Provide the meal, accommodation, Internet platform that gives the life news service such as travel not less for the user, opened ” difference is judged ” function. Regard an user as the counteractive businessman that do not have fine ” edge tool ” , a lot of people often look a businessman first before making consumption choose ” difference is judged ” content.
A mom of Guangzhou enters some confinement after meeting place, the child got bronchopneumonia, the Shang Zhongfa that and ever was met in confinement offers shows insect. Then this consumer and husband gave this confinement meeting place on network platform difference is judged. However, confinement is met place mixes this couple reject to delete ” difference is judged ” network platform company tells a court, thought to violate its reputation right.
So, does the user give on network platform ” is difference judged ” is border in? The network serves p广州大自然水疗休闲会馆latform to answer the businessman asks to delete ” difference is judged ” and not cutout, should deny assume tort responsibility? Guangzhou Internet court made first instance adjudicate to this case recently, provided reference for each. Enter confinement to met the child after place get pneumonic
In December 2017, homemaking of some confinement of some and Guangzhou serves accurate mom Zhang Mou limited company (the following abbreviation ” confinement company ” ) sign a contract, the confinement that agrees for Zhang Mou by this company some offers by a definite date 28 days serves, include medical treatment service, nurse service, accessary service, meal service and guest room service.
On June 14, 2018, some carries Zhang Mou the child e广州白云区女模特nters the confinement that manages by this confinement company meeting place. Came 27 days on June 24, its child be sent toward Guangzhou medical university accessary the 3rd hospital is common and paediatrics see a doctor, diagnostic eventuate bronchopneumonia. On July 12, some reachs Zh广州水汇国际休闲会所 按摩师ang Mou its child leave this meeting place.
After a few days, piece such-and-such marital plum is such-and-such with its the masses comments on a net to register Zhang name, what to this confinement can nodCZ新闻直播广州粤夜娱乐2019 difference to judge, the comment area that is in issues a criticism. Zhang Mou some thinks, darling enters confinement meeting place the 14th day have to pneumonic, because the other side manages non-standard be caused by,be, but responsibility of shirk of the other side. Nurse of the other side is not professional, 3 nurses wear guaze mask to wrap Pull in your ears! only, did not obscure nose. Meet in confinement during place, menu and the course that get actually are tasted not agree with, have jerry suspicion. Still discover Shang Li has 4 small worm one of these day even, dietetic hygiene is ensured hard.
In this comment, with 10 pieces of pictures, include confinement food menu, real food to feed a photograph, what confinement can serve personnel to adorn guaze mask is non-standard the photograph. Among them, the 4th piece of picture shows, there are 4 maculas in soup bowl.
Some is in Li Mou differ the expression in judging to write strongly: “Environment: Poor; Nurse: Poor; Confinement eat: Poor ” .
Suffer ” difference is judged ” affect many potential users to run
After some comment releases Zhang Mou, receive many feedback. Many user expresses, after reading a review, the decision selects month of confinement after giving birth to a child afresh meeting place. Zhang Mou some is in some and Li Mou for many times comment area and other user are interactive.
Last year on August 21, li Mou some releases a comment to say with its Zhang date: “Now they (confinement is met) asked water army to give his suddenly reputably! With period the difference that floods me is judged! Ask authority sharpen one’s eyes, the difference that the stand or fall that sees a store wants to see it is judged, it is objective that difference is judged! This is most the thing of the true condition that reflects confinement center. ” on September 13, zhang Mou some continues to meet in this confinement the comment area of place writes: “Public site space is too little ” ” feeling giving a person is very depressive, not ventilated, the space that close is too much, cause a bacteria easily ” ” enter a month, should cope with mosquito everyday in the evening with half hour… ” on September 25, some comment that with its the masses comments on Zhang date to release in its responds to Li Mou the area responds to an user: “Everybody asks those who see us to be admitted to hospital proof picture, making clear is bronchopneumonia, the doctor won’t be diagnosed in disorder. Meeting place does not want to admit to be gotten over them pneumonic, place bright it is misrepresentation is mixed escape a fact. Place bright it is misrepresentation is mixed escape a fact..
Face these ” difference is judged ” , masses of confinement company demand is commented on delete, but the other side did not agree.
