[Case Summary]This case is a dispute over the right of reputation. The plaintiff alleges that Ms. L forwarded articles and left comments on QQ Space in October 2023, accusing the plaintiff of plagiarism, free riding, and verbal insults, which led to a decline in the plaintiff's social reputation. The plaintiff requests that the infringement be stopped, an apology be made, and compensation of 5,000 yuan for mental distress be provided. Ms. L has entrusted Beijing Henglu Law Firm to handle the case.Tian JiayanThe lawyer defended the case. Hengluo Law Firm pointed out that all four elements of infringement were not satisfied. In the end, the plaintiff voluntarily withdrew the lawsuit at the court hearing, and the parties avoided losses.

I. Review of the case

After being sued for infringement of reputation rights, many people are concerned about "whether reposting articles constitutes infringement of reputation rights" and "how to defend against a lawsuit for infringement of reputation rights". The plaintiff alleges that Ms. L reposted an article on the QQ Space platform on October 30, 2023, maliciously slandering the plaintiff as plagiarizing and stealing others' works. On October 25, 2023, Ms. L left a comment on the plaintiff's QQ Space article in the mutual aid group, claiming that the plaintiff's work was plagiarized and verbally insulting the plaintiff and the plaintiff's friends. The above-mentioned actions have reduced the plaintiff's social reputation and seriously affected the plaintiff's work and life. Therefore, the plaintiff filed a lawsuit with the court, requesting the defendant to: 1. immediately stop infringing the plaintiff's reputation rights and delete the reposted articles and related comments on QQ Space; 2. apologize to the plaintiff and remove the impact and restore the plaintiff's reputation by publishing an apology letter on QQ Space; 3. compensate the plaintiff with 5,000 yuan in mental distress compensation.

In this case, Ms. L was sued by Mr. D for infringing his right to reputation, so she turned to Henglu Law Firm for helpTian JiayanThe lawyer appeared in court as the plaintiff's attorney and defended the case. In the end, the case was successfully resolved when the plaintiff withdrew the lawsuit.

II. The focus of the case

  • Focus I: Whether forwarding and leaving messages constitute infringement of reputation and whether they target a specific plaintiff.The defendant forwarded the message without adding any comments or mentioning any names.
  • Focus 2: Whether there are acts of insulting or violating public order and good morals.Was there any act of insulting the plaintiff when expressing one's opinion?
  • Focus Three: The corresponding relationship between the damage consequences and the elements of infringement.Did it cause serious damage consequences?

III. The professional intervention of Hengluo Law Firm

The original plaintiff claimed that:Ms. L's forwarding and comments constitute infringement of reputation, and we demand that she stop such actions, apologize, and compensate for the mental distress with a sum of 5,000 yuan.

Hengluo Lawyer's defense opinion:Hengluo Lawyer pointed out that the right to reputation is an inviolable right of citizens and legal persons to the social evaluations they have gained in social life, that is, their reputation. Whether it constitutes an infringement of the right to reputation should be determined based on the fact that the victim's reputation has been damaged, the perpetrator's behavior is illegal, there is a causal relationship between the illegal act and the damage consequences, and the perpetrator has subjective fault. Hengluo Lawyer believes that the plaintiff's claims lack any factual and legal basis, and put forward the defense opinions around the focus: 1. The defendant did not attach any comments to the posts forwarded in the space, and did not mention the plaintiff by name; 2. The defendant did not insult the plaintiff when stating or expressing opinions, and did not violate public order and good customs; 3. The plaintiff was exposed by an outsider for plagiarizing others' original works as his own and accepting commissions for profit-making activities. In summary, the defendant's statements and expressions of opinions did not directly point to the fact of the plaintiff's reputation, let alone cause serious damage consequences. We earnestly request the court to reject all the plaintiff's litigation requests.

IV. Outcome of the case

In the end, at the trial of this case, after the court's explanation, the plaintiff could not make sense of the situation and believed that there was little chance of winning the case. Therefore, he voluntarily applied to the court to withdraw the lawsuit against Ms. L, thus avoiding any losses for the parties involved.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law FirmTian Jia YanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent. The determination of infringement of the right of reputation must strictly comply with the four statutory requirements, and professional defense can effectively safeguard the legitimate rights and interests of the parties involved.

VI. Common Questions about Disputes over the Right to Reputation FAQ

  1. Q: Does reposting an article constitute an infringement of the right to reputation?
    A:The key point is whether it specifically mentions someone by name, whether it contains insulting or defamatory content, and whether it results in a decline in social reputation. If it does not specifically mention someone by name and does not contain insulting content, it generally does not constitute a violation.
  2. Q: How to defend against a lawsuit for infringement of reputation rights?
    A:I will refute the four elements of infringement—the fact of damage, the unlawful act, the causality, and the subjective fault—one by one to prove that none of these elements exist.
  3. Q: Can leaving a comment on QQ Space constitute infringement?
    A:If the message contains insults or defamation directed at a specific person and results in consequences, it may constitute a crime; however, the mere expression of opinions generally does not constitute a crime.
  4. Q: What are the consequences if the plaintiff in a dispute over the right to reputation withdraws the lawsuit?
    A:After the withdrawal of the lawsuit, the litigation is terminated and is deemed as not having been adjudicated. The defendant does not need to bear any responsibility, but can make separate claims against malicious litigation.
  5. Q: What kind of behavior constitutes an infringement of the right to reputation?
    A:If someone damages another person's reputation by means of insults or slander, causing a decline in their social evaluation, it constitutes an infringement of the right to reputation.