"Dian" brightens the light of rule of law in network social life
2023-02-06
With the rapid development of information technology, the protection of personal information and virtual property has become a hot topic. The rapid development and popularization of the Internet has not only brought a variety of information and ways to make money, but also caused some problems such as the theft of private information, network violence, virtual property segmentation and so on. The Internet is not an illegal place. Recently, the people's courts of Yueyang City, Hunan Province, have sorted out some typical cases related to the protection of personal information and virtual property for interpretation and analysis, aiming to guide the public to respect objective facts, adhere to the legal bottom line, improve moral cultivation, and jointly create a clean and upright cyberspace. In July 2021, a user of an online platform added an answer to the question link "Do boys prefer good-looking girls?" "Is it really advantageous to be beautiful?". The answer included "three sentences made a man spend 180000 yuan for me!" "Even my boyfriend didn't see the eyes and nose I made, and praised my natural beauty..." "No one saw that I was so beautiful because of plastic surgery, so I married the second generation of rich people!" and other content, accompanied by personal self-portraits. However, in fact, the photos selected by the user were directly stolen from the "Little Red Book" account of a college student, Xiao Qing, who was not aware of it, and the content in the article was also fictitious. Xiaoqing, who was informed of the situation by her classmates, immediately contacted the user of the network platform. The other party lied that he was using WeChat official account“ ×× Face "was introduced to relevant medical and aesthetic institutions. Xiao Qing found it again“ ×× "Look at the face" WeChat official account, and got in touch with the customer service personnel, who said that the woman in the picture was his own customer, and his eyes and nose were all made in a medical beauty agency. After investigation, we learned that the WeChat official account“ ×× The user subject name of "Face Watching" is a medical and aesthetic institution, and the operator is Lin. Xiaoqing believes that the medical beauty agency's embezzlement of her photos for plastic surgery propaganda infringes her portrait right, so she sued the court for compensation for mental damages and reasonable rights protection costs. After hearing, the Yueyanglou District People's Court of Yueyang City held that the personal rights and interests of citizens such as the right to portrait were protected by law. A user of an online platform embezzles Xiaoqing's portrait, and fabricates false information such as Xiaoqing's plastic surgery in a medical beauty agency and her boyfriend's spending huge money on her in the name of the first person, thus inducing online users to go to WeChat official account“ ×× Looking at the face "consultation, so as to get a positive answer from the customer service personnel about plastic surgery and other information. Obviously, there is a chain of interest transmission, which infringes on the plaintiff's right to portrait, reputation and other personality rights. The defendant, a medical and aesthetic institution and the operator, Lin, shall bear the corresponding liability for infringement. As a college student, the plaintiff's untrue posting on a network platform has been seen and told by his classmates, which clearly shows that the posting has had a negative impact on the plaintiff's life circle. Moreover, the content of the post is related to the emotional status, appearance and other reputation of a female college student at school. The plaintiff claimed that it suffered serious mental damage and should be recognized. The attorney's fees, investigation and evidence collection fees incurred by the plaintiff for safeguarding rights are reasonable expenses and should also be supported. Combined with the seriousness of the defendant's infringement
Edit:Hou Wenzhe Responsible editor:WeiZe
Source:chinacourt.org
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