Encounter media reports do not report small and medium sites to share rights

Intermediary transaction SEO diagnosis Taobao guest Cloud host technology Hall

With the popularization of Internet-especially the rapid rise of e-commerce, various irregular services and even cheat illegal incidents on the Internet, Internet and electronic commerce have become the focus of continuous attention of domestic news media. It should be said that the domestic news media on the network and electronic commerce, the constant attention to the report on the entire domestic network order and the Internet industry norms have a positive significance and role. But some media reports when the early interview work is not meticulous, the report published (broadcast) when not strict control, news exposure to small and medium-sized enterprises site incidents occur. It is self-evident that such false reports have great lethality for small and medium websites.　In the face of such accidental injuries, how can small and medium-sized websites be "reasonable, there is a basis, there is a section" to maximize their rights and interests? The following combination of last year I personally disposed of a case to communicate with you.

Last April, I was invited by a specialist hospital in Kunming to serve as an Internet marketing consultant for the hospital. At the end of April, a hospital network consulting physician on the Internet to see a well-known domestic TV news program accidentally found in the television to fight "network medical care" in the news, the map is my Service Hospital website Consultation dialog box (the program hidden to the hospital name, Telephone, but the hospital address, the city transfer bus routes, feature services are clearly visible, you can clearly identify the hospital is my hospital. And, the program host said these bad hospitals so-called network consulting physicians are irrelevant professional graduation students posing as experts, the purpose is to pull more patients admitted to the hospital to cheat money, make black-hearted cash.

At the end of the program, the host called on the state authorities to focus on the "unscrupulous hospitals" that defraud money. It is not difficult to imagine, as a national authorities approved the establishment of a network of illness advisory qualifications of private hospitals, in the case of illegal operation has been such a false report, the whole hospital from the top to the next strong response, passionate.

The hospital leader asked me how to deal with it, I said, although this is not a hospital target market in the television coverage, the current impact on the hospital is limited; but because the other side as the domestic well-known satellite TV, and this program video has spread to more than 10 authoritative websites, although there is not much adverse impact, but if not in time to deal with, In the future by some competitors malicious use, to the time is "yellow mud fell in the crotch, not excrement is also excrement", must be dealt with in a timely manner. The hospital commissioned me to take care of the matter at last. After a few days, I in addition to the Internet query, but also through my Chongqing as a lawyer of the beautiful students small black skin and Kunming I know how to solve the problem by legal means.

Little black girl told me according to the 120th and 134th of the current general rules of civil law, the news reporting behavior of a TV station which has no factual basis can be identified as infringement of the legal person's reputation right, but the general rules of civil law stipulate that the legal liability for infringement of legal person's right of reputation is "cease infringement, restore reputation Eliminate influence, indemnity apology, compensation loss. She specifically reminded me that in order to claim financial losses first you have to prove your economic loss items and quantity (legal person without compensation for mental loss), this is estimated that your hospital is difficult to do, and to ask the other party "compensation" is also difficult.

She said the case may require "stop the invasion, eliminate the impact" more realistic. Of course, "compensation apology, restore reputation" must be mentioned, but this is only to better achieve "stop the invasion, eliminate the impact of" the purpose of the momentum. The purpose of "cessation of infringement and elimination of influence" is clear, and does that mean that it is achieved directly through the form of prosecution?

Another lawyer friend told me that if the direct prosecution, because the network video is easy to lose the network evidence, must first go to the notary office to do "evidence preservation notarization", not only expensive, cumbersome procedures, and such evidence is ultimately the court to adopt the letter or problem. He suggested that he should first express his ideas to the other party in the form of a corporate challenge letter. The benefits of doing so are as follows:

Show their understanding of the good intentions of the other side of the story, so they are willing to low-key consultations to resolve the sincerity of the matter, if the other party attaches importance to admit their mistakes. This thing can be solved, without the lengthy litigation costs (time and money costs), you can easily achieve their goals.

If the other side of the letter, do not recognize the matter, but he withdrew, deleted the relevant video, this situation has basically reached the "Stop the invasion, eliminate the impact of" the main purpose. At this time again send a business statement to each other, show their affirmation and attention to each other's behavior, once again affirmed their position, can also Jankin.

