False reporting is a news taboo, but it is precisely because she is a taboo that she is favored by news trolls. Chen, a "famous" reporter of Huaxi Daily, is such a local ruffian. Why is it willing to make false reports, and why does it dare to write false reports?
Undeniably, false reports are more readable because of their falsehood, moisture, flavor and even rarity, strangeness and strangeness. They are naturally "welcomed" by unsuspecting readers and "recognized" by irresponsible media, such as Huaxi Daily. Their subordinates, such as Chen, naturally understand the intention of social leaders-in order to be invincible in the fierce media competition.
Why do people like Chen dare to write false reports? I analyze it from the following three aspects.
First, beat up "Reservoir Dogs". Since it is Reservoir Dogs, dogs can't go ashore. No matter how you fight, the dog is completely powerless to fight back and will not pose a threat to the fallen person.
Second, the propaganda department and the press and publication bureau are not well supervised.
Third, judicial corruption. As we all know, judicial corruption is the biggest corruption in China today. In this case, reporters of major newspapers, such as Chen et al., even if they wrote false reports, they seriously infringed on the reputation rights of others. Even if a small amount of "Reservoir Dogs" landed, such as Dai in Rongxian County, Sichuan Province, they were a victim, a "Reservoir Dogs" who was repeatedly drowned by corrupt officials and their lackeys, but landed safely many times. But what's the use of landing? How dare the Libra of the imperial court deviate from the newspaper? This is called judicial Munich, otherwise the newspaper will report the court objectively and deeply, which will make the court restless and the judges degenerate.
Chen, the father of false report, is considered as a lucky mosquito, and it has indeed met fertile soil for survival and reproduction! !
Journalist, a sacred and fascinating profession and strength that people, country and nation should rely on.
In the west, the reporter's job is not to praise a country all the time, let alone local leaders, but to find its shortcomings!
China, the work of journalists has changed color-
As a result of the lesson of "outspoken, boastful", official corruption is in full swing everywhere, and the market economy is fully "economical", and the sanctity of journalists has been eclipsed, degenerating to 19 19 years ago. There are very few journalists who really sympathize with and love the national conditions, and even fewer people have a real sense of justice. Those who dare to fight resolutely against the evil forces are even more insignificant, such as Chen, a "famous reporter" of Huaxi Daily.
trim the sails
forget all moral principles at the sight of profit
Please the powerful.
Calling a deer a horse-deliberate misinterpretation
Real y reporters have mushroomed, more and more, go forward! !
What is the sympathy of China journalists?
Is the sense of mission safe?
Is it safe to struggle?
200-word news detonated10.2 million claim lawsuit.
(200 1 Democracy and Legal System, China Times)
Our reporter Xiaofeng Special correspondent Dai reports.
In the case of "news infringement", an elevator injury case in Zigong, which had caused a great uproar in Sichuan, the people's court of Dagan District of Zigong made a first-instance judgment on1Oct. 3, 2006: the plaintiff of Zigong Tian Xiang Hotel lost the case. On June 28th, 2000, Huaxi Newspaper, the defendant in this case, published a news article of more than 200 words entitled "Elevator in a Hotel in Zigong" in the edition of Bashu News.
Upon investigation, the elevator is owned by Tian Xiang Industrial Co., Ltd., not the reported Tian Xiang Hotel. And the deceased, drunk, mistakenly broke into the forbidden elevator hall door and fell to the bottom of into the pit, and died after being crushed by the descending elevator bridge. Therefore, the newspaper was pushed to the dock. Zigong Tian Xiang Hotel brought a lawsuit to the local court, suing Huaxi Bao for infringing its reputation, requesting the court to order Huaxi Bao to eliminate the influence, restore its reputation, make an apology, compensate the economic loss of 6,543,800 yuan, and bear all the litigation costs in this case.
Tian Xiang Hotel in Zigong City, which lost the first trial, refused to accept the appeal and appealed to the court.
Through detailed investigation and interview, our reporter found that the lawsuit that the media encountered huge claims was thought-provoking: the tragedy can be completely eliminated, and the media and journalists who caused the tragedy should be more cautious and comprehensive, especially criticizing reports to avoid injuring others by mistake.
