Earlier, Gao Hui, assistant to the chairman of Zoomlion, publicly named New Express and Chen Yongzhou on the real name Weibo for "slandering Zoomlion". New Express sued Gao Hui for violating the reputation rights of New Express and Chen Yongzhou. Changsha police
20 13, 131on the morning of 23 October, Changsha Public Security Bureau said that Chen Yongzhou, a reporter of New Express, was detained because, after investigation, the newspaper and its reporter Chen Yongzhou did not go from 26 September12 to June13. Through its media platform, Zoomlion published 18 negative articles about Zoomlion, of which 14 articles were 20 13. In June, Zoomlion sent personnel to New Express to communicate about this matter and asked them to go to Zoomlion for field investigation to understand the real situation. Stop fabricating, slandering and slandering. However, New Express and Chen Yongzhou ignored Zoomlion's request and continued to publish negative articles. The Changsha Municipal Public Security Bureau found out that Chen Yongzhou fabricated three main facts concerning Zoomlion: First, fabricated Zoomlion's management to buy its high-quality assets for profit transfer, resulting in the loss and privatization of state-owned assets. The second is to fabricate Zoomlion to spend 5130,000 advertising fees a year to engage in "abnormal marketing". The third is to fabricate and slander Zoomlion's sales and financial fraud. In the process of reporting, Chen Yongzhou didn't have any specific basis, and didn't consult the relevant regulatory and auditing departments and accounting firms. He just made his own subjective assumptions. Changsha Public Security Bureau said that on September 7, 2065438, Changsha Public Security Bureau hired Yang Miao Judicial Appraisal Institute of Hunan Province to appraise the losses caused by Zoomlion articles published in Guangdong New Express 18 and its reporter Chen Yongzhou. After examination by the law enforcement and supervision detachment of the Municipal Public Security Bureau, it was found that the suspect Chen Yongzhou fabricated and spread false facts, which damaged Zoomlion's business reputation and caused great losses to Zoomlion. His behavior violated the provisions of Article 221 of the Criminal Law of People's Republic of China (PRC) and was suspected of damaging business reputation. On June 65438+1October 65438+September, the criminal suspect Chen Yongzhou was approved to take compulsory measures of criminal detention.
ZOOMLION
The reporter did not interview directly, but reported the case after the communication failed. 2065438+03101At noon on October 23rd, Du Feng, assistant to the chairman of Zoomlion, said that the dispute between New Express and Zoomlion originated from "the other party's serious misrepresentation of us for a long time". He said that in the past year, New Express published a large number of reports about Zoomlion by reporter Chen Yongzhou, involving more than one manuscript 10, which contained a lot of false information. "Before making these reports, this reporter and the media did not interview us directly, did not come to our unit, and did not come to any phone calls, text messages or interview requests made by Tian Niu." Du Feng said that after seeing these "false reports", a senior official of Zoomlion led a team to the New Express on June 20 13, hoping to clarify the facts and stop the false reports, but failed. Zoomlion also issued an announcement to clarify, but the other party continued to "falsely report". Regarding the progress of the incident, the Legal Department of Zoomlion has reported the case, and the specific case will be announced by the public security organ.
New express
The reporter's report is a duty behavior, and the other party should negotiate with the unit. The relevant person in charge of the New Express stressed that Chen Yongzhou's report was a normal job behavior. "If there is any problem with Chen Yongzhou's report, we very much welcome Zoomlion to negotiate with us through normal channels and procedures. You can go to court with us. If we lose the lawsuit, we will pay for it. We will close the door when it is time to close the door. " The person in charge said, "We have looked up all the reports about Zoomlion in Chen Yongzhou, which are generally objective. We believe that there are no special problems, and we have not found any violation of professional ethics and laws in Chen Yongzhou.
Wife response
His wife said that on the morning of June 65438+1October 65438+July 2003, she received a phone call from the Guangzhou police, saying that the Chen family's theft case had made new progress, and she came to the Interpol detachment to learn about the situation. "In August, a thief broke into my house and stole 25,000 yuan in cash and an Apple player. We dialed 16544.
Chen Yongzhou's wife said that she knew more about the situation because of the theft. 20 13, 10, 18 at 9: 30 in the morning, she and Chen Yongzhou came to the criminal police detachment of Guangzhou Public Security Bureau and were taken to an interrogation room. "Four or five policemen came in and said it was Changsha police. Chen Yongzhou was detained on suspicion of committing a crime, not the theft of our family. They showed their documents and an A4 piece of paper, but the paper flashed by and the content was unclear. "
Chen Yongzhou's wife said that she had asked the Changsha police and was going to call the newspaper. "But two policemen dragged me into the interrogation room next door. I broke free and ran away. In the distance, I saw that Chen Yongzhou was taken away by a black Mercedes-Benz commercial vehicle with a A Xiang license. " Experts say
He Bing: "This is over! The police are suspected of arresting people. "
How to distinguish between behaviors that damage business reputation and normal public opinion supervision? Is Chen Yongzhou's report really illegal? The reporter interviewed a famous lawyer in China, Jiang Wei.
