Shulou(Shulou.com)11/24 Report--

CTOnews.com, April 23 (Xinhua) "Sydney _ Cherie", an online celebrity anchor with more than 17 million fans, said that "curiosity is bad" while carrying goods for a brand of zippers, was sued by a curious diaper brand. CTOnews.com learned from official account of Shanghai Yangpu District people's Court that the court recently heard such a commercial defamation dispute. It was finally decided that the defendant anchor published a statement, eliminated the impact, and compensated the plaintiff for losses and reasonable expenses totaling 200000 yuan.

It is reported that the Taobao live broadcast account "Sydney _ Cherie" has more than 1700 million fans, registered by Hangzhou A Network Technology Company, operated by Hangzhou B Electronic Commerce Company, and Zhu is the anchor of Hangzhou B Electronic Commerce Company. During the Singles Day holiday in 2020, Hangzhou B e-commerce company organized a live broadcast of "Sydney Singles Day for Mother and Infant". More than 14.5 million people watched the live broadcast, and there was a recommendation about "helping * pull pants" in the live broadcast. Netizens who watched the live broadcast raised the question of "curious brand cheap". Zhu, as an anchor, said, "some people say curiosity is cheap. I tell you, curiosity is not good." After the speech was made, the staff next to him immediately covered his mouth (but immediately let go). Then Zhu said, "We have compared. We have compared. When we choose every brand, we will strictly examine it. I tell you the truth." that cheap I can sell cheaper diapers, cheap is not the only standard, if you have used help * you will know, really, I have compared other diapers. That is, the permeability is very poor, water absorption is really difficult to use, or I will give you the cheapest one, saying that this is the cheapest in the network, everyone comes to buy it, but it is not easy to use. " .

Kimberly-Clark China, the brand of "Huggies curiosity" brand diapers, believes that the above remarks made by anchorman Zhu constitute a commercial slander against the company, so he took Zhu and the two companies behind him to court and asked the defendant to publish a statement to eliminate the impact and compensate for losses.

The Shanghai Yangpu Court held that Zhu, as a live broadcaster on Taobao's live account "Sydney _ Cherie", made "curiosity" during the live promotion of "help * pull pants" products and then said that "compared" can sell cheaper diapers, cheap is not the only standard. Compared with other diapers, that is, the permeability is very poor, water absorption is really difficult to use. "the above remarks play a role in the evaluation of the" curious "brand, while the word" bad "is obviously a negative review. can be extended by the audience to understand that there are deficiencies in quality, quality, experience and so on. Moreover, after publishing "curiosity is not good", the anchorman immediately mentioned that "cheap is not the only standard" and "worse than other diapers" and "very poor permeability", which can easily lead to viewers in a continuous dialogue situation. the reason for "poor curiosity" is associated with "poor permeability and poor water absorption", which can easily lead viewers to the conclusion that the quality of "curiosity" is not good. Therefore, this remark is a misleading comment on competitive products and constitutes a commercial slander.

The defendant Hangzhou B e-commerce company, as the operator of the live broadcast, is responsible for the commercial defamation of its anchor. The defendant Hangzhou A Network Technology Company, as the registrant of the account, should be aware of the risk of damage to others in the live broadcast activities, but still hand over the live broadcast account to others for use, so he should be jointly and severally liable to Hangzhou B e-commerce company. As a result, the defendant was ordered to publish a statement, eliminate the impact, and compensate the plaintiff for losses and reasonable expenses totaling 200000 yuan.

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