Zhan Jun's Defamation Claim-Media Report

In October 211, the news hotline of Daily Business Daily received many complaints from tourists.

According to tourists' feedback, Zhan Jun published two reports on October 2th and October 27th, 211, respectively, "Unless an ambulance sends you away, you won't be able to figure out this gate, and Zhejiang Lixi International Travel Service makes tourists lose their dignity" and "China Everbright International Travel Service has just been fined 1, yuan, and Lixi International Travel Service still commits crimes against the wind", revealing that Zhejiang Lixi International Travel Co., Ltd. lured Zhejiang with ultra-low price as bait.

after the report was published in the newspaper, Bao Li, the chairman of Zhejiang Lixi International Tourism Co., Ltd., found Zhan Jun through various connections, hoping that the newspaper would stop the follow-up report and offer him a large sum of money to lure him, but Zhan Jun refused in person. As a result, Bao Li bears a grudge and secretly instigates Zhang Jinbei, the general manager, to fabricate facts and instructs Xu Yufei, the store manager, to post online to slander Zhan Jun.

On October 27th, 211, many websites, such as 19th floor of Hangzhou, Tianya Community, Maopu, etc., appeared with the title "Newspapers also have shady stories! Unscrupulous reporters falsely accused and repeatedly blackmailed several major travel agencies in Hang Cheng. In this post, the poster made things out of nothing, fabricated facts, made a bad personality attack on Zhan Jun, and vilified Zhan Jun's reputation. For example, "... asking Lixi International Travel Service to spend 12, yuan on advertising in this newspaper is obviously blackmail." "It is understood that nine travel agencies have been blackmailed in this way …" and so on, and libel language is full of it.

According to incomplete statistics, the number of clicks on defamatory posts exceeded 3,, which indirectly spread to millions, causing very bad social impact and seriously damaging Zhan Jun's reputation.

The police quickly targeted the poster Xu Yufei through technical means. Gongshu Public Security Bureau asked Xu Yufei to delete all defamatory posts on the website, stop the infringement, and imposed administrative detention on Xu Yufei for 2 days for fabricating facts to slander Zhan Jun. At that time, Xu Yufei readily promised to delete the defamatory post. However, after half a year passed, Xu Yufei was indifferent, which seriously discredited Zhan Jun's personal reputation. Being hit hard by this slander, Zhan Jun's normal work, life and study have been seriously affected.

To this end, Zhan CMC entrusted a lawyer to hand over a criminal incidental civil private prosecution to the Gongshu District People's Court in Hangzhou, demanding that the defendant Xu Yufei be investigated for criminal responsibility for libel according to law. At the same time, he also put forward three civil litigation claims, including compensation for various losses of more than 1.4 million yuan, of which the reputation loss fee reached 1 million yuan. Zhan Jun sued Xu, the defamatory, to court with the following claims: 1. Investigate the criminal responsibility of the defendant Xu for libel according to law; Second, the defendant Xu was ordered to immediately delete the defamatory posts on 27 websites, including the 19th floor of Hangzhou and Tianya Community, and stop the infringement; 3. The defendant Xu was ordered to publish apology book of not less than 5 words on 27 websites including but not limited to 19th floor of Hangzhou and Tianya Community, and on the front page of Daily Business Daily, so as to restore the plaintiff's reputation; Fourth, the defendant Xu was ordered to compensate the reputation and other losses of 1,115,826.57 yuan.

being instigated by the general manager of the company

posting malicious attacks on journalists

Just at the critical moment when the court wanted to investigate Xu's libel crime, Xu unexpectedly told the case-handling judge the truth-she was instigated by Zhang, the general manager of the company's exit center, to post on the Internet to slander reporter Zhan Jun.

According to the confessions of Xu and his former colleagues Zhang and Jin, Xu did not know Zhan Jun before and had no chance to get in touch with him.

On October 27th, 211, Zhang, then the general manager of Zhejiang Lixi International Travel Service Exit Center, instructed his subordinates to make something out of nothing, and fabricated a defamatory post about Zhan Jun extorting advertising fees from major travel agencies in Hang Cheng, with a view to discrediting Zhan Jun.. After the text was written, Zhang also instructed Xu to send the defamatory content to major networks such as Maopu and Tianya.

Because it was assigned by the immediate superior, Xu did it one by one according to Zhang's requirements without thinking.

a few days after the post was posted, Xu and his colleague Jin were taken to the police station by public security personnel for investigation. After learning the situation, Zhang immediately called Xu and asked her to admit that it was a personal posting behavior and not to involve the company level, because the company's legal adviser said that if it involved the company, it would be more difficult to deal with. Therefore, Xu did what he said.

according to Xu's and Jin's confessions, on the day when Xu's detention expired, Zhang, general manager of Zhejiang Lixi International Travel Service Exit Center, led his subordinates to the detention center and picked Xu up for dinner at Binjiang. During the dinner, Zhang gratefully said to everyone: "I asked Xu to post at the beginning. It stands to reason that I should go to detention. Xu helped the company to take the blame."

Afterwards, Xu not only received 1, yuan in consolation money for "libel", but also got a salary increase, and his position was promoted from the original store receptionist to the sales manager. Kim's monthly salary has also increased by 5 yuan, and his position has been promoted from deputy sales manager to manager.

The latest interpretation of the "two houses" is like timely rain

The court can settle the case through mediation without criminal responsibility

Because the sentencing standard for online libel cases has not been promulgated, it is difficult to grasp the scale, which once embarrassed the case-handling judge and lasted for three years.

On September 6, 213, the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Defamation by Information Network was issued, which pointed out the direction for this case.

After the judge's unremitting efforts, the case finally came to a successful conclusion through mediation. In order to give the slanderer a chance to turn over a new leaf, Zhan Jun, after consultation, the poster Xu and the instigator Zhang each paid 1, yuan to compensate Zhan Jun for his reputation and other losses.

Luo baolong believes that according to the second article of this interpretation, "the same defamatory information has actually been clicked, viewed more than 5, times, or forwarded more than 5 times" can be regarded as "serious circumstances" as stipulated in the first paragraph of Article 246 of the Criminal Law. The number of views of libel posts in this case greatly exceeds this standard. Therefore, the criminal responsibility of the defamator is in the bag. "The Internet is an open communication platform, which brings a lot of convenience to modern life. However, the network is not a tool to vent anger, and it is even more impossible to publish unfounded remarks at will. If it constitutes a malicious attack, slander or slander others, it will bear legal responsibility and be punished as it should. "