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A typical case of privacy right

On February 23, 65438, the Beijing No.2 Intermediate People's Court made a final judgment on the "first case of human flesh search" which attracted much attention from the media and the public. The judgment finally confirmed the fact that Zhang infringed Wang's reputation, ordered Zhang to delete the infringing articles on the website, and asked Zhang to apologize to Wang on the website he opened, and compensated Wang for mental damages and notary fees of 5,684 yuan.

Wang and the deceased Jiang were husband and wife, and they registered to get married on February 22, 2006. 65438+On the night of February 29th, 2007, Jiang committed suicide by jumping off the 24th floor of the building where he lived. Jiang registered a personal blog named "Migratory Birds Flying North" on the Internet before his death, and wrote. Two months before committing suicide, Jiang recorded his mental journey in the form of a diary in his blog, and posted photos of Wang and Dong, a woman outside the case, in his blog, arguing that they had an improper sexual relationship and their marriage failed. Jiang's blog diary shows her husband Wang's name, work address and other information. Before his first suicide attempt on February 27th, 2007, Jiang told a netizen the password of his blog and entrusted the netizen to open the blog after 12 hours.

65438+After Jiang committed suicide by jumping off a building on February 29th, 2007, Jiang's netizen told Jiang's sister the password of his blog, and then Jiang's blog was opened. Zhang is Jiang's college classmate. After learning of Jiang's death, Zhang registered a non-profit website with the same name as Jiang's blog, namely "Migratory Birds Flying North" on June 5438+1October1. On the homepage of the website, Zhang introduced the website as "a place to pay homage to Jiang and seek justice for Jiang". Zhang Hejiang's relatives and friends have published articles online to commemorate Jiang. Zhang also linked the website with Hehe ... On June 5438+ 10/0, 2008, Jiang's blog diary was read by a netizen and forwarded to Tianya. Com, and then forwarded to different websites by other netizens. After Zhang's "Migratory Birds in the Northland" website was opened, articles about Jiang on the website were constantly reprinted and disseminated. Jiang's death, Wang's "extramarital affairs" and other plots have aroused many netizens' long-term and sustained attention and comments.

Many netizens believe that Wang's "extramarital affairs" behavior is one of the reasons for Jiang's suicide; While participating in the comments, some netizens launched a "human flesh search" on Tianya and other websites. Personal details such as Wang's name, work unit and home address are gradually disclosed; Some netizens named Wang on the Internet; Some netizens even harassed the residence of Wang and his parents, and wrote and posted slogans such as "Unscrupulous King", "Forced Prostitution" and "blood out" on the wall in front of Wang's house. Until the trial of this case, there were still a lot of comments from netizens on many Internet websites. Wang believes that some articles published on the website of "Migratory Birds in Beifei" disclose his "extramarital affairs" and personal privacy such as his name, work unit and address, which contain insulting and defamatory contents and infringe on his right to privacy and reputation. Therefore, the prosecution demanded that Zhang immediately stop the infringement and delete the infringing information, restore his reputation, eliminate the influence, apologize, and compensate the economic loss and mental damage for more than 50,000 yuan.

The Second Intermediate People's Court held that citizens enjoy the right of reputation according to law and their personal dignity is protected by law. During his marriage with Jiang, Wang had an affair with others. His behavior violated the laws and regulations of our country, violated social public order, good customs and moral standards, and made Jiang suffer great mental pain, which was one of the factors that led to Jiang's suicide. Wang's above behavior should be criticized and condemned. However, it should be pointed out that criticism and condemnation of Wang should be carried out within the scope permitted by law, and his privacy should not be disclosed or publicized, otherwise it would constitute infringement. As a college classmate of Jiang, after Jiang committed suicide, Zhang established the website of "Northern Migratory Birds" for the purpose of paying homage to Jiang and attacking Wang's infidelity, and disclosed Wang's name, work unit, home address, photos and "extramarital affairs" with others to the public on the website, and expanded the scope of Wang's private information to an unspecified public through links with other websites. It has played a considerable role in promoting and promoting the improper behavior of relevant netizens in launching a "human flesh search" against Wang, insulting Wang and harassing Wang and his parents' normal life, seriously interfering with Wang's normal life and causing Wang's social evaluation to be significantly reduced.

As the administrator of the website "Migratory Birds in the North", Zhang failed to fulfill his due management responsibilities. The act of revealing Wang's personal privacy has constituted an infringement of Wang's reputation right, and Zhang should bear corresponding civil liability. Zhang believes that Wang has no right to privacy for his immoral behavior, and his disclosure of Jiang's suicide is in the public interest, does not constitute an infringement of his reputation, and lacks legal basis. This court will not accept this letter. In addition, although relevant evidence can prove that before Zhang started the website of "Migratory Birds in the North" on June 5438+1October 65438+1October 0, 2008, some netizens had disclosed the process of Jiang's suicide on other websites, during which Wang's personal situation had been disclosed, but it should be pointed out that others disclosed Wang's personal situation. Others have revealed Wang's personal information before. Zhang does not agree to bear the tort liability, on the grounds that other websites disclosed the incident before the "Beifei Migratory Birds" website, and the relevant information is no longer private. There is no legal basis and the court will not accept it. The court of first instance found that Zhang had infringed Wang's right of reputation, the facts were clear and the applicable law was correct, and the court upheld it. On this basis, according to the fault of both parties and relevant specific circumstances, the court of first instance appropriately reduced Zhang's liability for compensation, ordered Zhang to delete three infringing articles and related photos, ordered Zhang to apologize, and ordered Zhang to compensate Wang for the corresponding mental damages and notary fees as appropriate, and the court also maintained it. The above judgment was made accordingly.

With the fall of the hammer of the presiding judge, this network infringement case, which was widely concerned by the media and the public, finally settled. The judgment of this case reminds people that China's civil law stipulates that natural persons have the right to privacy, and the law protects individuals' private information, private activities and private space from illegal infringement. Personal privacy on the Internet is also protected by law. Citizens must exercise their right to freedom of speech without infringing on the legitimate rights of others, and avoid the adverse consequences of infringing on others' privacy and reputation rights due to their improper behavior.