Infringement! Compensation for mental damage and consolation for abusing others in the circle of friends

2023-10-23 11:37:29 Source: Tianshan.com - Xinjiang Legal Daily

 Courtesy of Yizikere Zulipikar. png

On October 18, the People's Court of Yining County concluded a case of reputation dispute.

Since September, Gu has been abusing Ah in his WeChat circle of friends. It is learned that Gu's younger brother broke up after falling in love with A, and he thought that A cheated his younger brother's feelings, so he angrily released many abusive remarks against A in his WeChat friends circle. A informed the police station, and Gu then deleted the WeChat content. Gu is a WeChat business with a wide circle of friends and a large number of people. His previous behavior has caused mental damage to him. A Mou then sued Gu Mou to the court, requesting that he be ordered to apologize and compensate for emotional damages.

After the Yining County People's Court accepted the case, through the screenshots of A's WeChat friends circle, it was determined that the content published by Gu in his friends circle really insulted and slandered A, which had an impact on A's family life and personal reputation, leading to A's lower social evaluation within a certain range.

After the judge in charge understood the cause of the dispute, he gave psychological counseling to A and criticized and educated Gu. The two parties reached a mediation agreement through court mediation. Gu apologized to A on the spot, and paid a one-time consolation payment of 3000 yuan to A for mental damage on the same day.

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Article 1024 of the Civil Code of the People's Republic of China stipulates that civil subjects enjoy the right of reputation. No organization or individual may infringe upon the right of reputation of others by means of insult, slander, etc. Reputation is the social evaluation of civil subject's morality, reputation, talent, credit, etc.

Article 995 of the Civil Code of the People's Republic of China stipulates that if the right of personality is violated, the victim has the right to request the actor to bear civil liability in accordance with the provisions of this Law and other laws. The provisions on limitation of action shall not apply to the right of the victim to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore his reputation, and make an apology.

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