suspected many netizens long time slander and insult to Ms. Liu by broadcast App – Kwai Fu. Angry, she repeatedly complained to Kwai Fu company and asked to delete relevant drawings, but the platform side refused to delete it.
, a few days ago, after many sessions, and the final judgment, Beijing Express Technology Co., Ltd. (hereinafter referred to as Kwai Fu) to compensate for the 5000 yuan of mental damage, Kwai Lee property loss 14000 yuan (including notarization fees 6000 yuan, 8000 yuan lawyer fees). The < / P > < p > incident started last year. In January 4, 2019, Ms. Liu of Beijing discovered a user named “Kwai Kwai Ya Ya”, who usurped her portrait and unfamiliar men to make lovers on the fast platform and released insulting slander videos. According to Ms. Liu’s statement,
Kwai Kwai contacted the fast company quickly, and the lawyer’s letter and complaint letter requested that the relevant pictures and texts be deleted, but the fast runner did not deal with any problems. After < / P > < p >, she had to report to the regulatory authorities and sent a lawyer’s letter to the regulatory authorities asking for attention. Liu said that until February 2nd, the Kwai was therefore interviewed after the complaint was deleted by the relevant departments. However, the matter has not been stopped. Then, Ms. Liu found that the Kwai TSE user, the infringer, continued to publish insulting and slander her video comments.
Kwai Kwai, who is so upset, will quickly hand to court, demanding quick apology, and providing real name, address and identity document number of the infringer.
also asked MS Kwai to compensate her mental damage and the notarization fees and attorney fees. Since then, the case has gone through more than a year of trial. Recently, the case was finally settled. Although the court failed to fully support Ms. Liu’s appeal, she still felt that Kwai Chung had many unshirkable responsibilities in the process. < / P > < p > was confirmed by the first instance and maintained by the final adjudication. The court held that, first of all, the Kwai Fu company should send a written apology letter to Liu Lili within seven days. Meanwhile, the judgment also stressed that the content of the apology should be examined by the court of first instance and not implemented at the end of the trial. The court of first instance will publish the main contents of the judgment in relevant media, and the cost will be borne by the defendant Beijing Kwai Technology Co., Ltd.
in addition, within seven days after the date of the effective judgment, the Kwai Fu company paid 5000 yuan for Liu Lili mental damage, 14000 yuan for property damage (including 6000 yuan for notarization fees, and 8000 yuan for lawyers’ fees).
Kwai Kwai’s responsibility for the identification, the court of first instance held that, according to existing evidence, it can be confirmed that the quick platform platform nickname “Pearl Kwai Ya” and other users play their own short video on the account page of Liu’s portrait and the portrait of the opposite sex. Combined with video music and the above users’ release of the nickname for Ms. Liu’s quick platform, we can confirm the above behavior. Liu Lili is insulting and derogatory.
and fast user “Ya Kwai Ya”, “Zhao Haitong 223” and “wave 65” and others mentioned above in the short video and “talk”, which is obviously a humiliating language to Ms. Liu. The
decision shows that Kwai Tai platform can automatically push the video and text content to users according to the concerns of users and habits, which makes the content read by others, resulting in Liu Lili’s social evaluation reduced. Therefore, the above-mentioned personnel have violated Ms. Liu’s right of reputation.
court held that the main statements made by the infringer by Kwai Kwai platform were obviously abused. The ability of the fast company to manage information should be shielded or found and deleted in time. Meanwhile, the necessary measures should be taken for the relevant accounts. The Kwai TSE company has not taken the necessary measures to take relevant initiatives, and should be jointly and severally liable for the infringement.
on the infringement case, Ms. Liu commissioned a lawyer to complain to the Kwai Kwai platform, and provided the necessary content of the infringement screen screenshots, reasons, the information of the infringer on the fast track platform, and the full identity of the infringed person’s identity and authorization procedures, and so on, which had been effectively notified. However, after receiving the above materials, the Kwai Kwai company has not taken necessary measures in time to make relevant infringement on the short videos and infringers, resulting in the expansion of the infringement damage. The fast company should bear joint liability with the infringer for the expansion of the loss.
according to the above analysis, the Kwai Fu company should take measures against the infringement statement without taking the initiative and timely. After receiving the effective notification, it should not take responsibility for the loss caused by the measures taken by the infringement video and speech in time.
court also believes that the above acts cause serious mental distress to Ms. Liu. For this reason, the Kwai Fu company should compensate Liu Li Li for a certain amount of mental injury solatium and apologize to Liu Lili.