We tell today with case commentate the law is news media organization " judge ugly " activity, form tort? What kind of is particular case? Everybody sees a case together with Xiaosi.
Come, knock blackboard to delimit key!
Reviewing of details of a case
Company of some Internet information was initiated in a website 2012 " 2012 10 large deformed sculpture of first whole nation " selection activity. In selection process, company of some Internet information decided 59 are awaited directly choose work, reveal its go up in selection activity webpage, poll independently on the webpage by the netizen. Of the same age in December, classics netizen is voting, the sculpture work of accuser Guo Mou counts second result to be seleted 10 large deformed sculpture of countrywide with total bill.
For this, guo Mou appeals to because of authority of enroach on reputation to the court, requirement the accused stops enroach on instantly, remove an effect, make an apology, compensatory spirit damages solatium, pecuniary loss to add up to 500 thousand yuan.
Lawyer analysis
Everybody listens to young general to explain first.
The judge of 10 large deformed sculpture of countrywide fastens an opinion to convey a category, and the snap that does not have pair of author itself, defame wait for contemptuous imply, do not attribute action of authority of enroach on reputation. Social community enjoys the right of free evaluation to work of art. Accuser starts a writer as art, should respect the public free to the evaluation of its work, include negative assessment. Some Internet company awaits the accused 59 times certainly directly the objectivity that chose the practice of work to affect selection activity, but, defendant company has the free speech that expresses oneself opinion likewise, this opinion expression does not have snap, defame the imply that waits for affront, calumniatory other, also do not make power of enroach on reputation.
So, small department younger sister, how do you see this long table?
The court rejected the entire lawsuit request of accuser. Guo Mou refuses to obey first instance court decision, appeal comes intermediate people court, quadrangle adjudicates after classics cognizance: Reject appeal, maintain original judgement.
Although the court maintains the behavior of Internet company finally not to make power of reputation of enroach on other, but regard news as media, the organization chooses an activity this kind ought to more careful, avoid to bring needless mental worry to other as far as possible.
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