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Chapter 33 Questions and Answers on Personal Injury Compensation Disputes (15)
Su has ownership of his phone number. Company A mistakenly printed Su’s home phone number as its switchboard number on the unit’s promotional materials due to a staff error. This behavior does not affect the plaintiff’s ownership of his phone number. .Su received many calls from customers of Company A who did not know the truth about the business, which interfered with Su's normal life, and the victim's daily life was violated, which was a violation of Su's right to privacy.

Privacy is the secret of citizens' personal private life that has nothing to do with public interests, including private information, private activities and private space; the right to privacy is a personality right enjoyed by citizens to the secrets of their private life, and its core content is to control their privacy according to their own will Domination, such as the confidentiality of private information, the protection of personal quiet life and the decision of private affairs.Whether or not to disclose one’s phone number and to whom is the essence of a citizen deciding whether to open his or her private space to others. In fact, it is also the right holder’s control over his privacy. Except for the right holder, no one shall disclose others intentionally or negligently. phone number, otherwise it constitutes a violation of privacy.

It can be seen that in this case, due to the work mistakes of the staff, Company A leaked Su’s phone number, causing Su’s personal peace of life to be disturbed, and judging from the elements of civil liability for tort, the victim’s daily life was disturbed to the extent that The fact of the damage caused by the illness exists, Company A has fault and the illegality of the behavior, and there is a causal relationship between the infringement and the fact of the damage. Therefore, it constitutes an infringement of Su’s right to privacy, and Company A should bear the corresponding civil liability.

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The basic content of the right to privacy includes the following four rights: (1) The right to conceal privacy.Citizens have the right to conceal privacy that is irrelevant to public interests, and others may not force citizens to declare their privacy. (2) The right to use privacy.Citizens have the right to actively use their personal information to meet their spiritual or material needs. (3) The right to privacy protection.Gongshi maintains the inviolability of its own privacy according to the law, and puts it into law when necessary. (4) Right to control privacy.Including disclosing part of personal privacy; allowing specific people to observe their own personal activities or personal areas; allowing others to use their privacy. 64. In the diary, others are slandered but the oil layer is known by a third person. Does the diary constitute evidence of infringement of the right of reputation?

He Moumou and Cheng Moumou are both female workers in a textile factory, and they have always been at odds.At noon one day, when the two were resting in the dormitory, they quarreled and fought over trivial matters. Because of his physical strength, He XX gained the upper hand, and was persuaded by his colleagues to leave the dormitory.The more Cheng thought about it, the angrier she became, so she wrote down what happened in her diary. There were many radical words in the diary, and she wrote that she thought He had improper relationships with others.A few days later, He returned to the dormitory and accidentally discovered that Cheng’s diary had something about himself, so he copied it and cried to the unit’s leaders and colleagues, and showed the content to everyone. After comforting him, everyone still felt that they could not vent their anger. Later, she filed a lawsuit with the court, suing Cheng for infringing on her right of reputation.So, did Cheng infringe He's right of reputation?

Analysis according to law
To judge whether the right of reputation has been violated, it should first be determined whether there is indeed a fact that the victim’s reputation has been damaged.Since reputation is the public’s evaluation of a specific person, the behavior of damaging the reputation of others must be known by people other than the victim (ie the third party), in order to reduce the social evaluation of the victim and constitute a violation of the right to reputation.In other words, "whether the third party knows" is the criterion for judging whether the victim's reputation has been damaged.

In this case, although Cheng’s diary contained content that slandered He, it was not shown to anyone else. Therefore, before He disclosed the diary content to the unit leader and other colleagues, no one other than the victim knew the content of the diary. Yes, He Moumou's social evaluation has not, and cannot be affected by it.Therefore, Cheng did not infringe He's right of reputation.

When judging whether it is known by a third party other than the victim, the following issues should be paid attention to: (1) There is no limit to the number of third parties, and the size of the number can only indicate that the degree of influence and damage of the infringer’s infringement are different; ( 2) The difference in the identity of the third party (such as whether the victim is related to the victim, etc.) does not affect the identification of infringement; If someone copies the content of Cheng's diary and shows it to everyone, then Cheng should not bear the responsibility of being known to a third party, and He himself should be responsible for the dissemination.

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Pay attention to distinguish between two similar rights stipulated by law, namely the right of reputation and the right of honor.

