How to calculate the "account" of being abused live

□ Qiao Yizuo
　　

[Case]

Mr. He, a woman, was doing business in Urumqi. For some time, he had frequent contact with a male customer due to business needs. Jiang, the boyfriend's girlfriend, found out that they were having an affair, so she called him several times to harass him. The latter could not stand the harassment, so she added Jiang's mobile number to the blacklist. Jiang became even more angry when she found that she had been "blackmailed". In order to vent her anger, she turned to a short video platform and repeatedly released short videos, launched live broadcast insults and slandered He. He, who suffered a lot, filed a petition against Jiang to the People's Court of Midong District, Urumqi.

[Article]

Article 991 of the Civil Code of the People's Republic of China, the right of personality of a civil subject is protected by law, and no organization or individual may infringe upon it.

Article 995 Where the right of personality is infringed upon, the victim shall have 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.

[saying]

"Internet users should avoid infringing upon the legitimate rights and interests of others when expressing their opinions on the We Media platform, or they should bear the liability for infringement." Sun Wenxia, the deputy chief judge of the first civil trial court of the Midong District People's Court of Urumqi in charge of the case, said that citizens should not harm the interests of the state, the collective and the legitimate rights of other citizens when exercising their right to freedom of expression.

He often has business contacts with male clients. His girlfriend Jiang misunderstands them and doesn't listen to the explanation. He has made insulting and slanderous remarks on the short video platform, and has used photos that can clearly see his face, physical condition and other external body images, which goes beyond reasonable limits, causing the public to have a negative understanding of He, It also has a serious impact on Mr. He's life and business. Therefore, it can be concluded that Jiang infringed on He's right of reputation and portrait, and he should bear the corresponding legal responsibility according to law.

Finally, the Midong District People's Court judged that Jiang publicly apologized to He on a short video platform to eliminate the impact, and compensated him 5000 yuan for emotional damages.

"Cyberspace is not a 'place outside the law', nor can it become a 'foreign space' for insulting, derogating or slandering others." Sun Wenxia reminded that netizens should abide by the law, adhere to the moral bottom line, and use the Internet in a civilized manner to jointly maintain a harmonious network environment. If they use abusive remarks maliciously to infringe on the reputation of others, they will bear corresponding legal responsibilities.

(Prepared by reporter Yang Shuhan)