"Stealing ..." On June 30 this year, when her sister was fighting with "Little Three" on the street, Mr. Zhang of Yue Yang Miluo (hereafter all surnames) took a 26-second video, accompanied by The voiceover was sent to a WeChat group of nearly 500 people.
Soon after, the assaulted "Primary Three" Ms. Wang sued Mr. Zhang to the Miluo Court, believing that the other party had damaged her reputation.
The data graph comes from the network, and the text is irrelevant
Recently, the Miluo court made a first-instance judgment, and Mr. Zhang needs to apologize in the WeChat group to compensate for one thousand yuan in mental damages.
Sister hits "Primary Three", brother records video
"My sister-in-law asked Ms. Wang to work in the store while she was pregnant at home, and Ms. Wang and her brother-in-law often went out together. The two also went to Hengshan to climb mountains. The brother-in-law often worked late at night." Mr. Zhang said that in January this year, someone Tell his elder sister that her brother-in-law and Ms. Wang have an improper relationship.
On June 29 of this year, because his brother-in-law and Ms. Wang went to Yueyang again, the sister took her family and waited at Dazhong North Road.
At 21:00 on June 29, Mr. Zhang's sister, his mother and Ms. Wang had a fight in front of the Qingping Apple Business Hotel on Dazhong North Road. After the police came out, Mr. Zhang took a 26-second video with Ms. Wang and Mr. Zhang's voice in the video, accompanied by "stealing people" and so on.
At 1:22 on June 30, 2019, Mr. Zhang sent the video to the "Local Headline Miluo Station 1 Group" WeChat group, which had 491 members at the time, most of the members in the group, and Mr. Zhang did not know.
"Mr. Zhang used my mobile phone to record the process of being abused and beaten by others, and sent the video to a group of nearly 500 people, and then the video was widely reprinted, and the words describing the video became more and more exaggerated. "Ms. Wang believes that Mr. Zhang's actions have brought a great negative impact on his reputation and brought great distress to his life, and then brought a lawsuit to the court.
Refutation: just one of many photographers
But regarding his behavior, Mr. Zhang believes that he is just one of many video shooters.
"Many people recorded videos on the spot. Why is it determined that the video I recorded has affected Ms. Wang, and I have not found any impact on her." Mr. Zhang believes that he posted the video on June 30 It was more than 1:00 in the morning. At that time, no one was watching WeChat. There was another person in the group who was swiping the screen until 3:45 in the morning. People in the group woke up in the morning without asking about this video, and it would not cause any impact.
The court hearing found that in the WeChat screenshots of the video reprint provided by Ms. Wang, in the "Yixiudian Automobile Maintenance Club (435)" WeChat group, June 29, 2019, 22: 2, 22: 3, group members Other videos of this event have been posted in the "Miluo 9527 Outdoor Club Group (458)" WeChat group, at 23:32 on June 29, 2019, some members have sent other videos of this event in other WeChat groups Inside, there are other videos of this event from others, and discussions among group members.
Court decision: apology in WeChat group微信群
Does Mr. Zhang's video posting constitute a reputational infringement on Ms. Wang?
The Miluo court heard that citizens have the right to reputation, and that their personal dignity is protected by law. It is forbidden to damage citizens' right to reputation by insulting, defamatory and other means. Mr. Zhang filmed a video of Ms. Wang, which included voices such as "stealing people", and sent the video to the "local headline Miluo Station 1 group" WeChat group, which had 491 members at the time. Mr. Zhang's behavior caused members of the group to make a negative evaluation of Ms. Wang, which caused Ms. Wang's social evaluation to be lowered, and violated Ms. Wang's reputation. Mr. Zhang should bear the tort liability.
The reporter noticed that Ms. Wang asked Mr. Zhang to make an apology in the WeChat group and the circle of friends in the "Local Headline Miluo Station 1 Group". The content of the apology was: at 1:22 on June 30, 2019 in this group The video posted is a sincere apology to Ms. Wang.
However, the first instance of the court only ruled that Mr. Zhang apologized to Ms. Wang in voice or text within the "Local Headline Miluo Station 1 Group" WeChat group within five days after the judgment came into effect. The content of the apology was: A video posted at 1:22 on June 30, 2019, a sincere apology to Ms. Wang.
Why not apologize in the circle of friends?
The Miluo court held that Mr. Zhang only posted videos in the "Local Headline Miluo Station 1 Group" WeChat group, and did not distribute videos in the circle of friends. The screenshots of WeChat videos reproduced in other groups provided by Ms. Wang were not released by Mr. Zhang In the video, the court held that the scope of the apology should be equivalent to the scope of its impact. Therefore, Ms. Wang's request for Mr. Zhang's apology in the WeChat group was supported, and the request for apology in the circle of friends was not supported.
At the same time, Mr. Zhang mentioned "sister-in-law, stealing people" in the video, which caused Ms. Wang's social evaluation to decrease, which caused Ms. Wang to leave Miluo temporarily. It can be seen that this incident has caused mental distress to him. The court comprehensively considered Mr. Zhang's fault The extent of the infringement, the means of the infringement, the occasion, the manner of conduct, and the consequences of the damage caused by the infringement.微信群
Before and after Mr. Zhang posted the video, other people have published objective facts about the relevant video in other WeChat groups. Therefore, Mr. Zhang compensated Ms. Wang for 1,000 yuan in mental damage as appropriate.