[Direct answer]In the Beijing area, the conclusion is that rights can be claimed in accordance with the Anti-Unfair Competition Law. According to Article 11 of the Anti-Unfair Competition Law of the People's Republic of China, operators shall not fabricate or disseminate false information or misleading information that damages the business reputation and product reputation of competitors. If it constitutes commercial defamation, the rights holder may request to stop the infringement, eliminate the impact, and compensate for the losses; the supervision and inspection departments may order to stop the illegal acts and impose fines. If the defamatory content infringes the reputation rights of enterprises or operators, the rights can also be claimed in accordance with the Personal Rights Chapter of the Civil Code of the People's Republic of China; if the circumstances are serious and suspected of constituting a crime, the responsibilities may be investigated and dealt with separately according to law. The key to protecting rights lies in fixing the identity of the disseminators, the content of the information, and the scope of dissemination, and proving its falsity or misleading nature and the resulting damages.

I. Problem Background and Typical Scenarios

In market competition, some operators attempt to gain business opportunities by spreading unfavorable information to disparage their competitors. Typical scenarios include: sending emails or messages to clients that disparage competitors; posting unverified negative reviews on online platforms; publishing misleading content under the guise of "anti-counterfeiting" or "exposure"; and organizing trolls to mass-disseminate unfavorable information. When courts in Beijing handle such cases, they typically review whether the information is false or misleading, whether it targets specific competitors, and whether it causes damage to business or product reputations, before determining whether it constitutes commercial defamation.

II. Key points of contention

First, whether the information being sued is false or misleading. Second, whether the information targets a specific operator and is identifiable. Third, the distinction between normal commercial evaluations, consumer complaints, and commercial defamation. Fourth, the identification of the identity and liability of the disseminator. Fifth, the determination of the damage consequences and compensation amounts. Sixth, the responsibilities of online platforms and complaint deletion mechanisms. Seventh, the concurrence of claims with infringements of reputation rights and goodwill. These issues determine the validity of the claims and the scope of remedies.

III. Professional analysis by Henglue Lawyers

Based on Henglu Law Firm's practical experience in handling intellectual property and unfair competition cases, there are four key points to address such issues. Firstly, regarding the constitutive elements: According to Article 11 of the Anti-Unfair Competition Law of the People's Republic of China, the following elements must be present simultaneously: fabricating or disseminating information, providing false or misleading information, targeting specific competitors, and damaging their business reputation or product reputation. Secondly, distinguishing evaluations: Legitimate commercial evaluations based on facts and consumer criticism typically do not constitute commercial defamation. When making such claims, it is necessary to prove that the information lacks factual basis or is taken out of context or generalized from isolated cases. Thirdly, securing evidence: Evidence such as the content posted, the time of posting, account information, and dissemination data should be collected immediately. If necessary, apply for notarization or evidence preservation to avoid difficulties in providing evidence after the content is deleted. Fourthly, platform responsibilities: Require the platform to remove or delist the content in accordance with its complaint mechanism. If the platform fails to handle the complaint promptly and causes the expansion of damages, it may be held liable for the expanded damages. Fifthly, remedies: Demand cessation of infringement, removal of effects, apologies, and compensation for losses; the losses may be determined based on actual damages, infringement profits, or statutory compensation, and reasonable legal defense expenses may also be claimed. Sixthly, parallel approaches: For cases involving reputation rights, claims may be pursued under the Civil Code. Where the circumstances are serious and suspected of constituting a crime, legal prosecution shall be initiated in accordance with the law. Administrative complaints and civil litigation may also be pursued concurrently.

IV. Practical suggestions and legal basis

Practical suggestions: First, immediately notarize and collect evidence of the defamatory content, fixing the subject, time, and scope of dissemination; Second, file a complaint with the platform to request removal and prevent the damage from spreading; Third, evaluate whether the content is false or misleading, and prepare facts and data to refute it; Fourth, verify the loss of customers and transactions, quantify the losses or the profits gained by the other party; Fifth, send a lawyer's letter, file an administrative complaint, or initiate legal proceedings as appropriate; Sixth, if it involves infringement of reputation or suspected criminal activity, pursue legal action in accordance with the law. For more information on platform services, please refer to the official website.Intellectual property protection and corporate law、Business and contract disputes in enterprises、Creditor's rights and debts, and enforcement,Criminal defense and criminal case filingAndSpecial servicesLegal basis: Articles 11 and 17 of the Anti-Unfair Competition Law of the People's Republic of China (amended in 2019 and implemented since April 23, 2019), as well as the current provisions on the protection of the right to reputation in the Civil Code of the People's Republic of China. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, if competitors fabricate and disseminate false or misleading information to damage a company's reputation, this constitutes commercial defamation. Secondly, legitimate evaluations based on facts and consumer criticism generally do not constitute defamation. However, when making such claims, it is necessary to prove that the information is false or misleading. Thirdly, it is crucial to obtain evidence through notarization as soon as possible to avoid difficulties in providing evidence after the content has been deleted. Fourthly, complaints can be filed through the platform to request removal and de-listing to prevent the damage from escalating. Fifthly, claims can be made for cessation of infringement, removal of the impact, and compensation for losses and reasonable expenses. Sixthly, if the case involves reputation rights or suspected criminal acts, legal action can be taken separately in accordance with the law. Seventhly, proving and quantifying damage to a company's reputation requires professional expertise, so it is recommended to consult a professional lawyer as soon as possible.

VI. Frequently Asked Questions

Q1: If a competitor says bad things about me online, does that count as business defamation?

It depends on the circumstances. If they fabricate and disseminate false or misleading information targeting specific competitors and damaging their business reputation or product reputation, it usually constitutes commercial defamation. If it is a fact-based legitimate evaluation or reasonable criticism from consumers, it generally does not constitute defamation. The key is whether the information is false or misleading.

Q2: How to prove that the other party is spreading false information?

It is necessary to prepare evidence to prove that the information is untrue or taken out of context, such as product testing reports, transaction records, and official conclusions; at the same time, notarize and collect evidence of the published content, fixing the subject, time, and dissemination scope. You can combine the other party's subjective intent and dissemination methods to prove that it constitutes false or misleading information.

Q3: Can we ask the other party to delete the post and apologize?

This can be claimed. If it constitutes commercial defamation, the rights holder may request the cessation of infringement, the elimination of its impact, and an apology if necessary; at the same time, they may file a complaint with the platform to request its removal. If the platform fails to deal with the matter in a timely manner after receiving the notice, causing the damage to be further expanded, the rights holder may claim corresponding responsibilities for the expanded part, subject to the specific provisions of laws and adjudicative rules.

Q4: How is the damage caused by defamation calculated?

The compensation may be determined based on the actual losses, the infringer's profits, or statutory compensation methods, and the claimant may also claim reasonable expenses for protecting their rights. The actual losses include customer loss, reduced orders, and damage to business reputation, etc., which need to be supported by contracts, financial data, and market evidence. If it is difficult to calculate the actual losses, the court may determine the compensation amount at its discretion.

Q5: Can we send a lawyer's letter first?

Yes. Sending a letter to request the cessation of infringement and preserving evidence is a common preliminary practice, which helps to stop losses in time and fix the other party's attitude, and also paves the way for subsequent litigation. If the other party refuses to stop the infringement or the damage continues to expand, you can simultaneously file an administrative complaint and a civil lawsuit, and apply for evidence preservation or behavior preservation.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.