The defendant network infringement refused to apologize putian Chengxiang court first full text of the judgment published in the newspaper

2022-05-13 0 By

Fujian Rule of law news – Straits rule of law online February 15 news in wechat circle of friends released insulting remarks, resulting in a lawsuit.Lost the case, refused to apologize, and was ordered by the court.On January 22, the Putian Chengxiang District People’s Court published a 6,000-word judgment in the newspaper.This is also the first case in Putian city that refuses to apologize for online infringement and publishes the full text of the judgment in the newspaper since the implementation of the Civil Code.In September 2021, Yang a several times in its wechat circle of friends have Yang B, Huang, he so-and-so photos, and Yang B, Huang, he so-and-so verbal insult, vulgar words, disgusting.Yang mou b wait for person safeguard oneself rights and interests, appeal to court accordingly.After understanding the information release and the degree of influence, the judge in charge of the case believed that wechat, as an emerging network social networking platform, has certain characteristics of openness, universality and interactivity in the circle of friends. The wechat circle of friends in the case with insulting words published by Yang Jia has been disseminated to a certain extent.Objectively, it will lead to a decrease in the social evaluation of Yang B et al., which is a violation of Yang B et al. ‘s reputation right. Yang A shall bear the corresponding tort liability.On November 17, 2021, the Chengxiang Court decided that Yang A should make an apology to Yang B, Huang and He within 3 days from the effective date of the ruling without any shielding in the wechat circle of friends (the release content should be reviewed by the court and the release days should be no less than 3 days).If the time limit does not perform, the court will be published in newspapers or other media announcement or effective judgment documents, expenses by Yang jia burden.After the ruling came into effect, because Yang a did not fulfill the obligations in the effective legal documents, Yang B and others applied to the Chengxiang Court for compulsory execution.Because the object of the execution of the case is relatively special, since entering the execution procedure, the executive judge has repeatedly contacted Yang a, the person subjected to execution, to its detailed interpretation of the law, but Yang A still refused to release the content of apology in the circle of friends according to the requirements of the judgment.In the end, the court sent inquiries to several newspapers and selected by the executor to publish the full text of the judgment on “Fujian Legal Daily” according to the content of the judgment, so as to safeguard the legal rights and interests of the victor.According to article 1000 of the Civil Code of the People’s Republic of China, if the doer undertakes civil liabilities such as elimination of influence, restoration of reputation and apology for the infringement of personal right, it shall be equal to the specific mode of conduct and the scope of influence caused by the act.If the actor refuses to bear the civil liability prescribed in the preceding paragraph, the people’s court may execute the case by publishing a public announcement or an effective judgment on the media such as newspapers, newspapers and the Internet, and the expenses incurred shall be borne by the actor.In the case, the execution of Yang jia refused to apologize, such as the full text of the judgment published, the loss is not only the “money bag”, but also face.Here, the judge reminded that the Internet and illegal places, in weibo, moments of friends and other online platforms, should be more cautious in words and deeds, abide by laws and regulations.(Reporter Chen Jing, Correspondent Li Yiping)