Breaking into the elevator by mistake after drinking is a tragedy.
On June 24, 2000, the noisy salt gradually quieted down with the arrival of the night.
According to reports, at 8: 45 that night, He Jiuming, an employee of ziliujing district East Street Office in Zigong City, and his party of eight people happily came out for a drink and dinner from the high-copper Zhouyangzi Hotel. He Jiuming said that he would go to Tianxiang Hotel in Zigong to find someone. Accompanied by Chen Mou and Zhong, the others left respectively.
At about 9 o'clock, He Jiuming and his party came to the sauna fitness center of Tian Xiang Hotel in Zigong. The shutter door in the center was half open, and He Jiuming bowed his head and went in. He looked up and saw that the sauna fitness center was being renovated, two coolies were cleaning in the bar, and three people were playing mahjong in the hall for entertainment.
He Jiuming and his party went to the hall and looked around again. They were found by Huang Tiangui, a staff member lying on the massage table in the sauna center. Huang turned out of bed and came over and asked, "Sir, who are you looking for?" He Jiuming didn't answer, and Chen Mou and Zhong Mou turned and walked towards the elevator hall door on the 0 th floor. Why do you want to go forward? Reach for the elevator button. When the indicator light showed the floor of 1, He Jiuming mistakenly thought that the elevator had reached the 0 th floor. After entering the hall door, I heard a loud cry of "Ouch" and fell heavily to the bottom of the pit 1 m deep.
"Pull him up quickly, the elevator is coming down!"
He Zhong, who had been scared out of her wits for a long time, heard someone shout like this and immediately woke up and reached out to pull He Jiuming standing at the bottom of the pit. After drinking, He Jiuming accidentally bumped into the elevator and pulled Chen Hezhong very hard.
Just as Chen Hezhong tried to pull him into the pit, the empty elevator car from top to bottom pressed against He Jiuming's waist.
He Jiuming's strange sound of "wow, wow" alarmed everyone in the sauna center. When Huang Tiangui saw this, he immediately ran to the lobby 1 floor of Tian Xiang Hotel and pressed the elevator up button. About 1 minute, the elevator began to go up, and He Jiuming was completely pulled out of the pit by everyone.
He Jiuming, who was dragged out, claimed that he was fine, but the sauna center staff was not at ease, so he and Chen Mou, who came with him, immediately sent him to the Fourth People's Hospital of Zigong City. Physical examination opinions are: abdominal distension, extensive hyperemia in the middle and lower abdomen, and depressed hyperemia in the abdomen. He Jiuming died at 9: 05 a.m. on June 26 after failing in hospital treatment.
A report caused a lawsuit.
News spread like wildfire after the tragic accident.
Chen, a reporter from Zigong reporter station of Huaxi newspaper with a daily circulation of hundreds of thousands, immediately wrote a report, which was published in the "Bashu News" edition of the newspaper on June 28.
The original text of this news titled "Zigong Hotel Elevator" Eating People "is as follows:
At 9 o'clock on the evening of June 24th, an elevator accident occurred in Tian Xiang Hotel in Zigong. He Mou, a guest crushed by the elevator, died at the Fourth People's Hospital of Zigong City at around 8 am on June 26th.
It is understood that at the time of the incident, he accompanied the guests to the hotel for consumption. Waiting for the elevator on the first floor of the hotel, when the indicator light showed that the elevator had arrived and the elevator door was opened, He Mou took the lead in stepping into the elevator room, only to fall into the elevator room. Then the descending elevator squeezed it into the elevator room. He, covered in blood, was immediately taken to the hospital for rescue and eventually died of his injuries.
It is reported that the investigation team composed of labor, technical supervision, public security and other departments in Zigong City has begun to investigate the accident.
After this report was published in the newspaper, it caused strong repercussions in Sichuan. Especially from all walks of life in Zigong, there are many discussions. On this day, many citizens rushed to tell each other and snapped up Huaxi Dushi Bao. Tian Xiang Hotel in Zigong City is in a mess, and the boss Huang Tianxiang is on pins and needles, anxious as ants in your pants. Many people and relevant departments flocked in, and the office phone kept ringing. The family of the deceased was crying, and the whole hotel was crying.
