Posting Like This on WeChat Moments Cost Her ￥20,000!
Recently, the Guangzhou Intermediate People's Court ruled on a defamation case involving reputational harm caused by social media posts. The court ordered the defendant, who had shared defamatory and insulting content about a colleague on their WeChat Moments, to delete the posts, issue a public apology, and pay 20,000 yuan in damages for emotional distress.
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The Incident
Xiao Li and Xiao Fang were both managers in different departments at the same company. In 2023, due to personal and work-related conflicts, Xiao Fang began posting defamatory content targeting Xiao Li on WeChat Moments. Over the course of more than a month, Xiao Fang published a total of 40 posts containing derogatory remarks, paired with photos of Xiao Li with unrelated individuals and images displaying Xiao Li's phone number. These posts insinuated Xiao Li's alleged misconduct in her personal life.
Among Xiao Fang's WeChat contacts were numerous company colleagues and superiors. Upon discovering the posts, Xiao Li experienced severe emotional distress, leading to a diagnosis of depression and a recommendation for a two-week medical leave.
Feeling her reputation had been significantly damaged, Xiao Li filed a lawsuit against Xiao Fang, seeking the removal of the posts, a public apology, and 20,000 yuan in damages for emotional harm.
Court Ruling
The Nansha District People's Court ruled in favor of Xiao Li, ordering Xiao Fang to:
1. Delete the 40 posts within ten days of the ruling's effective date.
2. Issue a public apology on WeChat Moments for a period of ten days.
3. Pay 20,000 yuan in damages for emotional distress.
The court also stipulated that if Xiao Fang failed to comply, a summary of the ruling would be published in a city-level media outlet, with the associated costs borne by Xiao Fang.
Unhappy with the decision, Xiao Fang appealed the case. However, the Guangzhou Intermediate People's Court upheld the original ruling in the second instance.
Legal Basis
The court's decision was grounded in Article 995 of the Civil Code of the People's Republic of China, which states, "When personality rights are infringed, the victim has the right to request the infringer to bear civil liability." Xiao Li's claims for cessation of the defamatory behavior, removal of the posts, and a public apology were deemed legally valid. The court found that these actions were necessary to mitigate the harm caused and restore Xiao Li's reputation.
The judge emphasized the following:
1. There was no evidence supporting Xiao Fang's claims against Xiao Li.
2. The posts included Xiao Li's photos, phone number, and images with unrelated individuals, accompanied by insulting and defamatory text.
3. Xiao Fang's posts were clearly targeted at Xiao Li and contained vulgar language and baseless accusations.
4. As colleagues with overlapping social circles, the posts had significant potential to harm Xiao Li's reputation.
Such behavior, the court concluded, constitutes a severe infringement on Xiao Li's rights, warranting civil liability.
Source: 中国青年报
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