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

CTOnews.com August 30 news, CTOnews.com learned from the "Shanghai High Court" official account that the Shanghai Pudong New area people's Court recently concluded a reputation dispute caused by posting an emoji "joke" on WeChat group. Mr. Wei, the plaintiff, complained that the defendant, Mr. Yuan, made his photos into emojis containing insulting words without his consent and posted them on several WeChat groups, damaging his reputation. Mr. Yuan argued that the two were friends and were only jokes and meant no harm. The court held that Mr. Yuan's behavior had exceeded the reasonable limit and constituted an infringement on the right of reputation, and ordered him to delete the meme and apologize to Mr. Wei in writing.

It is reported that Mr. Wei and Mr. Yuan became acquainted with each other through joining the single WeChat group and participated in entertainment activities offline for many times. One day, Mr. Yuan made a photo of Mr. Wei into an emoji package with the words "Flower Girl Didi work", which was posted on three WeChat groups shared by both sides. Mr. Wei was unhappy and immediately replied to "get out" and "beware of the defendant" in the group to express his dissatisfaction, and sent a private message to Mr. Yuan asking him to delete and apologize. Mr. Yuan ignored his unhappiness and stopped him, and refused to apologize. Mr. Wei then sued Mr. Yuan to the court.

The court held that the defendant made emojis containing the portrait of the plaintiff without the consent of the plaintiff and added insulting words; although the defendant was not found to have released emojis out of obvious subjective malice, when the joke caused obvious discomfort to the other party, the joke has exceeded the reasonable limit. After the plaintiff has clearly raised the objection, the defendant should apologize in time and withdraw the meme, but the defendant still holds an indifferent laissez-faire attitude, which is inappropriate. Accordingly, the court ordered the defendant to delete the meme and apologize to the plaintiff in writing.

After the case came into effect, in the course of execution, the WeChat group involved in the case was dissolved and the defendant made a written apology to the plaintiff.

The judge reminded the public that in the Internet era, spiritual personality rights such as the right of reputation are vulnerable to infringement. As a joke, you should grasp the word "degree". Once it exceeds the reasonable limit, it will lead to the discomfort of the other party, which is disrespect for the other party, and may also constitute an infringement of the right of reputation. The infringer needs to bear the corresponding legal liability for this, and "joking" can not become the "gold medal of exemption".

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