China News Service, Xuzhou, May 23 (Zhu Zhigeng and Zhao Qian) In recent years, more and more people have used short video platforms to post their living conditions or what they have seen and heard.
However, the Internet is not an extrajudicial place, and any infringement disputes arising from publishing videos will bear legal responsibility.
The People's Court of Suining County, Jiangsu Province announced on the 23rd that a case of such a dispute was concluded. The publisher who posted the video of the quarrel between mother-in-law and daughter-in-law on the short video platform must not only apologize publicly and pay the relevant expenses, but also need to compensate the mental damage consolation money.
Ms. Du had a quarrel with her in-laws in the commercial market because of family conflicts, which attracted many onlookers.
The onlooker Xiao Zhou posted the video of the scene shooting and production on the short video platform, mentioning Ms. Du's personal information such as "where is she from, where she works, and her marital status", and forwarded the video related to the video in the WeChat chat group. Information, video views and likes reached more than 20,000 times.
Onlooker Xiao Wang posted a video with a text on his WeChat Moments. The text mentioned Ms. Du's place of origin, her family's name, address, and marriage history. The video was reposted in multiple WeChat groups.
At the same time, Xiao Zhou and Xiao Wang made insulting remarks such as "tigress" and "shrew" in the released video.
Ms. Du believed that the actions of the two violated her legitimate rights and interests, and filed a lawsuit with the court, requesting the court to order the other party to stop the infringement, make a public apology, eliminate the impact, and compensate for economic losses and mental damage consolation money.
At the same time, she also appealed to the platform provider, a company, to be liable for compensation.
The Suining Court held that the videos posted by Xiao Zhou and Xiao Wang on a video platform and the videos reposted in the WeChat chat group leaked Ms. Du's name, work address, marital status and other information, and made insulting comments on her.
The video has attracted more than 20,000 onlookers, reposts, and comments on the Internet. It has certain influence and constitutes a violation of Ms. Du's right to privacy and reputation.
The court ruled that Xiao Zhou and Xiao Wang publicly eliminated their influence on the video publishing platform and WeChat Moments, apologized, and paid 4,600 yuan for investigation and evidence collection, and 5,000 yuan for mental damage.
A company, the network service provider of the platform, has set up a complaint channel in the video platform it operates.
After learning that Xiao Zhou and Xiao Wang released the infringing video, Ms. Du did not notify the platform to take down the video by complaining or otherwise.
After the company received the court indictment materials, it took necessary measures to remove the video in a timely manner, and applied the "safe haven principle" of "notice-deletion".
Therefore, the court ruled that the company was not at fault in this case and should not bear the tort liability of the plaintiff.
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