He pointed out that the crime of damaging business reputation refers to the act of fabricating and spreading false facts, damaging the business reputation of others, causing heavy losses to others or other serious circumstances. The subjective element of this crime is direct intention, that is, having and aiming at damaging the commercial reputation and commodity reputation of others. Therefore, indirect intention and negligence do not constitute this crime.
Therefore, the subjective boundary between acts that damage business reputation and normal supervision by public opinion is whether the media deliberately fabricate and spread false facts in reports. Si Jiangwei pointed out that after the reporter of New Express got the report materials, he went to the scene for investigation, evidence collection and verification, which can prove that he did not fabricate the facts and could not be convicted of this crime.
There is no evidence to link media reports with stock prices.
Lawyer Ding Yiyuan, director of the Criminal Department of Beijing Yingke (Guangzhou) Law Firm, further pointed out that the establishment of this crime also needs objective elements, that is, media reports will cause great losses to others. Zoomlion means that the report of the New Express made its share price fall, but is it really because of the report of the New Express? In fact, the rise and fall of the stock price will be affected by many factors, which is very complicated. It is not only a dynamic market, but also an expected market. Therefore, it is also groundless to directly link media reports with the complex changes in stock prices. Therefore, Chen Yongzhou does not constitute the crime of damaging business reputation subjectively and objectively.
Even if it is not true, it should be a civil dispute of reputation infringement.
He Bing, deputy dean of the Law School of China University of Political Science and Law, even bluntly said: "This matter has passed! The police are suspected of arresting people. " In his view, it is obvious that deliberately and subjectively fabricating facts is the subjective element of the crime of damaging business reputation. "This incrimination threshold is very high, and it is not necessary to buckle this charge casually. The police must have sufficient evidence to prove that the reporter is fabricating facts and deliberately causing heavy losses. " He Bing believes that the reporter's report on the incident, even if it is inaccurate and causes adverse social impact, should also belong to a civil dispute of reputation infringement.
"Be wary of local protectionism and retaliate against journalists"
"Crimes that damage business reputation mostly happen to vicious competitors. Journalists are obviously not competitors of enterprises. At this time, the police should be cautious in arresting people. " Xu Songlin, director of china law society Criminal Law Research Association and dean of South China University of Technology Law School, said bluntly.
"This charge does not mean that objective behavior causes you economic losses, even if it constitutes. Then multimedia has critical reports and negative reports on enterprises, which has an impact on the company. Then the media should be responsible and should it be supervised? "
He pointed out that if people are arrested casually, it is finally found that this is a wrong case, and the public security organ must be responsible. If an enterprise falsely accuses or frames it, it shall also bear criminal responsibility. "For this kind of incident, I have always wanted to say, and I must say that we must be alert to local protectionism and retaliate against journalists." Xu Songlin finally stressed.
Lawyer Ding Yiyuan also believes that the use of public power by commercial organizations to suppress public opinion supervision should not be regarded as a case, but reflects the government's attitude towards public opinion.
Comments from netizens
@ Yin Hongwei: The risks are getting bigger and bigger. It seems that investigative journalists in China must change their ways. Write some unimportant reports.
@ kevin from Chengdu: I don't believe this reporter wrote these reports for justice. There can be no interest behind them. If all the reports are true, who dares to arrest him?
@ Deep Blue Finance Network: Seriously concerned about the New Express reporter Chen Yongzhou was arrested by the police in Changsha, Hunan Province, causing Zoomlion. Don't pay attention today, no one will pay attention tomorrow.
Media comments People's Daily comments on Chen Yongzhou incident: Keeping the bottom line of journalists' profession.
Chen Yongzhou, a reporter from New Express, was criminally detained according to law for allegedly damaging business reputation. Chen Yongzhou's regret of "taking me as a warning" is thought-provoking.
Similar behavior is not a case. Over the years, the media has been highly involved in social life, and the influence of public opinion supervision has further expanded. However, while many journalists pursue the truth with ideals and morality, there are also some black sheep who extort money under the banner of public opinion supervision, and regard this as a media serving the public and a private device for individuals and small groups. This kind of behavior makes the public resent, makes peers look down on it, and also damages the credibility of the news media. Resolutely opposing news extortion is the need to maintain law and discipline and the need to rectify the industry.
Being in a society with highly developed information, media people should uphold professionalism and ethics, be fair to the public, keep the bottom line, and protect their conscience in the diversity of values; Only by adhering to the moral norms of respecting facts and upholding justice can journalists make good use of their rights and live up to the high expectations of society.
Journalists association review
The China Journalists Association severely condemned Chen Yongzhou's alleged false reports and other acts.
According to the China Association of Journalists, it was found out by the public security organs that Chen Yongzhou, a reporter of New Express, was instructed by others to publish a large number of untrue reports against Zoomlion without verification from September 20 12 to August 20 13, and received "remuneration" from others many times, which seriously damaged Zoomlion's reputation and caused great losses to shareholders. Chen Yongzhou's behavior seriously violated the professional ethics of journalists in China, the principle of news authenticity and the credibility of news media. The New Express has published many fabricated reports signed by our reporters in the past year, which is a serious dereliction of duty and should bear corresponding responsibilities.
