Original title: Unauthorized posting of the video of the quarrel to the Internet, causing the party involved to suffer "cyber violence" (theme)
Court: The publisher should apologize without the consent of the party concerned and without processing the image and sound (subtitle)
People's Court News (reporter Wu Yuping, correspondent Lu Na) was just an ordinary quarrel, but unexpectedly, the video was taken by the onlookers and posted on the Internet, becoming "public enemy on the Internet". Recently, the People's Court of Hexi District, Tianjin, tried a case of infringement of reputation rights.
The plaintiff, Mr. Bai, was suddenly told by a friend that he was "hot" on a short video platform. After investigation, it was found that it was Xiao Wang who used his account to privately publish the video of Mr. Bai's quarrel with others on the short video platform, which triggered extensive discussion among netizens. There were more than 4000 comments, including some untrue remarks insulting Mr. Bai.
Mr. Bai believes that the account of the short video platform, without knowing the true course of the dispute and its causes and consequences, has released and disseminated videos without his consent that have not been specially processed, such as the image coding, which has resulted in serious violations of his portrait rights, reputation rights and personal privacy, reduced his social evaluation and invaded his private life, He sued Xiao Wang, the user of the account of the short video platform, to the Hexi District Court, asking the other party to restore its reputation, eliminate its influence, apologize and compensate for losses.
After the trial, the court held that Xiao Wang did not obtain the consent of Mr. Bai when he released the video involved in the case, and did not deal with the images, sounds, etc., which triggered netizen comments, and had a certain negative impact on Mr. Bai's social evaluation. Therefore, Xiao Wang's behavior damaged Mr. Bai's reputation, and should bear the corresponding tort liability. The court then ordered Xiao Wang to apologize to Mr. Bai. The specific way is to make an apology to the former advertiser by issuing a public statement on the short video platform, eliminate the impact and restore the reputation. The release time shall not be less than 15 days. If Xiao Wang fails to perform the above obligations, Mr. Bai can apply to the court to publish the main contents of the judgment in this case in influential newspapers nationwide at Xiao Wang's expense. The court did not support the property loss claimed by Mr. Bai because there was no factual basis.
■ Judge's statement
As a widely used new media, the short video platform has the characteristics of wide spread and fast spread. If the inappropriate video is released, it will inevitably lead to the reduction of the social evaluation of the civil subject within a certain range, thus infringing the reputation of the civil subject. "Random shooting" should respect the privacy of others, consider their wishes, and not affect others. It should be "casual" on the Internet regardless of their privacy and reputation, otherwise, once it causes infringement disputes, it needs to bear the corresponding legal responsibility.
The judge hereby reminds that once it is found that the relevant video infringes on its own legitimate rights and interests, it is necessary to contact the video publisher to delete the relevant video in time to reduce the scope of influence. If necessary, the video publisher can make a statement to clarify the facts and restore its reputation. If the two parties fail to reach an agreement, they can bring a lawsuit to the court.
