I was watched by the Internet police during the live broadcast of law popularization?
Chapter 326: Lost the subway secret photography case? There’s something wrong with your idea of sa
Chapter 326: Lost the subway secret photography case? There is something wrong with your idea of safeguarding your rights...
"Lawyer Li, hello..."
When Lian Mai was connected, Li Chen looked at the netizen on Mai and said, "Hello, do you have any questions?"
"Is such that…"
A male netizen recounted his own experience.
A few months ago, he encountered something bizarre while riding the subway.
He was an office worker and was wearing white breathable shoes with holes on the day of the incident.
And he never thought that one day he would be wrongfully accused of being a candid photographer because of a pair of ordinary casual shoes:
“There were a lot of people that day and there were no free seats on the subway, so I had to stand in the car.
There were two girls opposite. I didn’t know what they saw, but they insisted that I was secretly filming them. "
“There were a lot of people at that time, and I felt quite speechless, so I explained to them that these were just ordinary casual shoes.
But they didn't listen to my explanation at all and insisted that I was filming them secretly.
There were indeed a lot of people at that time, and many people were looking this way. When I saw so many people looking this way, I had no choice but to take off my shoes and show them to them.
Later, the subway security also came and took the three of us off the subway to understand the situation.
The situation at that time was particularly unfavorable to me. The two girls kept talking about me, and then I called the police..."
The male netizen continued to talk about his problems.
Later, the Wushu Association personnel came and quickly learned the truth of the entire case.
There is no secret camera equipment in my shoes, I am innocent!
The investigators of the Wushu Association asked the two girls to apologize.
"Lawyer Li, you don't know how perfunctory those two women's apologies were..."
The male netizen sounded a little indignant when he said this, and restored the situation in the live broadcast room.
Li Chen didn't speak when he heard this. He was still listening to the netizen's follow-up situation.
The male netizen continued to talk about the follow-up questions, and netizens were also a little angry:
"Let me tell you, this is indeed a bit excessive. You have wronged others. Can't you sincerely apologize after learning that they were wronged by you?"
"Brother, I support you, so I should use legal weapons to protect my legitimate rights and interests. If an apology is useful, then what else is there for the Wushu Association to do?"
"I have encountered such a thing before. We were on the train. A woman insisted that I secretly photograph her with my mobile phone. I explained to her that she didn't listen, so I asked her to find the administrator on the train. Later, It also proved my innocence. The woman's attitude was relatively good, she apologized to me in a very sincere tone, and made me a bucket of instant noodles, which I didn't ask for."
The male netizen continued to tell his story.
He did not introduce the two girls’ apologies for two reasons:
First, the two girls’ apology was too perfunctory.
It's obvious that you did something wrong, why do you look so reluctant?
Did I distort the truth or something?
Second, the occasion is wrong.
When he was wrongly accused, he was on the subway, and many people watching the excitement took out their mobile phones.
From the moment he was accused there was a possibility that he would be labeled a candid cameraman.
If the two people apologized on the subway, then he wouldn't care about anything.
And here lies the real problem.
At that time, I was wrongly accused of being a candid photographer on the subway in front of so many people, but only a few people knew about my apology. You who know the situation understand that I was wrongly accused, and the accuser also apologized, but don’t you know?
They don’t know what happened next, so will they think that I secretly photographed them?
It is precisely because of this that he asked the two girls to publicly apologize online for wrongly accusing him.
The two girls did not agree to his request.
Later, he also resigned specifically to defend his rights.
I went to the court to sue and lost the first instance.
The netizen filed his own indictment with the court for personal insult, demanding a public apology and compensation of 5 yuan for his mental losses.
"Lawyer Li, I'm a little confused. As an ordinary person, how can I protect my legal rights?"
"I also understand your story."
After hearing the netizen asking about himself, Li Chen also began to analyze other cases for him: "Listen to me first. If there is anything wrong, you can interrupt at any time to add.
The first point is the facts of your case.
In the case, you were wrongfully accused of being a voyeur, and you were the victim. This has been confirmed by law enforcement agencies and is indisputable, right? "
"Yes…"
"OK, that's it for this stage, let's start the next stage.
You just said that in order to protect your rights, you posted the incident online.
Your behavior is understandable from our personal perspective.
As an ordinary law-abiding citizen, you have no special rights protection channels beyond your authority. Any rights protection method you adopt when facing injustice is correct as long as it is not illegal. "
What should I do if there is no way to solve the problem?
Exposing one's own incidents on self-media so that more people can see them will increase the impact of the incident. This is also a common means of protecting rights on the contemporary Internet. "
"That's the problem."
After hearing this, Li Chen looked serious: "If this video was not uploaded by you, but was the behavior of others, and there are behaviors in the video that distort the facts and take them out of context, you can report it to the relevant departments in accordance with the law and ask the other party to compensate you for your mental losses. , deleted the article and issued a public apology.
If the video was posted by the two people who wronged you, their actions will be punished by relevant departments to varying degrees depending on the scope of the video dissemination.
It may be a public security penalty, or in serious cases it may constitute a crime. "
"This is also the first point pointed out in the first-instance judgment of the trial court. The communicator is you and not someone else. It is also the first point where you are unreasonable."
"Second point, you talk about their behavior and the way they apologized, but you have no corresponding evidence to prove that they did this.
Saying that the two girls' apology was insincere and perfunctory, and that the security personnel at the subway station behaved inappropriately, these situations are only your personal unilateral accusations, and there is no actual evidence to prove your words. . "
"As for the law enforcement agencies, they will not use one-sided confessions to determine whether the other party has engaged in inappropriate behavior. Do you understand what I mean?"
"As for the mental compensation you ultimately request, it will also be based on the impact of the other party's behavior on you."
"You are unreasonable on the second point, and you have no actual evidence to prove the other party's behavior. Let alone the first trial, it will be difficult for you to win even in the second trial."
Li Chen already had the answer after hearing the other party's description.
Let’s put it this way…
This netizen’s idea of safeguarding rights was problematic from the beginning…
(End of this chapter)
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