Tian Xiang Hotel in Zigong immediately called reporter Chen of Huaxi Daily, claiming that the article "A hotel elevator in Zigong eats people" was wrong, and demanded an objective and fair report. Chen ignored it at that time.
Subsequently, Tianxiang Hotel handled the aftermath, cooperated with the relevant departments of Zigong City, and asked a lawyer to write a complaint against Huaxi Du Shibao for reputation infringement. After the local government learned the news, the relevant leaders came forward to coordinate. On the one hand, Tianxiang Hotel asked reporter Chen to admit the report error and apologize, but Chen firmly denied it.
After the negotiation failed, 200 1 1, Tianxiang Hotel angrily filed a lawsuit in court, suing Huaxi Bao for reputation infringement. Tianxiang Hotel claimed that Huaxi Dushi Bao violated the authenticity and objectivity of the news, and its report "reversed black and white, fabricated facts and confused right and wrong". Due to the large circulation and wide influence of Huaxi Dushi Bao, the reputation of the hotel was damaged and the economy suffered serious losses. Therefore, the court is required to order Huaxi Du Shibao to eliminate the influence, restore his reputation, apologize and compensate the economic loss of 6.5438+0.2 million yuan.
Direct trial and out-of-court mediation
From February to May, 2000/KLOC-0, Zigong Fiona Fang United Certified Public Accountants was entrusted by Da 'an District Court to examine the economic losses of Tian Xiang Hotel.
On June 13 of the same year, the Da 'an District Court of Zigong City held a public hearing in accordance with the law to hear the case of "Tianxiang" v. Huaxi Bao's reputation infringement. The focus of the dispute between the two sides is whether the article "Zigong Hotel elevator eats people" is false.
During the trial, the plaintiff (Tianxiang) claimed that the articles published by the defendant did not conform to the fundamental principles of news reporting, and did not conform to the authenticity, accuracy and objectivity of news, and unilaterally carried out mixed liability accidents on the plaintiff, resulting in a unilateral liability accident, which caused extremely bad influence on readers and seriously damaged the plaintiff's reputation and image. There are as many as nine inaccuracies in the articles and accident investigation reports (conclusive) published by the defendant with more than 200 words. Therefore, the defendant should bear the tort liability caused by false reports.
The defendant (Huaxi) claimed that one of the basic facts involved in this case was that "He Jiuming was injured by an elevator in Tian Xiang Hotel at 9: 00 pm on June 24, 2000, and the rescue was invalid at 9: 00 am on June 26." Therefore, the report is true and does not constitute infringement.
The two sides argued endlessly, and the court announced the date of sentencing.
According to Huang Tianxiang, in September of the same year, the court intervened twice. For the first time, the court called the defendant and the defendant together and asked them if they were willing to accept mediation. In this process, the defendant asked the plaintiff to withdraw the lawsuit first, and the plaintiff insisted on mediation and then withdrew the lawsuit. The two sides broke up in discord. Afterwards, the court presided over the second mediation. After the defendant agreed to the plaintiff's request to mediate first and then withdraw the lawsuit, the plaintiff proposed that the defendant must admit that the report was wrong and violated the plaintiff's reputation right. The defendant promised the former, but refused to talk about infringement. Under this condition, the defendant proposed to make three positive reports for the plaintiff in his own media and make indirect compensation through advertisements, so as to make everyone have a good relationship and strong cooperation. The plaintiff thought it was meaningless to advertise in the defendant's media to make up for the loss of the hotel, so he asked the defendant to pay 200,000 yuan in cash and bear all the litigation costs in this case, and at the same time apologized in a small scope (in front of the court, the defendant and the defendant) and admitted to reporting the case.
The two sides broke up again because the defendant refused to admit the infringement.
The plaintiff refused to accept the judgment of first instance.
While the plaintiff was still waiting for another mediation, on 200 1 165438, the defendant Huaxi newspaper published six articles entitled "sky-high claim vanished" and panoramic photos of the plaintiff's hotel. The headline reads: It is the elevator in this hotel that "eats" people.
