Chengdu man sues! In the first trial, 500 people in the WeChat group were scolded for having "brain problems", sir | Mr. Wang | Chengdu

Due to the fact that Mr. He, the owner of the same community, @ himself in a crowd of 500 people and insulted himself as having "brain problems", Mr. Wang, a citizen of Chengdu, sued the other party for reputation infringement. On August 17th, Red Star News learned from Mr. Wang that the court had made a first instance judgment at the end of July, ordering Mr. He to issue an apology statement to Mr. Wang in a large crowd of 500 people in the community, with a retention period of no less than 3 days, and to pay Mr. Wang a reasonable expenditure of 800 yuan.

It is reported that the judgment has taken effect, but as of August 17th, the other party has not actively contacted Mr. Wang to apologize.

▲ Screenshots of owners being scolded and chatting in the group

Review:

500 people in the WeChat group were insulted by another homeowner and a man sued them in court

Mr. Wang is a homeowner of a residential area on Dongdajie Street in Jinjiang District, Chengdu. On March 10th this year, the homeowners held a discussion with the developer on the topic of rights protection in a large group of 500 people in the community. A screenshot of WeChat shows that after Mr. Wang expressed his opinion, a homeowner nicknamed "Unnamed" on WeChat @ him and sent him three consecutive messages: "Do you * * have a problem with your brain?" "Are you here * * * *?" "Stupid *".

Mr. Wang believes that the other party publicly insulted and physically attacked him in the form of @ in a large group of 500 people, damaging his personal reputation, infringing on his personality rights, and causing psychological harm. Therefore, after the incident, he took screenshots of the chat records for evidence and hired a lawyer to sue the other party for reputation infringement.

Two months later, when Mr. Wang sent the electronic document of the Case Acceptance Notice to the original owner group, it caused different opinions from multiple parties. But Mr. Wang insists that "working hard to protect rights and engaging in personal attacks are two different things. One can have different perspectives, but one cannot engage in personal attacks. The most reasonable and appropriate way to resolve this matter is to entrust it to the law."

Mr. Wang believes that he should protect his rights and chat screenshots

Court:

Speech that is somewhat insulting constitutes a violation of personal dignity

On June 19th, the case was heard online at the Chengdu Railway Transport First Court. The defendant Mr. He did not appear in court, but was represented by his lawyer. During the trial, Mr. He believed that their actions did not constitute a infringement of reputation, as his comments in the WeChat group were not insults or illegal, but rather a counterattack against Mr. Wang's repeated ridicule and slander. He believed that Mr. Wang should have a certain obligation to tolerate. Moreover, his remarks in the group did not diminish Mr. Wang's social evaluation of character, reputation, talent, credit, etc., so there is no fact that his reputation has been damaged.

The court believes that the focus of controversy in this case is whether the defendant's statements infringe on their right to reputation. According to Article 1024 of the Civil Code of the People's Republic of China, "Civil subjects have the right to reputation. No organization or individual may infringe upon the reputation of others through insults, defamation, or other means. Reputation is a social evaluation of the character, reputation, talent, credit, and other aspects of civil subjects." In this case, the defendant Mr. He's comments on the WeChat group involved in the case, such as "Are you having a problem with your * * * brain?" "Not defending your rights, are you here ************?" and "Silly *", have a certain degree of insulting nature and have the intention of belittling the plaintiff's personality, constituting an infringement of the plaintiff Mr. Wang's dignity. In addition, the WeChat group involved in the case, as an information exchange platform, has openness, dissemination, and convenience. Fast and widely spread, the defendant's remarks can cause the public to have a negative impression of Mr. Wang's character and reduce his social evaluation. The plaintiff's demand for Mr. He to bear corresponding responsibilities also has legal basis.

The final court ruling states that the defendant Mr. He shall issue an apology statement to Mr. Wang in the WeChat group involved in the case within ten days from the effective date of the judgment. The statement shall be retained for no less than three days. If the defendant refuses to comply, the people's court may take measures such as publishing an announcement or publishing the effective judgment document in newspapers, networks, and other media, and shall also pay Mr. Wang a reasonable expenditure of 800 yuan.

It is reported that if no appeal is made within 15 days of receiving the judgment, the judgment will automatically take effect.

On July 27th, Mr. Wang received a civil judgment from the court. On August 17th, Red Star News learned from the Chengdu Railway Transport First Court that the defendant Mr. He also received an electronic judgment at 10:00 am on July 27th. The appeal time has passed and the court has not received the appeal, so the judgment will automatically take effect. However, Mr. Wang stated that as of now, the defendant has not publicly apologized in the homeowners group, nor has they actively contacted him to fulfill the relevant judgment. He stated that if he continues to fail to comply, he will apply for compulsory execution.

Lawyer:

WeChat group publicly insults others, suspected of infringing on their reputation rights

Does publicly insulting others in WeChat groups constitute infringement? Lawyer Chen Fengfeng, Deputy Director and Senior Partner of Sichuan Yingji Law Firm, stated that according to the Civil Code, civil subjects enjoy the right to reputation, and no organization or individual may infringe upon the right to reputation of others by insulting, defaming, or other means. Therefore, the behavior of publicly insulting others in WeChat groups is suspected of infringing on the reputation rights of others. Victims can report to the police and demand administrative punishment from the public security organs, or file a lawsuit with the court to demand an apology and eliminate the impact. If it causes mental damage, they can also request compensation for mental damage.

Lawyer Lin Xiaoming, a partner of Sichuan Yishang Law Firm, stated that as long as the corresponding insult reaches the level of insult that ordinary people consider and there is corresponding evidence, it will constitute infringement. There have been cases where abusive behavior in WeChat groups has been found to be infringement. And this judgment once again clarifies that "the internet is not an illegal place", and cursing in WeChat groups or social circles requires responsibility, and everyone should abide by rules and laws in their behavior. At the same time, it also reminds everyone that when their rights are violated, they should take reasonable and legal ways and means to protect their own rights and interests.

Chengdu Business Daily - Red Star News reporter Zhang Ling