= Nie Shengzhe Weibo sends a screenshot
The obituary of netizens is considered to have violated the right of reputation.
Call a friend "Sun Capsule" before dying
Yiling Pharmaceutical issued a lawyer's letter, demanding a public apology.
On October 6th, 65438, Nie, a user from Weibo, wrote in Weibo, "Today, I am very happy to receive a lawyer's letter from Yiling Pharmaceutical, a manufacturer of Lianhua Qingwen, which is standardized, clear-cut, cultural and full of goodwill. But I am a little puzzled and dissatisfied with my suggestions, criticisms and demands. " Nie Shengzhe also said that he would seek opinions in Weibo and make a decision on whether to apologize in the form of public opinion polls.
The picture in this article is a two-page lawyer's letter, all signed by Beijing Peng Lan Law Firm. According to the lawyer's letter, "Beijing Peng Lan Law Firm accepted the entrustment of Shijiazhuang Yiling Pharmaceutical Co., Ltd. according to law and assigned lawyer Zhang Qizhun to send a letter on Nie's remarks on Sina Weibo platform and WeChat circle of friends, infringing on the client's reputation."
The cause of this incident is an obituary, 65438, published by Nie on the social platform on February 22nd, 222. On the same day, Nie said in Weibo and WeChat circle of friends, "Comrade Wang, an outstanding alumnus of Jiangsu Alumni Association of Sichuan University, died unfortunately at 7: 7 on February 26, 222 at the age of 39."
The obituary posted by this netizen also mentioned that "Comrade Wang insisted on making friends circle and drying Lianhua Qingwen Capsule before his death". Therefore, Yiling Pharmaceutical mentioned in the lawyer's letter that Nie Shengzhe "used the death of the deceased to secretly combine the deceased and Lianhua Qingwen Capsule with words and pictures by smuggling goods, with the intention of derogating Lianhua Qingwen Capsule and the client with the death of the deceased." "A large number of articles and articles containing the above-mentioned infringing remarks.
According to the lawyer's letter, Nie Shengzhe's behavior "caused extremely serious consequences to the client, misled the netizens and consumers who didn't know the truth, damaged the client's good brand image, lowered the client's social evaluation, devalued the client's good reputation, brought great economic losses to the client and seriously infringed on the client's legitimate rights and interests." Yiling Pharmaceutical requested Nie Shengzhe to delete relevant infringing remarks, eliminate adverse effects and publicly apologize for not less than 9 days.
Screenshot of Wang's circle of friends
The Red Star journalist noticed that there was a screenshot of Wang's circle of friends in the picture of the obituary published by Nie 65438 on February 22. There is indeed a picture of him holding Lianhua Qingwen capsule in his hand, and there is also a picture of him holding paracetamol tablets in his hand. The title of the screenshot says, "Now my heart beats 16 a minute, and I can't eat any more."
Yiling Pharmaceutical:
If it has a significant impact on the company
The Legal Department will collect evidence and take corresponding measures.
On June 65438+October 1, Nie Shengzhe sent another letter to Weibo, sharing a letter to his lawyer, signed "Nie Wuming", saying that "this writing may be more accurate". The Red Star journalist then wrote a private letter to Nie Weibo account to make an appointment, but as of press time, he did not receive a reply.
On October 11th, 65438, Red Star journalists repeatedly asked Beijing Peng Lan Law Firm and Zhang Qizhun Law Firm to verify the authenticity of the lawyer's letter, but no one answered as of press time. According to public media reports, regarding whether to sue Nie in the future, Peng Lan Law Firm once said that the company is only an agent and cannot decide related matters. The final decision depends on the client Yiling Pharmaceutical.
On October 12th, 65438, a reporter from Red Star called the landline of Yiling Pharmaceutical's secretary-general's office, and the operator replied that the company would express its attitude by sending a lawyer's letter to netizens who reported that their friends had "dried Lianhua Qingwen capsules before they died" and other similar slanders and rumors. If it has a significant impact on the company, corresponding measures will be taken according to the corresponding procedures, and the legal department will collect evidence. "We are following the corresponding procedures. This program must be at some stage. If we meet the information disclosure standards, we will make public disclosure. " In addition, it also said that the share price and operating conditions of Yiling Pharmaceutical are not only affected by litigation, but also related to many factors such as capital and market attention.