Seeing the big report planned by the defendant, Huang Tianxiang's legs sank into the chair and his head buzzed.
He put his head in his hands and sighed, "I never dreamed that the defendant would continue to use the media in his hand to attack us." The defendant took it out of context and reported it unilaterally. Why does he mislead readers? As a party, the defendant strangled us with a powerful public opinion offensive. Where can I get justice? ! "
Later, he telegraphed his lawyer: "our lawsuit lost in the first instance!" "
Zeng Xiangchuan, the plaintiff's attorney, was equally surprised when he got this information. He immediately rushed to the court and got back the first-instance judgment.
The court of first instance held that although the elevator in the plaintiff's hotel was not owned by it, the sauna massage center had been contracted to others (the investigation report called it rental, reporter's note), but on the whole, both of them belonged to its management scope, so it was basically true that the defendant reported that he was injured by the elevator in the plaintiff's hotel; After being injured by the elevator at the plaintiff's place, he was indeed sent to the Fourth People's Hospital of Zigong City for treatment, and died after treatment. Both parties have no objection to this part of the facts and the occurrence and death date of any injury accident. This part is reported in the defendant's article, which is consistent with the facts and there is no inaccuracy. The article published by the defendant contains some details, such as why the injury happened, some plots and whether he spent money, but this did not reach the level of serious inaccuracy. The defendant did not fabricate facts or use malicious language to attack the plaintiff's image in the whole report. Therefore, the defendant's behavior does not constitute an infringement of the plaintiff's reputation right. Therefore, the plaintiff's reason for asking the defendant to compensate for economic losses, stop infringement, restore reputation and apologize cannot be established, and our court will not support it. According to relevant laws and regulations, the plaintiff's claim was rejected. The legal costs of this case 165 10 yuan shall be borne by the plaintiff.
Huang Tianxiang and his lawyer refused to accept the appeal and appealed to the court.
Huang Tianxiang: One-sided reports hurt us.
Huang Tianxiang, who sued the media for "news infringement" and claimed 6.5438+200,000 yuan, is 40 years old this year. Yesterday, in an interview with reporters, he said that he 1985 left Zigong Light Machine Accessories Factory and went to sea to engage in clothing business. After seven years' efforts, he established Tian Xiang Industrial Co., Ltd., the first and largest private welfare enterprise in Zigong, on 1992. More than 50 disabled people have been helped to solve the employment problem, which has been valued and supported by the local government. Over the years, it has been rated as an excellent enterprise and listed protection enterprise in Zigong City.
Huang Tianxiang said,1October 29th, 65438+ 1994, he founded the Tian Xiang Hotel in Zigong and put it into operation. From the beginning, business was very good. "Since the elevator incident on June 24th, 2000, due to the impersonal, incomplete and untrue reports in Huaxi Dushi Bao, the hotel business has gone from bad to worse, which has reduced the original room rate from 90% to about 40%. At present, the hotel is short of staff, and employees' salaries cannot be paid normally. He said indignantly: "One-sided reporting has harmed us! We can only use legal weapons to get justice for ourselves. Although we lost the first trial, we still have the confidence and determination to fight this lawsuit to the end! "
Huang Tianxiang said that he has always welcomed media supervision. After the accident, actively cooperate with relevant departments to investigate and deal with it. But he regrets that the media reports are wrong, and he dare not face and correct them correctly. He called on the media to accept the public's anti-supervision while monitoring the world, to avoid slandering the innocent and to promote the media itself.
The investigation report revealed the truth.
During the interview, Zeng Xiangchuan, the plaintiff's attorney, showed the reporter the investigation report and conclusive reply of the "June 24" He Jiuming death accident, which was formed after the joint investigation of the elevator incident by five units including labor, public security and technical supervision in Zigong City. The opinion divides the accident liability into the following categories:
1, Huang Tiangui, a staff member of sauna fitness center, should be directly responsible for this accident; The deceased He Jiuming was directly responsible for the accident.
2. Miao Jianhua, the elevator maintenance worker of Tian Xiang Hotel, has an important responsibility for this accident; Cai Qian, deputy manager of Tian Xiang Hotel Engineering Department, is responsible for the management of this accident; Huang Tianxiang, manager of Tian Xiang Industrial Company, was responsible for the accident.
