The defendant in the video "Girls studying in France are all Pan Jinlian" wants to sue the video forwarder.

(Reporter Chen Bo) Recently, a video of "All the girls studying in France are Pan Jinlian" was circulated on the Internet, and Zhang Haixia, the protagonist in the video, was brought to court.

Yesterday, Beijing Fiona Fang Zhonghe Training Technology Co., Ltd. and Beijing Haidian Zhonghe Training School (hereinafter referred to as Zhonghe Training) sued Zhang Haixia for infringing the company's reputation right, and held a court session in Changping Court.

The plaintiff claimed that Zhang Haixia fabricated in his blog that the plaintiff was the behind-the-scenes producer of the video upload of "Girls Studying in France", accused the plaintiff of tax evasion and infringed the plaintiff's reputation right, and demanded compensation of 6,543,800 yuan.

The agent said that Zhang's remarks were well-founded and did not constitute infringement.

The plaintiff denied buying the freight forwarder.

During the trial, Yuan told me that the defendant was an examination tutor and had a cooperative relationship with the plaintiff. Last March, after the two sides were hostile, the defendant attacked the plaintiff's reputation through Weibo and blogs. In the video: Zhang Haixia condemns neutralization and breach of contract, and fraudulently uses his own name to cheat candidates to register! ! ! "and other blog posts and videos, he admitted to teaching for the plaintiff's subsidiaries, affiliated companies and educational institutions, but did not admit that there was a cooperative relationship between the two parties.

20 1 1 In August, Weibo of Sina blogger "Paris Watch" appeared the video intercepted by Zhang Haixia in the judicial examination training class. In the video, Zhang Haixia said that all the girls studying in France are Pan Jinlian after returning to China. Subsequently, this Weibo was forwarded by blogger Yu (a researcher at China Academy of Social Sciences). Later, when people were discussing Zhang Haixia's remarks, Zhang Haixia posted another blog, blaming the above-mentioned video events circulating on the Internet on the collusion between Zhonghe Training and others, claiming that Zhonghe Training bought off scholars Yu et al.

The plaintiff claimed that, in addition, Zhang Haixia published a blog post saying that the plaintiff did not issue invoices, issued false invoices and other acts, and the amount of tax evasion was huge.

The plaintiff believed that Zhang Haixia fabricated the facts, which seriously damaged the plaintiff's reputation, and sued Zhang Haixia to delete all the infringing remarks, publicly apologize, and compensate for the loss of 6,543.8+0,000 yuan.

The defendant emphasized that all statements were based on facts.

Zhang Haixia's agent said that Zhang Haixia only taught in three affiliated schools, but the plaintiff publicized that the defendant would teach in other schools, fraudulently used his own name to defraud candidates, and used the defendant's portrait in the enrollment promotion. The defendant's article is a personal statement based on the information he has, and there is no intention to insult, slander or slander the plaintiff. As for "suspected tax evasion", it originated from a student reporting to Zhang Haixia. If the plaintiff cannot prove the rationality of tax payment, the defendant may apply to the court for investigation.

The agent said that according to the provisions of the judicial interpretation of the Supreme Court, "the problems reflected in the articles are basically true because of the disputes over the right to reputation caused by writing and publishing critical articles, and there is no content that insults others' personality, which should not be considered as infringement of the right to reputation". Because Zhang's remarks are well-founded, there is no infringement on the plaintiff's reputation right.

The two sides failed to reach a mediation in court, and the judge did not pronounce a sentence in court.

■ background

The defendant wants to sue the "video" forwarder

In August this year, the netizen "Paris Watch" posted a video showing that Zhang Haixia said in the remedial class: "I have heard of several such things. All the girls who came from Chinese mainland to study in France were rotten after coming back. Super Pan Jinlian is. " The Weibo was forwarded by Yu, causing concern.

Zhang Haixia responded through Weibo and his blog. He just told a vulgar joke to hundreds of students in a small classroom and made fun of a social phenomenon. In order to clarify a legal knowledge point, he didn't hurt anyone. This belongs to the act of creating non-verbal works, which are copyrighted and not made public or published, but the video was maliciously taken out of context.

Zhang Haixia said in his blog that Yu expanded the case, maliciously damaged the reputation of others, and made the obtained false information public to deceive the public. He will sue Yu for violating his reputation and copyright.

Yu replied in Weibo that "Dr. Zhang called me brainless and said that he would go to court to sue me ... Is this video synthetic?" Haha, scared me to death! "