China Association of Journalists and the National Office of Three Religions held a symposium on "Combating News Blackmail and Strengthening Industry Self-discipline"
165438+ 10. On 3 October, the China Journalists Association and the National Office of the Three Religions held a symposium on "Combating News Blackmail and Strengthening Industry Self-discipline". The reporters at the meeting severely condemned Chen Yongzhou, a reporter of New Express, for using the right of news interview to violate the law and discipline, and resolutely supported the Guangdong Provincial Bureau of Press, Publication, Radio, Film and Television in handling the New Express, saying that it is necessary to effectively strengthen industry self-discipline, consciously accept social supervision, and consciously safeguard the good image of journalists.
The meeting held that the recent incident that Chen Yongzhou violated the law and discipline by using the right of news interview had extremely bad social impact and seriously damaged the image of the news team. News media and editors at all levels should fully understand the serious harm of news extortion and draw profound lessons. Be concerned by the journalists' association
On the morning of March 23, 2065438+031kloc-0/0, China Journalists Association expressed concern about Changsha police's arrest of Chen Yongzhou, an inter-provincial reporter of New Express, and made a firm stand to maintain the normal interview of journalists.
The person in charge of the rights protection department of China Journalists Association said that the Journalists Association paid close attention to this matter for the first time and asked Changsha for information. "Journalists' normal news reports are protected by law, and journalists' associations also resolutely safeguard journalists' legal reporting rights from infringement. "The above-mentioned person in charge said that after learning about the incident yesterday, he immediately called the local propaganda department to investigate the matter and informed the Association of Journalists of the results of the investigation.
China Journalists Association condemned Chen Yongzhou for criticizing New Express.
The All-China Journalists' Association protects the legitimate rights and interests of journalists, and at the same time resolutely opposes the abuse of the right to interview news, engaging in paid news, news extortion, false reports and other acts that violate the professional ethics of journalism. The news front should conscientiously practice the Marxist view of news, resolutely put an end to paid news and false reports, severely crack down on news extortion, adhere to the authenticity of news, and standardize news editing and editing. The majority of journalists should earnestly learn lessons, fully understand the serious harm of paid news, news extortion and other acts, be serious about news discipline, consciously abide by national laws and regulations, abide by journalistic professionalism and professional ethics, and earnestly safeguard the good image of journalists.
Concerned by the CPC Central Commission for Discipline Inspection
2065438+03123 October, 10, Zoomlion claimed that Chen Yongzhou, a reporter of New Express, was criminally detained by Changsha police. This case has attracted the attention of the central high-level, and the Propaganda Department of the CPC Central Committee and the Commission for Discipline Inspection of the CPC Central Committee also participated in this case. I believe it will be dealt with fairly.
Concerned by the State Administration of Press, Publication, Radio, Film and Television
In an interview with reporters, the relevant person in charge of the news and newspapers department of the State Administration of Press, Publication, Radio, Film and Television said that the General Administration had noticed the detention of the reporter of New Express and paid close attention to the development of the situation. The General Administration of Press and Publication has learned about the situation through local press and publication administrative departments and coordinated with relevant departments to ensure that this matter is handled fairly and steadily. The General Administration will resolutely support the news media to carry out normal reporting activities, resolutely safeguard the legitimate rights and interests of journalists, and resolutely oppose all kinds of practices that abuse the right of news reporting, hoping that the relevant media will report this matter objectively and rationally. Chen Yongzhou admitted that his report on Zoomlion's financial fraud was not written by him, but was provided to him by a third party, and he just revised some words. He didn't identify the third party. At the same time, he said, "If I have the opportunity to re-engage in journalism, I will definitely abide by the basic ethics of journalism, report news fairly, truthfully, objectively and comprehensively, and not be tempted by interests." A few days ago, Chen Yongzhou, a criminal suspect in Changsha No.1 Detention Center and a reporter of New Express, admitted to the police handling the case that in order to show his ability and gain more fame and fortune, he was instructed to publish a large number of false reports without verification, which seriously damaged Zoomlion's reputation and caused great losses to shareholders. Chen Yongzhou confessed to his suspected criminal facts and deeply repented, apologized to Zoomlion, shareholders and family members, and warned his peers to "take me as a warning".
under arrest
20 13 10 the people's procuratorate of yuelu district of Changsha approved the arrest of Chen Yongzhou, a reporter of new express, on suspicion of damaging business reputation. Guangdong decided to revoke Chen Yongzhou's press card.
On 2013131,the Guangdong Provincial Bureau of Press, Publication, Radio, Film and Television made a decision to investigate and punish Chen Yongzhou, a reporter of New Express, for revoking his press card.
20 1 4 10/7, Yuelu District People's Court of Changsha City sentenced Chen Yongzhou, a former reporter of Guangzhou New Express, to fixed-term imprisonment of1year10 months for the crime of damaging business reputation and the crime of accepting bribes by non-state employees.