Principles Of Handling And Responsibility Determination Of WeChat Group Reputation Right Cases

On May 13,2020,the Supreme People’s Court issued the“Ten Typical Civil Cases of the People’s Courts Vigorously Promoting the Core Socialist Values",including the public interest litigation case of the XieYong martyr’s reputation right dispute and the WeChat group’s reputation infringement case(namely a company,Huang v.Shao’s reputation rights dispute)all involve the issue of reputation infringement of WeChat group speech.The guiding case issued by the Supreme Law in October 2020 also involves the issue of WeChat group speech infringing on the reputation of others and legal persons,which shows that with the widespread use of the Internet,the issue of WeChat group comments infringing on reputation rights has attracted more and more legal attention.However,the part of the judgment reason stated in the above cases does not have complete legal logic,which is not conducive to clarifying the handling principles of WeChat group reputation cases.In this context,this article conducts research on the legal regulation of reputation infringement disputes caused by WeChat group speech,analyzes the handling principles of WeChat group reputation infringement and the scope of liability determination,in order to better balance the scope of freedom of speech and protection of reputation right,,and realize the effectiveness and uniformity of legal governance in cyberspace.In the first part of the article,through an in-depth analysis of the reasons for a reputation dispute between a company,Huang and Shao,and a comparison with relevant laws,judicial interpretations and similar cases,it is clear that the infringement of reputation of WeChat speech should not be consistent with the objective facts as a component.It pointed out that WeChat group is "semi-open",and should be combined with the nature of different groups and the composition of personnel to determine the subject’s liability for different damage results.In the second part,through sorting out the cases of self-media platform speech(especially wechat group speech)infringing other people’s right of reputation,analyzing the similarities and differences of the subjects involved in the case,infringement carriers and infringement results of relevant cases,it is found that wechat group speech has the characteristics of complexity,diversity of infringement carriers and profound infringement results.It analyzes the objects and rights of wechat group’s reputation infringement,and defines the types of WeChat group speech infringement in the private domain,corporate reputation infringement and public domain infringement.The third part,analyzes the causes and rationality of the differences in the judgment of different cases,and put forward the judicial referee when dealing with similar cases,it should be clear that the law should not intervene too much in the reputation infringement disputes caused by the exercise of wechat group function,and establish the principle of tolerance of "consumer review",and strengthen the three basic principles of punishment for cases of infringement of public interests,in order to better for three different types of cases to determine the appropriate processing standards.The fourth part,clarifies that the publishers and forwarders of WeChat group infringement information bear share responsibilities,WeChat group owners and administrators bear supplementary responsibilities for the part that has not fulfilled their duty of care,WeChat operator Tencent bears partial or joint liability,and the State Internet Information Management Office and other government Internet regulatory agencies assume responsibility for publicity,guidance,control and supervision,clarify the responsibility boundaries of the parties responsible for each party,and ensure the fairness of the trial results of the reputation infringement cases involving WeChat groups.