"Tear each other" with the ex? Beware of legal risks
In ancient times, carriages and horses were slow and letters were far away. When the ancients broke up, they often used poems to inscribe their aspirations, such as "Wait for leisure to change but the heart of the old man is easy to change." Today, with the rapid development of Internet social media, many people who were originally husbands and wives will start a scolding war on the Internet after breaking up. Although this kind of "mutual tearing" behavior can be quick and easy, it is very likely to touch the legal red line and fall into the category of intrusion rights.
Recently, the Beijing Internet Court heard a number of online tort liability disputes involving “predecessors”. During the trial, the court found that in many cases, the original and the defendant were originally lovers. After the breakup, one party posted the other party’s personal information such as name, appearance and even photos of private parts of the body on Weibo, describing it in abusive language. The other party affects the other party's normal work and life.
After the trial, the court held that Chinese citizens enjoy the right to reputation in accordance with the law, and that the personal dignity of citizens is protected by law. It is forbidden to use insults, slander, and other methods to damage the reputation of citizens. The parties posted insulting and defamatory comments on others on the Weibo platform, which lowered the social evaluation of others, was subjectively at fault, and constituted an infringement of the plaintiff’s right to reputation.
The court held that citizens have the right to privacy, and no organization or individual may infringe on the privacy rights of others through spying, intrusion, disclosure, or disclosure. The private parts of the body of others belong to the category of privacy protection. Posting photos of other people's private parts of their bodies on Weibo and publishing their real names and appearances is obviously subjective and constitutes an act of infringement of privacy. For such cases, the court ruled that the infringer publicly apologized to the infringer, compensated for mental damages, and reasonable expenses for safeguarding rights.
Internet infringement liability disputes caused by "mutual tearing" and "cursing" on the Internet after couples and lovers divorce or break up are typical cases of Internet infringement liability disputes tried by the Beijing Internet Court. The court found that the characteristics of such cases are as follows: 1. The infringer is mostly well-known bloggers and has a large number of fans. Once infringement occurs, it is often spread widely; 2. The infringer involves the right of reputation and privacy of the right holder. Of cross violations. Infringements on reputation rights are mostly manifested in the use of insulting language to evaluate predecessors, fabricating and slandering the predecessor’s private life, chaotic and disorderly style; infringements on privacy rights are mostly manifested in publishing information on the previous work unit, address, appearance, and private body parts on the Internet; 3. , Due to the fast spreading speed and wide range of the Internet, the life and work of the right holder are seriously affected, causing certain mental damage to the right holder.
The personality rights part of the "Civil Code of the People's Republic of China" has been compiled independently, and increased protection of personality rights meets the judicial needs of the new era and demonstrates humanistic care. The Civil Code also stipulates that the victim’s right to stop the infringement, remove obstacles, eliminate danger, eliminate influence, restore reputation, and make an apology does not apply to the statute of limitations.
In the legendary love, Zhuo Wenjun, after being let down by Sima Xiangru, was left with the choice of "Mr Wen has two intentions, so he must be determined to each other." "Jinghong Zhaoying came" regret. In real love, even if you can't deduce the ancient stories, you should never let your anger get a court case and a judgment. The judge hereby reminds that when lovers get along, they should get together and get along. Appropriate evaluation of the feelings of the ex and the passing away is an expression of self-emotion. You must not get angry and touch the legal red line.
Text/Reporter Zhao Jiaqi
Correspondent Beijing Internet Court Zhang Bo Cao Shuang