In the investigation report, the direct causes of elevator accidents are determined as follows:
1. In the sauna fitness center, the impact screw of the hall door interlock switch on the 0 th floor was finally installed, the door interlock switch was forcibly closed, and the safety protection device was damaged. In order to facilitate the transportation of materials during decoration, the use function of the 0 th floor was restored without authorization, and the electric interlock switch on the 0 th floor was artificially shorted, and the elevator on the 0 th floor was used seriously in violation of regulations, which was one of the direct causes of the accident.
2. In the sauna fitness center where He Jiuming was drunk and stopped operating, he mistakenly entered the forbidden 0-story elevator and fell into the into the pit (at that time, "The elevator is broken, no entry" was posted on the elevator hall door.
The second direct cause of the accident was that it was crushed by the descending elevator car.
Lawyer Zeng said that the basic facts of this case should be confirmed by the investigation report issued by the joint investigation team of Zigong Labor Bureau and other five units, while the defendant only reported one side, not the other. In the 204-word news report, there are nine inaccuracies with the problems identified in the investigation report: He Jiuming went to the sauna center to find someone after drinking, but was reported why He Jiuming accompanied the guests to the hotel for consumption, misleading readers to think that the hotel did great harm to consumers. He Jiuming forcibly used the broken elevator on the 0 th floor of the sauna center, but the report said that he was waiting for the elevator at 1 building (the difference between the 0 th floor and 1 building is directly related to who used the elevator) ... This is enough to show that the defendant's report is seriously inaccurate.
Lawyer Zeng also said: "The basic facts include the time, place, reason, the course of the incident and the result. Anyone with a discerning eye can see that the defendant's news report of more than 200 words doesn't even conform to the basic facts. How can it be true? The defendant forcibly blamed the mixed responsibility of He Jiuming's death by using a broken elevator on the head of Tian Xiang Hotel, resulting in a unilateral liability accident. This is the defendant's deliberate fabrication of facts, which seriously damaged the reputation and image of the hotel. "
At present, Tian Xiang Hotel is preparing the appeal materials. This newspaper will continue to pay attention to the final result of the case.
Reflections on the case of huge claims
Who is responsible for who after reading the accident investigation report? Needless to say, it is clear at a glance.
If the staff of each post involved in the accident perform their duties, they will be foolproof at ordinary times; If the deceased had a strong sense of safety, the tragedy would not have happened.
If the media and reporters had made an in-depth investigation when they reported the incident; After the accident investigation report comes out, we will continue to follow up and correct the inevitable defects when reporting emergencies ... Perhaps this huge claim lawsuit will no longer exist.
However, after the tragedy, if we do it again, too many languages will look pale and powerless. I hope our colleagues will be more rigorous and comprehensive in the next report, so that the truth of the whole incident can be revealed to the world. This is also the right of every enthusiastic reader.
-Author: Combating dishonest journalists
-Release date: March 3, 2009 1 1: 56: 00.
—— Seriously warned Mad Dog Huaxi Daily reporter Chen (repost)
Some time ago, a netizen named "Dongmentou" often posted false posts on many networks in Yibin, slandered many comrades in Yibin, and even publicly leaked other people's privacy on the Internet in order to get a reply, which caused strong dissatisfaction among the victims and their families and vowed to find out this person. To this end, everyone launched a secret investigation and never gave up.
At that time, many people suspected that "Dongmentou" was an insider of the victim's unit, which once caused mutual speculation among various units in Yibin. Where there's a will, there's a way. After several months of hard investigation and verification, it was finally found out the day before yesterday afternoon that "Dongmentou" turned out to be the mad dog reporter Chen of Huaxi Daily. This result is simply unexpected. In the past, I only knew that this Chen liked to rob and cheat, and he was famous in Beijing. Today, I learned that this person also has a mad dog problem-he likes to hide behind his back and bite people, taking the opportunity to create chaos. It has been found out that Chen has nearly 10 screen names such as "Lai Ge" in addition to "Dongmentuo". If others resent him, it is reasonable for him to attack others, but many people don't resent him, including his colleagues in his own unit, the leaders of some media units in Yibin, and even those who have helped him and treated him well, he will take pleasure in it.
