Return Case ListInfringement Compensation

In a defamation case involving a network entity in Fujian, the court ruled that the defendant must cease the infringing act, issue an apology, and compensate the plaintiff for mental distress damages of 5 ten-thousand yuan.

Case Summary

Plaintiff Chen is the legal representative of a technology company in Xiamen and enjoys a certain level of prominence in the industry. In 2024 3, defendant Wang published numerous articles and videos targeting Plaintiff Chen on online platforms such as Douyin and WeChat Official Accounts. These posts contained extensive false and defamatory information, falsely accusing Plaintiff Chen of commercial fraud, tax evasion, and misappropriation of company funds. The content was widely shared and commented on online, causing severe damage to Plaintiff Chen's reputation, business credibility, and significant mental distress. Plaintiff Chen repeatedly requested that Defendant Wang cease the infringement, remove the content, and issue an apology, but all requests were refused. Plaintiff Chen therefore filed a lawsuit against Defendant Wang, seeking an order to stop the infringement, delete the infringing content, publicly apologize on online platforms, and compensate for mental distress damages totaling 5 yuan.

Key Dispute

1.Did the defendant's content posted on online platforms constitute defamation and false information that slandered the plaintiff?
2.Did the defendant's actions infringe upon the plaintiff's right of reputation?
3.Is the amount of compensation for mental distress claimed by the plaintiff reasonable?

Case Strategy

1.Fixed evidence: infringing content posted by the defendant on online platforms, forwarding and comment records, evidence of the plaintiff's industry reputation, and communication records between both parties.
2.举证证明被告在网络平台上发布的内容,包含大量诽谤、诋毁原告的虚假信息,没有任何事实依据,属于捏造、歪曲事实,诽谤、诋毁原告的行为
3.Under the Civil Code, civil subjects enjoy the right to reputation. No organization or individual may infringe upon another's reputation by means of insult, defamation, or similar acts.
4.The defendant's infringing acts were widely reposted and commented on online, causing severe damage to the plaintiff's reputation and commercial goodwill, as well as significant mental distress. The plaintiff's claim for mental distress damages of 5 ten thousand yuan is reasonable and complies with applicable laws.

Processing Result

The court orders Defendant Wang to: 1) cease all infringing acts within three days of the judgment taking effect and delete all infringing content targeting Plaintiff Chen on online platforms including Douyin and WeChat Official Accounts; 2) publish a public apology statement for Plaintiff Chen on these platforms within ten days, subject to court approval, with a minimum duration of 30 days; 3) compensate Plaintiff Chen 5 yuan for mental distress damages within ten days; and 4) bear all litigation and notary fees.

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