The base in Shanghai released typical cases, malicious video clips spread rumors about the national outstanding young volunteers infected with AIDS Tiktok | Feng XX | volunteers
This afternoon, the People's Court of Jiading District, Shanghai held a press conference to report on the construction of the Shanghai Court's Digital Economy Judicial Research and Practice Base, and to interpret 10 typical cases.
The 10 typical cases released this time are divided into three categories: those related to personal information processing or the use of the internet to infringe on other personality rights, those related to the protection of property rights and market competition order in the form of data, and those related to the legal obligations and rights protection of platform operators and data algorithm users. It is worth noting that among these cases, there are also cases tried by courts in Taicang and Kunshan, Jiangsu.
In the case of reputation dispute between Zhang Moumou and Feng Moumou heard by Kunshan Court, the plaintiff Zhang Moumou was a volunteer who helped people infected with AIDS and had won honorary titles such as National Upwardly Good Youth and National Outstanding Youth Volunteer. In a TV recording, Zhang mentioned that he was at risk of occupational exposure in the process of rescuing people infected with AIDS and needed to take HIV blocking drugs, leading to adverse physical and mental reactions.
On August 21, 2022, the defendant Feng Moumou released a short video on the Tiktok platform, editing the part of Zhang Moumou in the program about his physical and mental adverse reactions caused by taking medicine, but did not retain that Zhang Moumou needed to take HIV blocking drugs because of occupational exposure. In addition, Feng also added the subtitle of "Men infected with AIDS, directly isolated by colleagues, and depressed" in the short video.
After Zhang found out, his private letter Feng's request to delete the video was rejected, and then he filed a tort complaint to the Tiktok platform. Tiktok deleted the short video released by Feng's account in the background. The next day, Feng's account posted a maliciously edited short video again and refused to delete it. According to statistics, the above two short videos have attracted over 5000 likes, comments, favorites, and reposts. The video released by Feng misled the audience into thinking that Zhang was infected with AIDS, which led many netizens to accuse Zhang of "chaotic private life" in the comment area, and the video was also viewed by Zhang's relatives and friends, causing a bad impact. Therefore, Zhang filed a lawsuit to the court, requesting that Feng publicly apologize through provincial media or the People's Court Daily, and publicly apologize on his infringing account for no less than ten days to eliminate his influence and restore his reputation.
After the trial, the Kunshan Court held that Mr. Feng used an account authenticated by his real name to publish the edited video on the Tiktok platform with false and misleading words, which caused many people to praise, comment, collect and forward, which had a negative impact on the plaintiff's reputation and seriously violated the reputation of the original lawsuit. It was decided that Mr. Feng publicly apologized to the plaintiff, Mr. Zhang, by publishing the contents of the apology through the provincial media or the People's Court Daily, and topping the Tiktok platform account where he committed the infringement for no less than ten days.
It is reported that since its establishment in November last year, the base has been characterized by the construction of the Jiakuntai Collaborative Innovation Core Circle, focusing on promoting the legal unity of digital economy cases in the three courts, strengthening the exploration of similar case rules, strengthening diversified collaborative cooperation, promoting the formation of a more fair and just resource market, transaction rules, and competitive order, and effectively serving to ensure the integrated development of the digital economy and the Yangtze River Delta.