"Human flesh search first case" sentenced to two sites gift lose money

Unable to withstand the husband's infidelity, female white-collar dedicated from the 24-storey home in a leap to end their lives. Then her blog was opened, a record of her suicide two months before the journey and expose her husband Faye Wong extramarital affairs in the Internet world caused a stir, the protagonist Faye Wong encounters "human Flesh search", personal information is gradually disclosed, netizens catharsis also gradually from the network world of abuse evolved into a real life of violence.

Yesterday, there is "human flesh search first case," said the "Faye Wong v. Three sites" case, the verdict, the court sentenced to "North flying migratory birds" website and banner network constitutes the right to the privacy and reputation of Faye Wong infringement, Tianya network was sentenced to exemption.

　　Suicide Female white-collar blog initiates human flesh search

December 29, 2007 night, the female white-collar dedicated from the building of their own 24-storey suicide by jumping to death. Dedicated a personal blog called "Flying Migratory birds" on the web, and wrote. In the two months before committing suicide, dedicated closed his blog, but has not interrupted blogging writing. Dedicated blog in the diary form of the two months before suicide, her husband Faye Wong and the case of female east of a photo posted in the blog, that two people have improper relationship between the sexes, their marriage is very failure. In the diary, dedicated detailed records of her husband Faye Wong's name, work unit, address and other information.

December 27, 2007, dedicated in the first suicide, the password to his blog to tell a Netizen, and commissioned the Netizen in 12 hours after opening the blog. December 29, 2007 dedicated jumped off the death of suicide, dedicated netizen will blog Password told dedicated sister Jianghong, Jianghong will dedicated blog open.

Dedicated's university classmate Zhang learned that dedicated died, registered on January 11, 2008, the non-profit site, the name and dedicated blog name is the same, that is, "North flying migratory birds." On the website, Zhang, dedicated's sister and friends have published a memorial dedicated articles. Zhang also link the website with Tianya, Sina network.

In the site opened the day, Zhang published the first memorial dedicated article "rejoices", the article according to dedicated sister oral finishing. In the front of the article, Zhang wrote: "The message here is open, not like the end of the earth where the post"; the person who introduced the event wrote: "Dedicated: Because the marriage appears third party and cannot withstand the husband and the husband family repeatedly blows, on December 29, 2007 23:00 chooses the girl who commits suicide Faye Wong: Dedicated's husband ... "and wrote:" Faye Wong admitted that his family had seen the east, and the east also live in his parents home, his parents also called East is a lovely little angel, "when she received a message from Faye Wong's father, suddenly emotional rise ...", "Wang Fei's father also kept calling to come ... Then they had three or four calls between them, his father has been to shirk, dedicated behaved very manic.

Zhang also will dedicated blog Faye Wong and the east of a photo in the text again paste, will Faye Wong and dedicated address, Wang Fei's work unit name and address of the disclosure, described dedicated sister Jianghong experienced dedicated two suicide behavior and death of all the details and process, Expressed an extreme dissatisfaction with Faye Wong and her family.

After dedicated's blog diary was opened, the banner network opened a special page called "The last blog Diary of MM, which jumped from the 24 floor to suicide," and the topic will be collected on the other sites of the dedicated death story and the banner network link. At the same time, the Great banner network interviewed the parties concerned and published the accounts of the interviewees in the topic.

Some netizens at the same time participate in the commentary, in the Tianya network and other websites launched to Faye Wong's "human Flesh Search", the detailed personal information such as Faye Wong's name, work unit and home address is gradually disclosed; some netizens have named Faye Wong on the internet, and some netizens have written on the walls of Wang's door and posted "No Liang Wang Jia", "Forced death of the virtuous Wife", "blood" and other slogans. Faye Wong's work unit also decided to let Faye Wong and the east temporarily stop working.

　　True identity was disclosed three website defendants

Faye Wong believes that the 3 sites did not verify the relevant situation published articles, to his and his family's work and life caused a very bad impact, so the website to court.

"Faye Wong because of infidelity, leading to his wife dedicated suicide, I am the matter of the statement and evaluation, is the law of the rights conferred upon citizens." The migratory bird website of the North does not constitute the infringement to Faye Wong's right of reputation. "Zhang said in court. He believes that its management of the site conforms to national laws and regulations. Wang Fei's social evaluation is compatible with its immoral behavior of marital infidelity and has no causal relationship with the articles published on the website.

The banner network also believes that there are statements from different positions in the topic, as well as in the legal, psychological intervention, and other aspects of the commentary, is objective and impartial, there is no fabricated facts and slander, slander Wong's reputation content. Faye Wong to dedicated suicide of the incident took an incorrect attitude, showing the indifference to the deceased, the causal relationship is due to Faye Wong's own behavior caused.

Tianya Network said that the online information is posted by internet users, not the company released, Tianya network should not be the defendant in this case. Wang Fei before suing the website promptly deleted Tianya related to Faye Wong personal information articles, has fulfilled the regulatory obligations, there is no fault, should not assume tort liability.

　　The court sentenced two websites to infringe a website to appeal

After the court thought, Zhang based on the relationship with dedicated classmate, aware of the fact that Faye Wong has an "extramarital affair", Zhang, after dedicated's death, not only revealed the incident as "the migratory Bird of the North" website, but also linked the site to other websites, expanding the spread of the fact on the Internet, To make the public aware of the unknown, Zhang's behavior constitutes a violation of Faye Wong's right to privacy.

At the same time, the disclosure of Zhang not only seriously interfered with Faye Wong's normal life, but also made Wang Fei's social evaluation significantly reduced. There is a direct causal relationship between the occurrence of this kind of infringement and the disclosure of Zhang, therefore, it should be found that Zhang to disclose the privacy of Faye Wong caused the infringement of Wang Fei's right of reputation.

and the banner network on the site to set up special pages, investigation and visits, the disclosure of the true identity of the parties, the Web page and other sites linked to expand the event on the Internet spread, so that the public can not be specific to know, the same violation of Faye Wong's right to privacy and reputation.

Tianya network due to the timely deletion of the personal information related to Faye Wong, does not constitute the right to privacy and reputation of Faye Wong infringement.

By this decision, Zhang and Banner network registered company Beijing Lingyun Interactive Information Technology Co., Ltd. to Wang Fei Bear tort liability. The two defendants delete the North fly migratory birds and the banner of the two websites of the relevant articles and photos, the home page to publish the apology letter, and respectively compensation for Wang Fei, the spirit of the relief of 5000 yuan and 3000 yuan, plus notarization fees, Faye Wong total compensation for 9367 yuan. Zhang said it would appeal.