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Penalty for publishing personal data on the Internet and violating the right to reputation in China

In one of the courts of the city of Urumqi, a landmark decision was made on the fact of the publication of personal information and violation of the right to the reputation of another person on the Internet.

 

This court considered the application of the plaintiff, who found that the video, which contained his personal data, was sent via the Internet to his former acquaintance.

In May 2021, this friend told the plaintiff that there was a video of him on the Internet and the plaintiff immediately called the police.

The police found out that his girlfriend sent the plaintiff's naked video and other personal information to certain people, and in accordance with the provisions of Section 42 of the Public Security Administration Punishment Law, this girlfriend was first sentenced to 5 days of administrative detention.

 

Subsequently, the plaintiff filed a lawsuit against his former girlfriend in the People's Court of Urumqi City, Xinjiang Uyghur Autonomous Region, on the grounds that his former girlfriend had violated his reputation. After accepting the case, the people's court investigated the case in accordance with the law.

 

During the pre-trial mediation, the plaintiff asked the defendant to pay compensation for non-pecuniary damage and apologize. Both parties reached an agreement on mediation, and the defendant apologized to the plaintiff and compensated him 50,000 yuan in non-pecuniary damage.

 

According to the judge, Article 1024 of the Civil Code provides that civil subjects enjoy the right to reputation, and no organization or individual can infringe on the right to reputation of others by insulting or slandering. Reputation is the social evaluation of the character, prestige, talent, and credit of civilian subjects.

 

No organization or individual may infringe upon the right of the reputation of others by insult, slander, or the like. Citizens whose right to reputation has been violated have the right to demand the termination of the violation, the restoration of their reputation, the elimination of influence, an apology, and compensation for losses.

 

The judge reminded that the Internet is not an illegal place, and everyone should be careful in their words and actions on the Internet and adhere to legal and moral principles

 

Google-низ-анг2022