I am not the only one who is threatened by a businessman
In august 2022, ms. Zhou, in guangxi liuzhou, who was preparing to give birth to a second child, intended to choose a specious symbicentre for herself. On the occasion of a visit to a friend, she visited two of the tsukiko centres in the field and searched several points of evaluation platforms, but found that the comments under the merchants were good。
As a result, on 22 august 2022, ms. Zhou published a note on her social platform account entitled "come in and talk about the most unsatisfactory moon and son centre in yoozhou " , asking the other mothers who sat at the sun and son center: "what is the moon and son center in yoozhou?"。
In the comments, a number of mothers have given up their experiences with the moon, involving many of the local moon child centers, including those that ms. Zhou used to live with when she was born。
In response to comments made by netizens, ms. Zhou responded on the basis of her own information and referred to the problems she had had at the time of her son's birth in terms of timing, ventilation in the nursery, noise, and the situation of the baby's breastfeeding and sleep。
More than half a month later, the note was followed by an additional comment claiming to be a staff member of the centre. In the commentary, ms. Zhou's name was made public and stated that “all the files of you and the baby were kept in their entirety”。
Two days later, the official account number of the moon and son centre again commented that “if the author does not delete false statements, a lawyer's letter will be sent”。
In ms. Zhou's view, everyone is simply sharing their true experiences, while the two comments of the merchants are like threats。
A number of netizens also felt that “it's hard to keep people from saying,” and that “to send such detailed personal information here would only make subsequent clients more antithetical to your tsukiko center”。
A note led to a court summons
In january this year, ms. Zhou suddenly received a summons from the people's court of the fish peaks of the city of liuzhou。
Ms. Zhou, the tsukiko centre, “intentionally directing the user to make comments against the tsukiko centre ... Resulted in several users being afraid to come and sit at the moon centre after seeing the post”。
The tsukiko center argued that ms. Zhou's “defamation and denigration against the facts” had caused “a substantial loss of commercially credible interests” and brought ms. Zhou together with the social platform to court to remove the notes and to compensate for the loss of property of $100,000, the payment of $38,000 for its defence of rights and the entire cost of the proceedings。
Ms. Chow felt “unbelievable”。
Ms. Zhou stated that the purpose of her post was simply to gain a more accurate picture through communication, “not for a particular family, tsukiko centre”
At present, the note has been blocked and, from the screenshot provided by ms. Zhou, the comments refer to many of the moon and son centers, and not all the comments made in response to the complainant's moon and son center are negative。
Judgement at first instance: no direct damage to reputation
But the word “notes” should be deleted to avoid misunderstanding
The first instance judgement of the lew county fish peak people's court held that ms. Zhou's publication of notes on social platforms evaluating the services of the tsukiko centre, although involving a large number of parts that were dissatisfied with the plaintiff's services or products, was, as a consumer, “not directly damaging the plaintiff's reputation and was incompatible with the constituent elements of the violation of honour”. Accordingly, the court did not support the application of the centre for “compensation for damages for honour violations”。
However, as many of the netizens who did not consume at the tsukiko centre commented and responded in ms. Zhou's notes, “the content does not include an assessment of the services and products of the business, the content of the message is biased and derogatory, and can cause other consumers to be blind and misleading”, the court held that ms. Zhou should delete the “notes” and that social platforms should fulfil their obligations。
Ms. Zhou could not accept such a finding: “my notebook is not in question, and if there is a problem with certain comments, the comments may be deleted.” at present, ms. Zhou has appealed to a higher court。
On 9 may, ms. Lee, the head of the centre, said that what ms. Zhou mentioned in her notes, as well as what other netizens mentioned in her comments, such as “baby pneumonia”, “food-snapping cuts”, was “unreal”. Ms. Lee stated that there was no conflict between the two sides during ms. Zhou's stay on the sun, “we were surprised that the baby was well cared for and why it was suddenly posted online two years later”
In response to ms. Zhou's question, the tsukiko centre made public its personal information, stating that it was an employee's personal conduct, “it was also the identification of ms. Zhou, without her understanding (threat)”
With regard to the court's decision at first instance, ms. Lee indicated that the centre would also respond positively。
A lot of netizens said
Have you ever had an unsatisfactory experience in a business
Can't we do a little evaluation
In response, sichuan dzongkhag's legal adviser, mr. Xie wenjian, argued that the issuance of consumer evaluations was not only conducive to the exercise of consumer oversight rights and the promotion of business improvement services, thereby protecting consumer rights, but was also consistent with article 15 of the consumer protection act, which states that “consumers have the right to monitor goods and services, and that consumers have the right to report and report on violations of consumer rights”. According to xie wenqiang, “a consumer does not violate the right of business to reputation as long as he does not exaggerate the facts and express his feelings”
Will you publish a consumption evaluation on a web platform
Have you ever met a businessman
What is the case with requests to delete comments
Comprehensive self-covered news, online reviews
