first instance judge: friends say something outrageous, radical speech is normal. Comments on the network have a certain
second trial judge: the case of the decision to establish rules to protect citizen's right to free speech.
Although the verdict is not the same, but the second trial of first instance judges are exploring the boundaries of free speech microblogging with law and order to safeguard citizens' freedom of speech.
8 25, when the public called the first time in judicial practice.
Zhang Xiaoxia in the second trial the verdict the judge wrote: content, but also often played a positive role of public opinion. Therefore, the second trial the judge said, ruling the case,
However, the micro-expression is a boundary. The case is to define the boundaries of freedom of expression on the micro-Bo. conflict after another. In particular, some influential
One of the parties to Hong Zhou (microblogging), is the IT industry celebrities, other security software Beijing Kingsoft Co., Ltd. (hereinafter referred to as Jinshan), is well-known enterprises in the IT industry. May 25, 2010 to 27 during the day, Hong Zhou Bo, respectively, in Sina, Sohu and Netease microblogging microblogging, firing dozens directed at Jinshan microblogging. Subsequently, Hong Zhou Jinshan to court,
moncler children, to identify its micro-Bo,
discount moncler men vest, there are more than 40 article, the designated media public apology, take 12 million yuan in economic losses and notary costs.
Hong Zhou defendant argued that he was Therefore ask the court to dismiss the plaintiff's claim.
March this year, the Beijing Haidian District People's Court issued a first instance verdict, to support part of the plaintiff's claim. Hong Zhou lost, 20 should be deleted micro-Bo, and publicly apologized, borne, including notarial fees, including economic loss was $ 80,000. After the first trial, both sides appealed. Final verdict is, just delete two micro-Hong Zhou Bo, Jinshan compensation of $ 50,000. Other blog content
A judge said.
remarks on the network have a certain According to statistics, during the first half of this year, nearly two hundred million Chinese microblogging users.
March this year, artists from Taiwan and mainland businessmen large S Fei Wang wedding in Sanya. Reporters can not enter the scene, but the number of guests through to it, live it to the wedding, including the well-known IT professionals Zhang.
Later, the protagonist of the wedding to Charles Zhang by the law firm issued quickly, the other side without authorization, candid wedding photos will be passed on Sohu microblogging, violating the subject's privacy, reputation, image rights, to demand a public apology.
but in its micro-Bo Zhang said in a statement: improper because it constitutes a microblogging reputation of speech infringement, the court proceedings.
in the hubbub of the This information, in medicine Qing Wei seems, there are
similar things as well. Network the right to freedom of expression and the conflict between reputation has become increasingly acute.
Earlier this year, the Beijing Haidian District Court as a Li Ying involved in the project, and the author of the subject.
statistics found in the first three years, the Haidian District Court received a total of new cases of 29 media personality infringement, but the next five years, the number of cases increased to 168, the last five years, the increased 286.
emerging online media (including the blog, microblogging, mobile,
christian louboutin pumps, QQ, MSN, etc.) the proportion of tort cases also on the rise. Since 2005, the emerging online media infringement cases in the year 2000 the proportion was only 17%, rapid increase in the next five years to 29%, nearly five years,
Moncler, then increased to 72%.
The study also found that the infringement case in recent years, the media presents a new feature: the blooming of Internet infringement case, the parties appeared limited by other freedom of expression rights. Many cases, plaintiffs often against them on the website taken down after the withdrawal of the Comment article.
filing the standard of review, litigation may be pressure on the parties by the media, public opinion and challenge citizens to give up the right to criticize the risks. In this case, the alleged cool 6 Youku open comments area on the site, and keep some for Youku's
In his ruling, the Full Court did not support the request made by the company Youku Cool 6 related company remove users comments, and to bear tort liability claims. Unless Youku's
verdict also wrote: should have a certain tolerance and capacity. network development is conducive to the dissemination of information, freedom of expression in line with the trend, take a relatively lenient rule.
This is the Ying to pursue. She argued that the network's remarks should be taken in a relatively tolerant attitude.
to find a balance
from the start, a second trial, the judge was looking for freedom of speech, media, public opinion and the right balance between the right to reputation.
write writing in her share of and freedom of speech, media, public opinion of the right balance
to her deepest feelings in the last century, Haidian District Court heard the case of a computer company, consumer complaints.
1997, the defendant purchased a Wang Hengsheng brand notebook computers. Wang maintenance costs due to disagreement with the computer company. Wang failed several times to discuss the statement, published on the network will He has also set up a network called
then Wang in an interview with reporters, listing the drawbacks Hengsheng laptop. Hengsheng Wang and media company has to its reputation against the right to sue.
case by the Court of First Instance, Haidian District, Beijing First Intermediate People's Court of second instance. After the second trial of first instance, Wang are lost.
case the outcome of the trial immediately drew some negative reviews, that the two courts would
Therefore, in the face of new media, the judicial practice of infringement, Ying try to avoid their becoming She wrote in the report: After Ying access to a wealth of information, on several occasions and his colleagues, students, teachers, etc. were discussed. She also uses her screen name registered to it, and view information about microblogging.
finally she found a
the Li Ying, wrote in the verdict: first it should be noted In the micro-Bo, when a conflict of interest with others, freedom of speech, should be a or may lead to specific consequences be judged.
China University of Political Science Associate Professor Zhu Wei, Li Ying has been discussed several times. Zhu Wei has been engaged in research on network infringement. In the verdict issued, Zhu Wei appreciates its decision on several occasions to find a right to freedom of speech and the balance between the right to reputation.
to the right will hurt the other rights of citizens.
Zhang Xiaoxia second trial the judge also registered a microblogging this account, to understand the dynamics of microblogging. The judge had also several times and communicate with colleagues, trying to find balance. The judge said the proceedings before the Full Court, also seeks to avoid the freedom of speech is hindered.
microblogging is a good thing
microblogging from birth, to mixed.
from Zhu Wei commented that this However, he also noted that
However, the trial
in the final verdict, the judge wrote: Bo to become mutually abusive space, otherwise there may be others for all the violations of microblogging.
micro-Bo Li Ying also see such a positive force. She also wrote solemn verdict: more intense, corresponding to grasp the scale of their freedom of speech is also wider. A law professor at the China Youth Daily reporter, said: He said:
to Ying pleased that this case has been brought by the Beijing University to develop a teacher's classroom on the future of law. Share: microblogging Recommended | SAN official microblogging
相关的主题文章：
Nvwang rescue accident victims continued Police s 50,000 prizes in Lottery tickets continued to pros 200 of a joke !