If the other person's reply refuses to acknowledge the infringement, also refuses to correct, the argument, then the article justifies the existence of a variety of loopholes, we can seize as evidence; and more importantly, if he does not correct and do not delete the relevant video, then we do online video evidence preservation of the notarization is not too late.

If the other person does not care, then we have done humanly, when I did the evidence of network video preservation notarization, not only directly to the civil lawsuit, but also directly through the media exposure, the event marketing, publicity themselves how to endure not hair, low-key coping, win the broad sympathy of society, to small broad, to achieve momentum , promote their own, the purpose of shaping the brand.

In fact, from the very beginning of this thing I thought: this is certainly not a good thing, but as long as the operation is good, bad things can become good.

Yes, you're the media giant, I am just a "pure and all" of the Unknown private hospital site, but I will pass this matter let you remember me this small hospital-the ultimate goal of network marketing is to build brands, and to build brand first is to pass a variety of opportunities are not opportunities to seize the people with social influence ( Including the higher profile TV people, so that they recognize the value of your business, product services.

In short, it's a great opportunity to turn bad things into good things-not just negative extermination, extinction, but also a great opportunity to build brands and promote websites.

Those days can be really tired! One day with a lawyer to discuss the drafting of enterprise query letter and related accessories--enterprise license, hospital qualification copy, network condition Consulting business qualification Copy, a copy of various media reports (with the Web site), including the network condition consulting business development situation, the hospital introduction, the other argument put facts, An instrument refuted.

It turned out to be a surprise that my stuff was sent out only one day and the caller called me on the phone, admitting that there was a problem with the report. I not only put forward the "delete all the video on the Internet" (stop infringement, eliminate impact) requirements, but also the opportunity to further put forward if there is suitable for the other side of the news report, conditions permitting, I hope the other party can give appropriate reporting requirements.

The other party immediately answered. A week later, all the videos on the Internet were deleted. At this point, the matter cost less than 700 yuan, completely buttoned up. After the smooth settlement of the matter, I have a few thoughts:

First of all, for the vast majority of the small and medium-sized enterprises do not employ legal advisers, the first thing to do is not to panic, do not casually find a lawyer to consult, to find a reliable and no direct interest in the relationship of lawyers, such as the case I deliberately roamed to find a university classmate counseling. Otherwise, the cost of the money will eventually be wasted.

Secondly, just now said that the solution to such things must be "reasonable, justified, there is a section," reasonable "is required to comply with the relevant legal provisions," there is evidence "is consistent with the relevant provisions of the law," a section "is moderation, not only to the purpose of clear, to choose the most appropriate solution to the problem, the attitude must be tough, but also face reality, There is room for flexibility. After all, the other is the domestic well-known strong media, the final results can be accepted by both sides, do not lose face on the line, with the Kunming word is "needle passable, line over", back a step brighter.

Thirdly, the example I have given above is not to cause a large economic loss (in the face of the court injured party can not be able to provide evidence of consequential loss due to the tort action) under the premise of the way of dealing with problems. For those small and medium-sized enterprises that have suffered heavy economic losses due to false reports (especially when the losses are growing), I suggest that the first time to consult the relevant lawyers, the easily lost video evidence and other "evidence preservation notarization", while paying attention to the collection of relevant evidence, do these work immediately after the negotiation with the other party, Even a direct lawsuit is a better way.

Of course, the more realistic negotiation (litigation) purpose in this case becomes the "cessation of aggression, the elimination of impact, compensation for loss," restore reputation, indemnity apology "must also mention, but also can be waived the purpose, as long as the above more realistic negotiations (litigation) to achieve, you can consider giving up.

Finally, it must also be stressed that I mentioned above the crisis PR method, only for those who have been filed, engaged in legitimate business projects and have the relevant industry qualification, the operation of the illegal business (or individuals), certainly does not include engaged in a variety of private, gambling, pornography, sale of fake business (personal) website ( This article from the original SEO Yunnan first, copyright, Wenzing, reprint, please indicate the origin of the link form http://www.gouyn12.com/gouzz/204.html).