If you don't believe me, please investigate his previous posts under different screen names. Rabbits don't eat grass beside their nests, but Chen is shameless enough to eat grass beside their nests. Last year, the lover of a media reporter in Yibin borrowed money from others and couldn't get it back. The court ruled that the other party would not execute it. Because he is also a journalist, he can't do justice for himself. In desperation, he found Chen, hoping that he could uphold justice. At that time, Chen readily agreed, but later, he deceived the reporter and asked his lover to invite him to dinner and drink. It cost ten or twenty thousand yuan before and after. The reporter's lover works in the county town, and his salary is not high, more than 1000 per month. In order to avenge, he met Chen's shameless request with tears in his eyes. After eating and drinking enough, Chen said that he was going to interview each other, and there was no reply from then on. Later, the reporter learned that after Chen had eaten the plaintiff and the defendant and received the gift from the other party, it was gone.
Chen Zeng shamelessly declared publicly that he went to the grassroots to interview the secretary and county magistrate, and he would never smoke if the cigarettes given to him by the other party were not famous brands above 500 yuan. Over the years, he has made a fortune by helping others to change their tails everywhere to collect tail twist fees. He is so bold that he even dares to eat money from the public security bureau. In August 2007, the Municipal Public Security Bureau arrested a fugitive and invited him to Yibin Airport for an interview. He was not interested in the news, but mistakenly thought that the Municipal Public Security Bureau would give him a red envelope like other units and drove away excitedly. I didn't expect that the people in the Public Security Bureau were not sensible and didn't give him a red envelope. He felt neglected. In desperation, he incited everyone present. At the beginning of 2008, a reporter in Yibin experienced hardships and got an important news. Chen called the reporter and offered to pay 65,438,000 yuan for his news, so that the reporter could send him all the information and pictures. This reporter knows who Chen is, and he is worried that he will use these materials to extort money from the other party and refuse it sternly. Afterwards, Chen held a grudge against the reporter, slandered the reporter on the Internet, exhausted swearing words, and even spared the leader of the reporter's unit, and attacked him by name on the Internet.
In 2008, Li, a low-income household in Yibin County, decided to use his meager strength to clean up this scum reporter after listening to Chen's evil deeds, and then found a reason to sue Chen to Yibin County Court. At that time, Chen had gone to work in Luzhou, and Li only spent 25 yuan money, so Chen made four or five trips from Luzhou to Yibin. Chen gnashed her teeth at Li. At that time, he contacted one of his cronies and prepared to secretly clean up Li, but Li had already taken precautions. During that time, he didn't go out at night, and Chen Ye couldn't tidy up Li. He began to attack Li with pseudonyms such as "East Gate Extension" and "I am X Chicken" on the Internet, calling him a stick and scum, in order to make the parties afraid to go to court with Li. Afterwards, the confidant worried that things were getting worse and worse, and he himself was involved. He called Li by anonymous phone to tell him the real situation and remind him to pay attention to safety.
Chen's shameless behavior is not far away. You may want to know how such a morally corrupt mad dog got into Huaxi Du Shibao. Chen used to be a substitute teacher, but he was transferred from the teaching team because of moral corruption. Later, he joined the Reform Times (a newspaper specializing in advertising) as an advertiser. After the newspaper closed down, it copied other people's manuscripts and entered the Huaxi Dushi Bao. His wife divorced him for eating, drinking, whoring and gambling. I will publicly report this mad dog reporter on the national website. My uncle is not afraid of this mad dog going to the public security bureau to check my ID number, because what I said is true. If you don't believe me, please go to Yibin grassroots to investigate him and see what you think of this mad dog. I hereby seriously warn Mad Dog Chen and his gang members that all your actions are under my supervision. If you continue to cheat in the name of interview, endanger people and attack others online, I will investigate all the ugly behaviors of your ancestors for eight generations, including your children, and publish them online. I am not afraid of mad dog Chen's revenge.
Dai Huaxia is a famous anti-corruption writer and legal scholar in China.
Hotline email: 520-daihuaxia @163.com.