Good news from Zhiheng | Professional protection, thank you for the banner - our lawyers represented the dispute over reputation rights and were recognized by the parties

Recently, lawyer Jiang Chunxue of Zhiheng (Longgang) Law Firm received a thank you banner from the client.

A bright red banner carries the sincere gratitude of the parties, which is not only an affirmation of the outcome of the case, but also a recognition and trust of the lawyer's professional ability and conscientious attitude.

Case brief

The plaintiff (male) made inappropriate remarks to members of a female group on the Internet. The two fans were dissatisfied with the plaintiff's speech, so they sent Weibo to accuse the plaintiff. After the female group's anti-black station learned of the plaintiff's speech, it "hacked" the plaintiff's account.

Therefore, the plaintiff sued Beijing Weimeng Chuangke Network Technology Co., Ltd., two fans, and the anti-black station under the skin in a court in Dongguan, demanding that the four defendants bear tort liability. The anti-black station under the skin, as the fourth defendant, contacted lawyer Jiang Chunxue to respond to the lawsuit.

After the lawyer systematically combs the evidence of both parties, it can be clear that the plaintiff actively, deliberately, and publicly published negative remarks against the members of the girl group first, which directly aroused the disgust and negative evaluation of the fan group. His own words and deeds are the source of his reputation damage. As a superphone manager, the only purpose of "hanging black" is to give risk warnings to other fans in the community, to avoid other fans from suffering damage to personal rights and interests, and subjectively not to derogate, slander, or maliciously smear the plaintiff; and before posting, the anti-black station has blocked scattered posts about the plaintiff in the community in accordance with the "Weibo Superphone Community Convention" and this Superphone Internal Code, and actively restricted the spread of disputes.

In short, the anti-black station does not constitute infringement.

Finally, a court in Dongguan ruled that defendant four anti-black station skin does not bear tort liability. In part of the judgment of defendant four, the reasoning is as follows:

It is important to note thatThe other two fans in the same case responded to the lawsuit by themselves, and their words were more intense because they sent Weibo to accuse the plaintiff.The plaintiff's real-life portrait was P-photographed, and the court ruled that the two fans were liable for infringement according to the proportion of fault.

Lawyer reminder

First, as the "little judge" of the fan group, the anti-black station needs to formulate clear "black" standards according to the specific situation of the artist, and carry out "black" with reason and basis in order to reduce the risk of litigation.

Second, you should also be cautious in your words and deeds on the Internet, and never "open the box" and P pictures. The aforementioned actions involve infringement of others' privacy rights, portrait rights, reputation rights and other rights. On the contrary, if the relevant rights are infringed by others, please consult a lawyer in time to protect your rights.

Third, artists, as public figures, need to have a high degree of tolerance in their comments to the public, but the duty of tolerance is limited. Malicious abuse of artists, fictional facts and allusions on the Internet all involve infringement, and serious circumstances may constitute a crime.

term explanation

1. Anti-black station: The anti-black station is one of the departments of the support club. The support club refers to the fan club that developed from the fan club and gradually became a fan organization dedicated to promoting, supporting, controlling and anti-black artists. The support club of the mainland entertainment industry is divided into folk support clubs (individual stations/fan stations) and official support clubs.

The official support committee generally has the positions of president and vice president, and the subordinate departments usually have anti-black groups, copywriting groups, offline support groups, video resource sorting groups, and financial groups.

2. Loose fans: ordinary fans who are not in the support club or fan in-app.

3. Hanging black: refers to the anti-black station publicly hanging out the remarks (links) criticizing and smearing artists, and calling on fans to carry out centralized attacks through platform rules (such as mass reporting, swiping screen control comments), in order to achieve the goal of limiting viewership of the other party's account, banning or eliminating negative remarks.

lawyer

brief introduction

Jiang Chunxuelawyer

Zhiheng Longgang full-time lawyer

Professional areas: contract disputes, labor disputes, marriage and family affairs, corporate compliance management, network tort liability disputes and economic crime criminal defense and other related legal affairs

The lawyer graduated from South China Normal University and has practical experience in civil and commercial cases in many fields. He has represented many types of dispute cases such as sales contracts, operator liability, gift contracts, and dormant shareholder equity transfer. Some cases have gone through the procedures of first instance, second-instance, and remanded for retrial. He has achieved full support for the plaintiff's claim, reduced the proportion of liability of the parties, facilitated settlement, and won the 800,000 yuan and interest.

At the same time, it handles inquiries related to intellectual property infringement in the fields of rice circles and two-dimensional elements, and assists the team to serve enterprises in dry ice manufacturing, electronic technology, maternal and infant protection, etc. It has interned in multiple departments of courts, procuratorates, and arbitration commissions, accumulating multiple judicial perspectives, handling cases rigorously and meticulously, and fully safeguarding the legitimate rights and interests of the parties.

About Zhiheng Longgang

LONGGANG OFFICE

●Zhiheng (Longgang) Law Firm was established in 2022 and is the first branch of the headquarters to adopt "direct investment direct management". Zhiheng Longgang insists"Based in Longgang, the Bay Area, and the whole country"Our professional service strategy integrates professional talents and network resources, and is committed to building a legal service highland in the eastern center of Shenzhen!

●The professional areas of Zhiheng (Longgang) Law Firm includeCriminal and commercial compliance and litigation, civil and commercial dispute resolution, labor and personnel, intellectual property, real estate and construction engineering, environmental protection, marriage and family affairs and wealth inheritance, enforcementWe have established professional departments in various fields to provide professional legal services to our clients.

Contact Us

Telephone: 0755-2829 5859

Address: 19th Floor, Block A, Rongchao Yinglong Building, Zhongxin City, Longgang District, Shenzhen City, Guangdong Province

Email: zhihenglg@zhihenglawyer.com