<br>[Core reading]<br> <br>Sichuan a network company and three employees terminate the labor contract, in its subordinate website forum post, publicly dismissed staff photos and personal information and publish reasons for dismissal. Three were dismissed former employees that the company's actions violated their reputation, resulting in a very bad social influence, paper petition "old club" court. Recently, Sichuan Yibin City People's Court held a public hearing of the case, finds that the defendant is the original posting violations of the company's reputation and privacy of the plaintiff, shall stop the infringement, a public apology,scarpe hogan outlet, to restore the reputation of the plaintiff, eliminating the effects.<br> <br>June 29, 2011, on a website called "Yibin pickle Forum Online Community", the emergence of a the "About dismissal HeMou, Luo et al causes" a signed article, signed by precisely for this site. " superior "- still travel network media. In this article, still travel network media published some examples and materials, and wrote: "? The above facts evidence, on the merits by the Honourable judge, so you hire people you dare" was dismissed employee's name, address, Photos and once held positions in the company are to be made public, the quote was the site not only "Global Top" and the day were highlighted.<br> <br>"This post is to slander, defame us and reduce our social evaluation and hype popular forum." According Hemou expelled employees, as of at 13:00 on July 19 2011, the quote has been 13,978 visitors browse,louboutin soldes, and 207 people participated in the discussion,http://store.shopping.yahoo.co.jp/mamapan/61000095.html, they do this often insomnia, painful. Not only that, the quote hinder the plaintiff's re-employment,scrape hogan, have hired some of the original intention of the units due to scruples and choose to give up, causing the plaintiff to suffer economic losses. Thus,http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=99&page=",moncler pas cher, the plaintiff requested the court to order the defendant to immediately stop the infringement acts reputation plaintiff, a public apology to the plaintiff, to eliminate the impact of rehabilitation, and compensation for damage to the reputation of the plaintiff expenses, mental damage costs and economic losses totaling 10,000 yuan.<br> <br>The defendant argued, the company has not been an executive in the company under the authorization of the release of the net posts, posting behavior therefore has no direct relationship with the company, should not be held liable by the company. At the same time, the defendant said that can provide sufficient evidence to prove the case net posts basically true, and therefore did not abuse the plaintiff's reputation.<br> <br>In this regard, the Court held that the issue of whether the defendant to respond to post liability, is not whether the person actually made the post authorization defendant, but rather whether ordinary readers reason to believe that the release of the quote is the company's behavior. In addition, the net posts published in the appropriate language is sufficient reason for dismissal, layoff without further publication of name, address,http://store.shopping.yahoo.co.jp/gion/b-3452.html, photo, and issued a "dare you hire such a person do?" Comment, the act has clearly gone beyond the clarification the fact that the scope of the elimination of misunderstanding, resulting in lower social evaluation of the plaintiff.<br> <br>Thus, the court based on the Tort Law Article 36, first paragraph, "Internet users, Internet service providers use the Internet against the civil rights of others, shall bear tort liability" that the defendant as a public network platform for building operators , should assume the responsibility to advocate network civilization, not to the "evidence" and determined that language publishing unconfirmed information to the public, posts and should not contain personal attacks, but should not contain the plaintiff's photograph, address and other private information,http://store.shopping.yahoo.co.jp/topism/s-tops-20.html, posting behavior that violated the plaintiff's reputation and privacy.<br> <br>[Comment] Cases<br> <br>Can not exceed the scope of the exercise of private rights<br> <br>The present case,air max femme pas cher, although the company has the right to make statements on the network and comment on internal matters of significant, but this right can not be abused, at least need to meet "reasonable", "evidence" and requires "a degree" of.<br> <br>Information published by the company shall be objectively true, that there is "reasonable." After treatment to meet the requirements in terms of procedural law from the perspective should also have sufficient evidence to prove, that "It is," or it may lost in the proceedings. More importantly, the company should also be exercised within a reasonable range of private rights, the rights shall not exceed the scope of rights and violations of other civil body, namely,http://www.acoh-re.jp/post_mail/postmail.cgi, the "degree." In this case, the company announced to the plaintiff's name, which also announced the conduct plaintiff addresses,http://www.sgtrumpel.de/vanilla/activity, photos and other personal information, and no doubt beyond the scope of their rights, a violation of the privacy of others.<br> <br>All China Lawyers Association, member of the Economic Commission for Chen Litong<br> <br>To rights instruments must also be legitimate<br> <br>Case,http://www13.plala.or.jp/white_roots/gwbbs/gwbbs.cgi, the defendant may otherwise be out of "rights," the purpose of rumor, but weak legal awareness, lack of attention legality rights instruments. If the net posts content is true, the defendant can be dismissed by litigation and labor relations staff, and to claim damages; for reputation infringement of the company's behavior, the other party may request the court to stop infringement, a public apology to restore the company's reputation to eliminate the influence. Of particular note is that even if the contents are true web posts, but without the consent of the plaintiff, the defendant published without the plaintiff's name, address and other personal privacy, causing damage to its reputation, and should still be treated in accordance with the right of reputation infringement.<br> <br>Beijing lawyer Xu Yong Hao Yue<br> <br>Networks may apply to the person who posted Responsibility<br> <br>Counterpart posting behavior is not specific to the public. Browsing the net posts, the public will be based on common sense to judge the authenticity and authority of the contents of the net posts. In this case, since the net posts has been the site "sticky" but its signature is parent company to the site, so the public has good reason to believe that the behavior is to get the network to post authorized. If, as the defendant said, posting not been authorized, that is, the network company or the defendant should bear the consequences of the plaintiff into disrepute,http://libdspace.biwako.shiga-u.ac.jp, but after bear the relevant legal responsibility, can separate people accountable for posting.<br> <br>Foreign Affairs College of Law, Associate Professor Zhang Hua<br> <br> Share: welcome to comment I want to comment<br> Microblogging Recommended | today's hot microblogging (edit: SN056)<br>
DavidCadogan.ca Forums » DavidCadogan.ca
00 on July 19 2011
(1 post)-
Posted 10 years ago #
Reply
You must log in to post.