The court rejects confinement to meet an entire lawsuit request
Confinement company thinks, plum the criticism that some issues such-and-such, Zhang Mou and the reply to other network user are belonged to calumniatory, violated its reputation right, bring about many user to express to won’t choose this meeting place. And the masses is commented on did not answer its ask to delete experience case comment to also form tort. This confinement company accordingly plum the Han Tao information of operation business Shanghai that some and masses comment on such-and-such, Zhang Mou consults limited company (the following abbreviation ” Han Tao company ” ) told Guangzhou Internet court, requirement the accused stops tort instantly, delete difference to judge, make an apology, remove an effect, restore reputation, recoup company pecuniary loss 500 thousand yuan.
Plum such-and-such, Zhang Mou do some comment on a net to go up in the masses ” is difference judged ” the reputation that whether encroachs confinement company counterpoises?
Guangzhou Internet court points out, only consumer borrows machine undertake calumniatory, bespatter and damage other reputation actually to just can be maintained counterpoise for enroach on reputation. Whether to form calumniatory, need to comment on content to whether belong to so张艺潇广州模特lid judgement according to the user. The court thinks, piece some all belongs to such-and-such, Li Mou the customer that experience case serves, all authority comments on a net to have criticism, comment to the service in the masses, the criticism that the person that confinement company offset is expended serves to its, comment should give tolerate necessarily.
From the comment content looks, “Public space is too little ” ” damp ” ” mosquito is too much ” ” management is non-standard ” etc belong to an individual to experience, in view of the subjective otherness that consumer experiences to the service, maintain this to comment on content to be hard false.
Confinement company thinks child sicken and the service that its provide do not have direct correlation, but personnel of photograph indication service exists really non-standard adorn guaze mask nurses infantile phenomenon, and piece such-and-such child during also entering meeting place really, suffer from on bronchopneumonia, go up objectively cannot eliminate to serve behavior and Zhang Mou some child have the existence is causal possibility between bronchopneumonia, such-and-such couple comment weighs reason plum ” with the nurse close quarters is contacted directly, my child existence is affected risk of ill poisonous tall danger ” should not regard as inconsistent with the facts and calumniatory.
The court thinks accordingly, cannot maintain plum the plane that some rents such-and-such, Zhang Mou to comment on a net to issue a criticism in the masses carried out behavior of calumniatory, bespatter, confinement company view plum content of some concerned comment forms such-and-such, Zhang Mou calumniatory, lack factual basis.
About Han Tao company not should the company asks delete ” difference is judged ” the issue that whether makes tort, the court points out, according to tort liability law, network user uses a network to serve executive tort behavior is the premise condition that the person that network service is offerred assumes responsibility. Because experience case comment cannot be maintained to be tort, company of reason Han Tao did not answer confinement company asks to adopt delete comment measure not lawbreaking regulation, also do not form tort.
First instance adjudicated Guangzhou Internet court recently, reject the entire lawsuit request of accuser. After accuser appeals, at present this case already entered 2 careful order.
Not d广州金城桑拿498什么项目ummy fact is not baleful bespatter is ” bottom line “
The businessman takes a network seriously especially ” difference is judged ” . Some consumer give ” difference is judged ” hind suffer menace, appeared even after consumer is judged to difference by businessman a thousand li ” chase after kill ” news. So, is network user published ” is difference judged ” is border in? The information that the person that is Internet news service offerred publishs to the netizen and comment on this e广州海城桑拿几号技师xamine and verify to arrive what degree?
Judge of Guangzhou Internet court thinks, network difference is judged should with ” not not dummy fact, baleful bespatter ” for the bottom line, operator also should allow consumer to serve itself to undertake criticism to its, give tolerate necessarily. In this case, the accused was enjoyed actually ” confinement ” service, with accuser some homemaking serves relation of competition of company nonexistent industry, the possibil广州桑拿转让ity that undertakes baleful difference is judged is lesser. In addition, the accused is in give a certain number of pictures uploaded to give while difference is judged evidence, and comment content basically fastens the subjective move that describes defendant to suffer, yi Wei uses apparent contemptuous sex term. If operator thinks baleful on the network difference criticizes customer, should adopt the method such as screen of time jab, cut, notarization in time to conserve evidence, at the same time the attention is collected, the significant evidence that save a provider to taste or serves particular case, not agree with and cause operator society evaluation in order to prove this difference is judged to reduce with the fact, pecuniary loss damage consequence.
In addition, the judge points out, if difference is judged,comment on the case such as nonexistent dummy fact, baleful bespatter, the network serves the person that offer to did not answer operator asks to delete a comment, cannot maintain form tort.