"Homosexuality is a Psychological Obstacle" textbook case at the second instance: upholding the original verdict is not an intellectual error
The Paper Journalist He Liquan
The first domestic "homophobia" textbook product quality dispute case has a final result.
On February 24, The Paper learned from the plaintiff Xixi (pseudonym) and his attorney that the plaintiff had received the judgment of the second instance from the Suqian Intermediate People’s Court of Jiangsu Province. The court rejected the appeal of the plaintiff and upheld the original judgment of the first instance. .
Previously, the court of first instance held that the expression of "homosexuality is a psychological barrier" in the textbooks published by Jinan University Press was an academic point of view and cognitive divergence, and was not an intellectual error in the scope of book editing.
The Paper previously reported that in 2016, Xixi, who was a freshman in Guangzhou, learned that in Jinan University's public elective textbook "Mental Health Education for College Students" (2013 edition), homosexuality was classified as a sexual psychological disorder and described it as "A disorder in sex or an inverted sex object."
Jinan University Public Elective Course Textbook "Mental Health Education for College Students" (2013 edition)
She believes that the above content stigmatizes homosexuality and puts forward the suggestion of “recalling wrong teaching materials and correcting wrong content”.
After communicating with editors and publishers to no avail, in 2017, she will report to Guangzhou Jinan University Press Co., Ltd., which publishes this textbook, and Jiangsu Zhouyi E-commerce Co., Ltd. and Jiangsu Zhouyi E-commerce Co., Ltd. Guangzhou Branch, which are responsible for sales. Court.
Jinan University Public Elective Course Textbook "Mental Health Education for College Students" (2013 edition)
After three postponed hearings, on July 28, 2020, the People's Court of Suyu District, Suqian City, Jiangsu Province opened a court session to hear the case.
Xixi sued for "content quality problems" and argued that "the book directly included all homosexual groups into sexual psychological disorders, and even directly expressed homosexuality as'a disorder in sex or an inversion of sexual objects', obviously there is no science The basis is obviously wrong.” Xixi asked the court to rule that the Circle Company and the publishing house publicly apologized, retracted, corrected, and reprinted the teaching materials involved in the case.
In this regard, the court of first instance rejected Sixi's appeal.
The court held that the multiple sets of evidence provided by the plaintiff were not relevant to the case; the plaintiff’s claims and the relevant expressions in the books involved in the case were cognitive differences and did not belong to intellectual errors in the textual errors of book editing; in addition, Jinan University Press took the case. Regarding the review of book quality, it is necessary to perform review obligations in accordance with relevant laws, but the academic views and cognitive differences involved in the books are not within the review responsibility of Jinan University Press, and the publishing house has fulfilled its review obligations for the books involved in the case.
After losing the first instance, Sixi filed an appeal.
On November 16, 2020, the Suqian Intermediate Court of Jiangsu Province opened a case to accept the case.
On February 22, 2021, Xixi and his lawyer received the second-instance judgment.
The Suqian Intermediate Court rejected the appeal and upheld the original verdict.
In the judgment, the court of second instance held that intellectual errors in book editing and editing refer to improper textual expressions caused by lack of knowledge, ambiguous memory, or technical negligence, and the resulting content errors, generally including time errors and material selection. Errors, proper name errors, etc.
The error proposed by the evidence provided by Xixi in the first instance does not fall within the scope of the intellectual error provisions, and does not fall within the scope of book editing. The court of first instance stated that the content involved academic views is correct and should be maintained.
"In terms of legal procedures, this matter is over." Xixi told The Paper that since 2016, he has been doing various actions to try to promote the "stigmatization" of teaching materials. Although the results are not satisfactory, it is correct. I have more self-confidence in my abilities, and I have realized what “action brings about change”.
This also affected her career path. After graduating from university, she joined a charity organization.