Times News (reporter Zhang Shuling) reporter learned yesterday, Haidian court accepted the appeal Fang Wang Mudi (Guangdong TV host) and Beijing micro dream Techtronic Network Technology Co., Ltd. (hereinafter referred to as micro dream company) reputation infringement case, by host Wang Mudi micro-blog said Fang "mad dog", was identified infringement Fang compensation for mental solatium 10 thousand yuan, 17 thousand and 100 yuan rights fee, and to the Fang apology. Last night, Wang Mudi said he would appeal.
Fang Zhouzi (formerly known as Fang Shimin) alleged that since July 14, 2013, Wang Mudi has published dozens of articles on micro-blog, abuse of himself and his wife and daughter. Fang Zhouzi believes that Wang Mudi published in micro-blog has no basis in fact, and wantonly slander insult, serious damage to his reputation, so tell them to remove the infringing micro-blog, compensation for mental solatium 400 thousand yuan, 37100 yuan rights fee. At the same time, the requirements of sina micro-blog operator micro dream company jointly and severally liable.
Wang Mudi argued that in the end of 2013 will delete some sued micro-blog. The question is the basis and source of fang. There are a large number of reports on the Internet questioned Fang Fang plagiarism and the identity of the U.S. green card, he sent micro-blog in order to allow the ark to respond.
micro dream company argued that it can not be strictly audited micro-blog content.
said the big party counseling is not an infringement of
Haidian court held that micro-blog speech more casual and ridicule, but the exercise of freedom of expression should not infringe the legitimate rights of others. Criticism and accusations against public figures should have a certain degree of tolerance, but not beyond their tolerance limits, damage to public figures dignity, freedom of speech should also bear responsibility.
Haidian Court pointed out that Wang Mudi micro-blog used as big party counseling, Party counseling masters and other derogatory language, the language is not formed an insult, does not constitute infringement. The other part of the micro-blog speech, such as "network underworld boss" "Kite" and "beast" "mad dog" and "peel mask" and so on, damage the dignity of Fang, there is no factual evidence, beyond the tolerance obligations of public figures, constitute infringement.
Haidian court of final judgment, Wang Mudi delete micro-blog, stop infringement and public apology, compensation for Fang, the spirit of solatium 10 thousand yuan, 17 thousand and 100 yuan rights fee. In view of the micro dream company does not have the professional judgment of the related content, after receiving the prosecution material, but also promptly remove micro-blog suspected infringement, has done to the necessary review and management obligations, so no need to assume the tort liability, but should be associated with the deletion of infringement of micro-blog.