Although both the right of reputation and the right of honor are personality rights, they are different.Without exception, citizens and legal persons enjoy the right of reputation, and the right of honor can only be enjoyed by citizens and legal persons who have made outstanding contributions to the country and society or have been awarded honorary titles for their outstanding achievements.According to Article 102 of the General Principles of the Civil Law, there is only one way to infringe upon the right to honor, that is, to illegally deprive a citizen or legal person of the title of honor.Honorary titles show that the country and society highly value honor recipients, and thus are associated with honor.If the honorary title of a citizen is illegally deprived, the reputation of the citizen is also damaged, which constitutes an infringement of the right to honor and the right to reputation at the same time.However, if you slander someone for defrauding an honorary title, it is only an infringement of the right to reputation.

65. Can the published articles be used as the basis for filing a reputation right lawsuit?

An article written by a well-known scholar Qian Mou was published in the internal reference submitted to the central leadership, which described the fraudulent listing of a listed company in my country.The chairman of the company was furious after seeing the article through some means, and decided to sue on the grounds that the article infringed the company's right of reputation.So, should the people's court accept it?

Analysis according to law
Reputation refers to the comprehensive evaluation formed by the society on the moral character, sentiment, talent, prestige, reputation and image of individual citizens.The right of reputation is the right of citizens to retain and maintain their own reputation as stipulated by law. Article 101 of the "General Principles of Civil Law" stipulates: "Citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. Personality should be regarded as a tort and bear civil liability.

Whether it constitutes liability for infringement of the right of reputation, the criteria for judging are:
1. Whether the perpetrator subjectively damages the victim's reputation with malice;

2. Whether the perpetrator has objectively fabricated facts or spread false facts, insulted or slandered others in written or oral form, and without the consent of others, published private materials of others or publicized privacy of others in written or oral form to damage the reputation of others act of right;

3. Whether the victim's reputation has been damaged;

4. The behavior of the perpetrator is illegal, and there is a causal relationship between the illegal act and the damage.

The "Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Right of Reputation Cases" stipulates whether articles contained in internal publications and materials can be used as a basis for filing a right of reputation lawsuit.The explanation distinguishes internal publications and materials: one is special internal publications, that is, publications and materials compiled and published by relevant agencies and organizations for internal reference only by leading departments.The internal reference submitted to the central leadership belongs to this special internal journal.This kind of internal journal has a special mission, and it is specially for leading comrades to understand the situation so that they can make corresponding decisions.It generally involves state secrets, the scope of distribution is quite small, it will not be widely circulated, and it is impossible to cause the party’s social evaluation to be lowered and the reputation to be damaged. If it is accepted, it can only be resolved by the relevant departments, which is the case in this case.

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The other kind of internal publications are internal publications and internal materials distributed by relevant organs, social groups, academic institutions, enterprises and institutions to the unit, the system or other within a certain range. This kind of publications has a wide range of transmission and great influence. If the content contained in the publication causes a dispute over the right of reputation, the people's court should accept it.

66. Can mobile phone text messages be used as evidence of reputation infringement?

Ms. Fan is a tailor. She opened a sewing shop in 2003, and later met and became friends with Shi Mou.Ms. Fan said in the trial that Shi often said some difficult and foul words to her, which made her no longer want to associate with him, and Shi therefore "had a grudge" against her. In May 2006, Shi began to harass and insult Ms. Fan by calling or sending short messages.Ms. Fan ignored Shi's actions, so Shi intensified, with more harassment and more obscene language.In particular, on the afternoon of September 5, 2006, Shi sent text messages to Ms. Fan's mobile phone four times in a row, abusing and insulting her.As a result, Ms. Fan sued Shi Mou to court with a petition and asked the court to sentence Shi Mou to compensate him for 9 yuan for mental damage.

Analysis according to law
According to the provisions of our country's law, all facts that can prove the circumstances of the case are evidence.So, SMS is no exception.However, as a product of the new era, mobile phone text messages are indeed a new topic in the legal field to enter the litigation process.

Based on the characteristics of easy modification and editing of mobile phone text messages, their authenticity and reliability as evidence is an important basis for their probative force, and it is also the main aspect of their review.Generally speaking, when evidence is accepted, the following aspects are mainly examined: whether the source of evidence exists objectively; whether the sending time, sender, and network service provider of the short message may be forged or modified.Specifically, the situations that may arise in review practice mainly include: no objection to the content, but objection to the sender; no objection to the sender, but objection to the content.

1. No objection to the content, but objection to the recipient.

(End of this chapter)