According to tourists' feedback, our reporter Zhan Jun published "Don't think of this door unless an ambulance sends you away, Zhejiang Li Xi International Travel Service makes tourists lose their dignity" and "China Everbright International Travel Service has just been fined 6.5438 million yuan" on1October 20 and1October 27 respectively.
After the report was published in the newspaper, Bao Li, the chairman of Zhejiang Li Xi International Tourism Co., Ltd., found Zhan Jun through various connections, hoping that the newspaper would stop the follow-up report and promised to lure him with a large sum of money, but Zhan Jun refused in person. So, with a grudge, he secretly instructed Zhang Jinbei, the general manager, to fabricate facts, and instructed Xu, the manager, to post on the Internet to slander Zhan Jun.
20111October 27th, Hangzhou 19 Building, Tianya Community, Maopu and many other websites 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 something out of nothing, fabricated facts, made a bad personality attack on Zhan Junjin, and slandered Zhan Jun's reputation. For example, "... asking Li Xi International Travel Service to invest 65,438+200,000 yuan in advertising fees in this newspaper is obviously extortion." "It is understood that nine travel agencies have been blackmailed in this way ..." And so on, which is full of slanderous language.
According to incomplete statistics, more than 300,000 defamatory posts were clicked, which indirectly affected millions of people, causing a very bad social impact and seriously damaging Zhan Jun's reputation.
The police quickly locked the poster Xu through technical means. Gongshu Public Security Bureau demanded that Xu delete all libel posts on the website and stop the infringement, and sentenced Xu to administrative detention for 2 days for fabricating facts to slander Zhan Jun. At that time, Xu Mankou promised to delete libel posts. However, after half a year, Xu was indifferent, which seriously tarnished Zhan Jun's personal reputation. Zhan Jun's normal work, life and study have been seriously affected by this kind of slander.
To this end, the Zhan Management Committee entrusted a lawyer to submit a criminal incidental civil private prosecution to the Gongshu District People's Court in Hangzhou, demanding that the defendant Xu be investigated for criminal responsibility according to law. At the same time, he also filed three civil litigation claims, including compensation for various losses of 6.5438+0.04 million yuan, including reputation damages of 6.5438+0.04 million yuan. Zhan Jun sued Xu, who was slandered, to the court, and his claims were as follows: 1. The defendant Xu was investigated for criminal responsibility for libel according to law; Second, the defendant Xu was ordered to immediately delete the defamatory posts on 27 websites, including Hangzhou 19 Building and Tianya Community, and stop the infringement; 3. The defendant Xu was ordered to publish an apology letter of not less than 500 words on 27 websites including Hangzhou 19 Building and Tianya Community and the front page of Daily Business Daily to restore the plaintiff's reputation; IV. The defendant Xu was ordered to compensate for the loss of reputation and other losses1115826.57 yuan.
Instigated by the general manager of the company
Posting malicious attacks on journalists
At the critical moment when the court wanted to investigate Xu's libel crime, Xu unexpectedly told the truth to the case-handling judge-she was instructed by Zhang, the general manager of the company's exit center, to publish libel remarks on the Internet for 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 contact Zhan Jun.
20 1 1 10/On October 27th, Zhang, then the general manager of the exit center of Zhejiang International Travel Service, instructed the subordinates of the company to fabricate 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 instructed Xu to send the defamatory content to major networks such as Maopu and Tianya.
Because it was arranged by the direct superior, Xu did it one by one according to Zhang's request 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. When Zhang learned of the situation, he 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 as he said.
According to Xu and Jin's confession, on the day of detention, Zhang, the general manager of the Exit Center of Zhejiang International Travel Service, led his subordinates to the detention center and took Xu to Binjiang for dinner. During the dinner, Zhang gratefully said to everyone: "I invited Xu to come at the beginning. I'm supposed to be in detention. Xu helped the company take the blame. "
Afterwards, Xu not only won a solatium of 1000 yuan for "defaming meritorious service", but also increased his salary, and his position was promoted from the original store reception to sales manager; Jin's monthly salary has also increased by 500 yuan, and his position has been promoted from assistant sales manager to manager.
The latest interpretation of Fannie and Freddie is like timely rain.
In cases settled through mediation, the court may not pursue criminal responsibility.
Because the sentencing standard of online libel cases has not been issued, the scale is difficult to grasp, and the case once embarrassed the case-handling judge, and the trial time was as long as three years.
On September 6th, 20 13, 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 through Information Network was issued, which pointed out the direction for this case.
After the judge's unremitting efforts, the case finally ended successfully with mediation. In order to give the rumour maker Zhan Jun a chance to turn over a new leaf, after consultation, the poster Xu and the instigator Zhang each paid 654.38+10,000 yuan to compensate Zhan Jun for his reputation and other losses.
Luo Baolong believes that according to Article 2 of this interpretation, "the same defamatory information has actually been clicked, viewed more than 5,000 times, or forwarded more than 500 times" can be considered as "the circumstances are serious" as stipulated in the first paragraph of Article 246 of the Criminal Law. The number of views of libel posts in this case greatly exceeded this standard. Therefore, the criminal responsibility of a slanderer is already in the bag. "The Internet is an open communication platform, which brings a lot of convenience to modern life. However, the internet is not a tool for venting anger, and it is even more impossible to make unfounded remarks at will. Those who constitute a malicious attack, slander or slander others will bear legal responsibility and be punished as they should. "