White-collar Death blog Case Two website compensation derailed husband

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Earlier this year, a woman named Fei in her blog to record her husband's extramarital affair after the suicide, the incident has caused a sensation on the internet, netizens even issued a "network of posters", wanted the young woman's husband.

Yesterday (18th), Beijing Chaoyang District Court of Fei's husband to sue the relevant web site infringement of their reputation rights of the case to make a verdict, the two sites were convicted of infringement.

Earlier this year, Fei, a 31-Year-old man who had recorded her husband's infidelity on his blog, jumped from his 24-storey home to commit suicide. After Fei's death, her blog was posted to major internet forums. And netizens are launched "human flesh Search", will Fei husband Faye Wong and third party "Oriental" personal information published in the public. Since then, the storm in the network intensified, netizens to Faye Wong's home address, work units, private telephone and a series of personal information published online. Under pressure from the public, January 11, 2008, Faye Wong's company issued a statement that the company decided to suspend Faye Wong and the alleged third party female colleagues work. Subsequently, Faye Wong to the Court v. "Migratory Birds of the North", "banner Nets", "Tianya online" three of the relevant web site reputation infringement, the site to stop infringement, apology, and compensation for loss of wages and mental damage a total of 135,000 yuan.

In the trial, Wang Fei's acting lawyer said that as the defendant's three websites, in the article published in said Fei was forced to die by the plaintiff, because the wangs ' attitude is slow to bury and so on, these are distorted fact, is to slander the plaintiff.

Plaintiff Agent: Fei father said, is not necessarily true.

What Faye Wong thinks is not true, basically from the FEI sister's article, and in the accident, Fei's sister will all the articles of remembrance published in the "Northern Migratory birds" This site, the banner network also produced a special topic, show the progress of events, and FEI sister and some of the articles made a link.

North Flying Migratory Bird website agent: "The plaintiff because the marriage is unfaithful, causes the wife Fei to commit suicide, to the above incident carries on the statement and the appraisal is the law to give the citizen the right, does not constitute to the plaintiff reputation right infringement and the character appraisal." ”

China "Internet Information Service Management measures" and "Internet electronic Bulletin Service Management provisions" stipulates that Internet Information service providers should provide users with good services, and ensure that the content of the information provided is legal. No person shall publish in an electronic bulletin service system any information which includes insulting or slandering others or infringing upon the lawful rights and interests of others. When an electronic bulletin service provider discovers that the information in its electronic bulletin service system appears to be clearly in the above mentioned content, it shall immediately delete it, keep the relevant records and report to the relevant State authorities.

The court believed that the North flying Migratory Bird website Administrator Zhang, the big banner net two defendants, by discloses Faye Wong the privacy the way has caused to Faye Wong the reputation right infringement. The two defendants respectively ordered the first page of their website to be published to the plaintiff Faye Wong's apology letter, at the same time, respectively, compensation for the plaintiff Faye Wong spiritual damage soothing gold 5,000 yuan and 3,000 yuan.

Another defendant Tianya network in the case of Wang Fei before the relevant articles and corresponding replies deleted, has fulfilled the regulatory obligations. In view of the wide, rapid, real-time, casual, interactive and other characteristics of the Internet, Tianya's deletion of such a post is in accordance with the relevant provisions, the Court does not constitute a tort.