospital Signboards, Hospitals Smash Your Rice Bowls"" was a seriously inaccurate report.
First instance judgment
Wang Zhi'an's tort liability against Lan Yuefeng was not established
After trial, the court of first instance held that Lan Yuefeng was known to the public because of the extensive coverage of the "Corridor Doctor" news incident, and that he was a public figure with a certain social reputation due to the accidental intervention of major social events, so Lan Yuefeng's remarks should also be judged according to the standard of public figures. Based on the evidence submitted by both parties and the comprehensive judgment, Lan Yuefeng's claim that the series of remarks constituted an insult to his personality could not be established.
In view of the fact that Wang Zhi'an's tort liability against Lan Yuefeng is not established, Weimeng Company does not need to bear tort liability. Accordingly, the court of first instance ruled to reject all of the plaintiff's claims, Lan Yuefeng.
The second instance is held
Wang Zhi'an: It was never said that Lan Yuefeng was mentally ill
After the first-instance judgment, Lan Yuefeng was not satisfied and appealed to the Beijing First Intermediate People's Court. On the morning of August 30, a court held a hearing on the case.
Lan Yuefeng did not appear in court, but entrusted two agents to appear in court, and shortly after the trial, Wang Zhian hurried into the courtroom, and the judge criticized his late behavior, and Wang Zhian also apologized.
In court, Wang Zhian said that Wang Zhian worked at CCTV at the time of the first-instance prosecution, and then left his post, and is currently a reporter for the Beijing News.
Lan Yuefeng's agent said that the court of first instance had no basis for identifying Lan Yuefeng as a public figure, and Wang Zhi'an should be identified as a public figure and bear a higher duty of care with regard to his own remarks; the court of first instance found that Wang Zhi'an's remarks were "expressions of opinion", which was a "good faith exhortation" to Lan Yuefeng, and that it was an error in the facts; "There are more than 300,000 fans on Wang Zhifeng's Weibo case, and many people have reprinted it, which has caused a great impact on Lan Yuefeng and also caused Lan Yuefeng's current life to be in trouble", and Wang Zhi'an's remarks constitute slander and insult. Constitutes an infringement of Lan Yuefeng's right to reputation.
"You said that Lan Yuefeng is a mentally ill person, and you made it clear in court today whether Lan Yuefeng is mentally ill or not?" Lan Yuefeng's agent said.
"I never said that Lan Yuefeng had mental illness, but that she had mental illness, and mental illness and mental illness were two completely different concepts, but the appellant side of the other side kept saying that Lan Yuefeng had mental illness." Wang Zhian argued that his weibo was a comment on a news event, an evaluation of an event, not an evaluation of Lan Yuefeng himself, and there was no defamation, and the purpose of publishing Weibo was to let the public know the truth of an incident, Lan Yuefeng, as a figure in this incident, was known to the public, and these remarks were out of concern and concern for Lan Yuefeng.
At the end of the trial, the judge asked whether the two parties agreed to mediation, Lan Yuefeng's agent said that he needed to consult Lan Yuefeng himself before deciding, Wang Zhian said that he did not agree to mediation, and today's trial, Weimeng Company did not appear in court, the court heard in absentia, so the judge said that it was necessary to seek the opinions of Weimeng Company before deciding whether to mediate, and then the judge announced an adjournment, and the case was not pronounced in court.
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