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No. 1 of Eight Model Cases regarding Infringement upon Personal Rights and Interests by Using the Information Network Published by the Supreme People's Court: Xu Dawen v. Song Zude and Liu Xinda (civil dispute over infringement upon right of reputation)
(civil dispute over infringement upon right of reputation)
最高人民法院公布8起利用信息网络侵害人身权益典型案例之一：徐大雯与宋祖德、刘信达侵害名誉权民事纠纷案--精神损害赔偿应与侵权人的过错程度相适应
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No. 1 of Eight Model Cases regarding Infringement upon Personal Rights and Interests by Using the Information Network Published by the Supreme People's Court: Xu Dawen v. Song Zude and Liu Xinda (civil dispute over infringement upon right of reputation)
-The amount of compensation for mental distress should be compatible with the fault degree of infringers | | 最高人民法院公布8起利用信息网络侵害人身权益典型案例之一：徐大雯与宋祖德、刘信达侵害名誉权民事纠纷案--精神损害赔偿应与侵权人的过错程度相适应 |
| (1) Basic Facts | | （一）基本案情 |
| Around 01:00 before dawn on October 18, 2008, the famous director Xie Jin had a sudden death in the guest room of a hotel. From October 19 to December, 2008, Song Zude uploaded several articles including “Never Learn to Die like Xie Jin” and “Xie Jin and an Actress Surnamed Liu had an Illegitimate Child Surnamed Xie with Severe Cerebral Palsy Overseas” to his Sina Blog, Sohu Blog, and Tencent Blog. It was said that Xie Jin had a sexual sudden death and Xie Jin and Liu had an illegitimate child with severe cerebral palsy overseas. From October 28, 2008 to May 5, 2009, Liu Xinda uploaded several articles including “Liu Xinda Was Willing to Appear in Court as a Witness for Xie Jin's Death Caused by Prostitution and Why Offensive Websites Deleted Blog Articles by ‘Black-Box Operation'?” “Liu Xinda: Mei Was Actually Li's Daughter and the Photograph Was Actually Taken by Me,” “Fifteen Predictions of Song Zude All Came True,” and “Song Zude's 22 Accurate Predictions” to his Sohu Blog and Netease Blog. It was said that Liu Xinda witnessed Xin Jin's affairs and saw “Xie Jin's illegitimate child” overseas. From October to November 2008, journalists from Qilu TV, Chengdu Economic Daily, Beijing News, West China City Daily, Life Newspaper of Heilongjiang Daily Group, and Tianfu Morning Paper had telephone interviews with Song Zude one after another. According to Song Zude, the aforesaid articles all had conclusive evidence. Qilu TV and other newspaper offices reported them. After knowing that the aforesaid information was derived from Liu Xinda upon detailed inquiry of Song Zude, the journalist from Chengdu Economic Daily had a telephone interview with Liu Xinda. Liu Xinda said that he told Song Zude the said information and made descriptions consistent with contents of Song Zude's blog articles. Xu Dawen filed a lawsuit against Song Zude and Liu Xinda on the ground that Song Zude and Liu Xinda infringed upon Xie Jin's right of reputation and requested that the court should order them to cease the infringement, delete the blog articles, make a public apology on the corresponding media, and compensate 100,000 yuan for economic losses and 400,000 yuan for mental distress. | | 2008年10月18日凌晨1时许，著名导演谢晋因心源性猝死，逝世于酒店客房内。2008年10月19日至同年12月，宋祖德向其开设的新浪网博客、搜狐网博客、腾讯网博客上分别上传了《千万别学谢晋这样死！》、《谢晋和刘××在海外有个重度脑瘫的私生子谢××！》等多篇文章，称谢晋因性猝死而亡、谢晋与刘××在海外育有一个重度脑瘫的私生子等内容。2008年10月28日至2009年5月5日，刘信达向其开设的搜狐网博客、网易网博客分别上传了《刘信达愿出庭作证谢晋嫖妓死，不良网站何故黑箱操作撤博文？》、《刘信达：美×确是李××女儿，照片确是我所拍》、《宋祖德十五大预言件件应验！》、《宋祖德的22大精准预言！》等文章，称谢晋事件是其亲眼目睹、其亲自到海外见到了“谢晋的私生子”等内容。2008年10月至11月间，齐鲁电视台、成都商报社、新京报社、华西都市报社、黑龙江日报报业集团生活报社、天府早报社的记者纷纷通过电话采访了宋祖德。宋祖德称前述文章其有确凿证据，齐鲁电视台及各报社纷纷予以了报道。成都商报社记者在追问宋祖德得知消息来源于刘信达后，还通过电话采访了刘信达。刘信达对记者称系自己告诉了宋祖德，并作出了同其博客文章内容一致的描述。徐大雯以宋祖德、刘信达侵害谢晋名誉为由起诉，请求停止侵害、撤销博客文章、在相关媒体上公开赔礼道歉并赔偿经济损失10万元和精神损害抚慰金40万元。 |
| ．．．．．． | | ．．．．．． |
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