This case analysis examines a scenario where a prominent social media influencer was found to have maliciously damaged an automaker's reputation.

The influencer, a car reviewer, published over 180 posts containing negative content targeting the car company, heavily employing insulting language. The claims regarding quality and other issues could not be substantiated, exceeding the reasonable bounds of public oversight.

The court ruled that the actions constituted infringement of reputation rights. The verdict ordered the deletion of the posts, a public apology pinned for 90 days, and compensation for economic losses and costs exceeding 400,000 yuan.

The case serves as a compliance reminder: online speech must not infringe upon a company's reputation rights through insult or defamation. Professional commentators should base their expressions on facts and exercise caution. Companies facing malicious slander should promptly secure evidence and defend their rights according to the law.

Case Summary

A major influencer on the Weibo platform published a significant volume of negative evaluations, malicious slander, and insulting content directed at a well-known new energy vehicle manufacturer, severely infringing upon the automaker's reputation rights. The company filed a lawsuit accordingly.

After hearing the case, the Jiading District People's Court in Shanghai determined that the posts in question referenced the automaker's investors, executives, and products. Considered as a whole, the content was clearly directed at the company.

The court found the content of the posts lacked evidential support and carried strong derogatory connotations, exceeding the reasonable scope of critical evaluation and thus constituting an infringement of the automaker's reputation rights.

Consequently, the court ordered the influencer to delete the relevant posts, issue a public apology, and pay compensation for economic losses.

This ruling aligns with the provisions of Article 59 of the Law of the People's Republic of China on Promoting the Private Sector, which prohibits the use of the internet and other communication channels to maliciously infringe upon the personal rights and interests of private enterprises and their operators through insult or defamation.

Detailed Account

The plaintiff, an automotive company, is a prominent enterprise in the new energy vehicle industry engaged in activities such as technological development of automobiles and related components.

The defendant, Liu, is a major influencer on Sina Weibo, verified as a 'Car Expert' and 'Weibo Auto Video Blogger' with a substantial follower count.

Driven by improper motives such as seeking online traffic, the defendant persistently and intensively published over 180 posts over the course of a year, directly or indirectly related to the plaintiff. The content included allegations that the plaintiff had stolen the defendant's planning proposals and that the plaintiff's vehicles had quality defects, alongside extensive use of insulting language.

The plaintiff sued, arguing the defendant's actions infringed its reputation rights and seeking an order for the defendant to delete the posts, issue a public apology, and pay compensation for economic losses.

The Jiading District People's Court held that the content of the posts involved the plaintiff's executives, investors, and products, closely linked to the company's products, services, and overall image. When read by internet users, the content would be directly associated with the plaintiff. Considered holistically, the plaintiff had the right to sue and demand the defendant bear corresponding liability.

In this case, while a small portion of the posts mentioned stolen proposals or vehicle quality issues, the defendant provided no evidence to support these claims. The posts heavily used insulting language which, from a general public perspective, exceeded the reasonable limits of critique and evaluation, demonstrating an intent to insult and defame the plaintiff.

Considering the concentrated and persistent nature of the publications, the court found the actions, taken as a whole, constituted an insult to the plaintiff. This was sufficient to lower the plaintiff's overall social evaluation, resulting in damage to its reputation rights.

The court noted that the defendant, as a professional car reviewer with a large following on Weibo, had a heightened responsibility to use their influence prudently and express themselves in a more professional manner.

Accordingly, the court ruled the defendant's actions infringed the plaintiff's reputation rights. It ordered the defendant to delete the relevant posts, publish a public apology on Weibo and pin it for 90 days, and pay over 400,000 yuan in compensation for corresponding economic losses and costs.

Significance of the Case

The case clarifies that when a segment of the public can identify a specific entity from the facts presented in an individual's statements—such as time, place, individuals involved, and events—the affected party has the right to initiate legal proceedings.

Individuals who use internet channels to disseminate content, heavily employing insulting language that exceeds reasonable boundaries of online discourse and damages the reputation of a business entity or its operators, should bear legal liability for infringing reputation rights.

This case addresses the delineation between legitimate online public scrutiny and the infringement of reputation rights. It serves as a reference for handling similar cases, contributing to the improved governance of online discourse concerning enterprises, the maintenance of public order in cyberspace, and the protection of the legitimate rights and interests of private enterprises.