According to official website of Yiling Pharmaceutical, Shijiazhuang Yiling Pharmaceutical Co., Ltd. was established in June 1992. It has successively undertaken more than 4 national, provincial and ministerial projects such as National 973 and National 863, developed Tongxinluo capsules for treating coronary heart disease and cerebral infarction, and Shensongyangxin capsules for treating arrhythmia, paying equal attention to both speed and speed, and has more than 1 patented new drugs, such as Qiliqiangxin capsules for treating both the symptoms and root causes of chronic heart failure and Lianhua Qingwen capsules for treating common cold and influenza. By June 36, 22, 65438+February 36, 66 patents had been obtained and more than 3 national scientific and technological progress awards had been won.
Among them, Lianhua Qingwen Capsule/Granule is a patented new drug for treating cold and influenza, which is developed under the guidance of collateral disease theory of traditional Chinese medicine, and it is a new drug variety approved by the rapid drug approval channel of the State Pharmaceutical Products Administration. Chinese patent medicine for treating cold and flu won the second prize of national scientific and technological progress; Enter the FDA of the United States to conduct clinical research on Chinese patent medicine for treating influenza. Since its listing, it has been recommended for more than 2 times in the diagnosis and treatment programs and guidelines of respiratory virus infectious diseases such as the National Health and Family Planning Commission.
The lawyer said:
Basic facts need judicial confirmation.
A letter from a public lawyer may constitute an infringement of reputation.
Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer, told the Red Star journalist that according to Article 35 of the Constitution, citizens have the right to freedom of speech, but according to Article 51 of the Constitution, "China people and China citizens shall not harm the national, social and collective interests or the legitimate freedoms and rights of other citizens when exercising their freedoms and rights." That is, citizens' freedom of speech is restricted, provided that it does not harm the interests of the state, society and the collective and the legitimate freedoms and rights of other citizens.
Zhao Liangshan pointed out that Nie has the right to express his opinions, but his opinions shall not infringe upon the reputation right of Yiling Pharmaceutical, otherwise it will constitute infringement. According to Article 124 of the Civil Code: "The civil subject enjoys the right of reputation. No organization or individual may infringe upon the reputation of others by insulting or slandering. " The right of reputation protects the general evaluation of the public, and the common ways of infringing the right of reputation are insult and slander, thus reducing the social evaluation of the infringed.
Zhao Liangshan thinks that the main content of Weibo sent by Nie belongs to objective fact statement, not slander, but it has the meaning of slandering and insulting Lianhua Qingwen medicine.
"Whether Nie Shengzhe finally constitutes infringement still needs the court to judge with the evidence provided by Yiling Pharmaceutical." Lawyer Zhao Liangshan pointed out that if the court finds that Nie's remarks lead to a decrease in the public's social evaluation of Lianhua Qingwen drugs, then Nie's behavior constitutes infringement, and he needs to bear civil responsibilities for Yiling Pharmaceutical to stop the infringement, eliminate the influence, apologize and compensate for the losses.
Lawyer Zhang Xinnian, vice chairman of Beijing Social Organization Legal Mediation Center, also told Red Star that no social subject has the right to be unchallenged and criticized. Any citizen also enjoys freedom of speech, freedom of expression and the right to criticize and supervise according to law.
"However, whether the obituary constitutes infringement has not been determined by the judicial organs at present, and it is still difficult to be clear." According to lawyer Zhang, according to the contents of the obituary and lawyer's letter, whether the basic facts described in the contents such as "Comrade Wang insisted on making friends circle and drying Lianhua Qingwen capsule during his lifetime" are fabricated remains to be ascertained by the court.
Mr. Zhang believes that it is difficult to know whether the obituary constitutes infringement without judicial determination. The lawyer's letter circulated in public firmly believes that the author of the obituary constitutes infringement and makes rude remarks, which may constitute honorary infringement to Nie. Therefore, Yiling Pharmaceutical can counterclaim if it sues for infringement of the right of reputation.
Red Star journalist Cai Xiaoyi Jing Lan
Editor Guan Li Editor Pan Li.