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published in(发表于) 2016/8/4 0:59:25
Following the resignation of women in micro-circle of friends called their old employers, was sentenced to public apologies,

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中文

Following the resignation of women in micro-circle of friends called their old employers, were sentenced to open letter of apology-micro, circle of friends, QQ space-IT information

Ms Chan and her decoration company in Chengdu, conflict, upon the departure of her micro-circle of friends sent a resignation, including "company seven deadly sins", "accounts are a bunch of fools," "company-wide are dogs" and some heated words. Yesterday, the reporter was informed that the Taurus Court judgment that Chen's actions violated the company's reputation, its making a public apology.

Micro-circle of friends called the company being sued

Ms June 2015 to a decoration project limited company as a design Manager in Chengdu, joining the service signed a labor contract has a term of one year, but in December 2015, Ms Chan due to conflicts with the company resigned from the company.

Left Shi, Chen ladies wrote has a copies gunpowder taste full of resigned report, content including "company seven cases crime", and "Accounting Department is group fool", and "fine system chaos", and "full company are is dogs", and "company administrative and logistics are is eat x of", some speech fierce of words, concurrent to himself of QQ, and micro-letter friends circle, network social platform.

This was informed by the company, telephone demanded that Chen immediately remove content, stop the personal attacks and defamation of reputation. Ms Chan did not remove related content, also continued to publish a number of abusive language against the company.

After fruitless negotiations, decorated with its reputation right infringement by, bring a case to court, Ms Chan to immediate cessation of the infringing acts on the Internet, on the authoritative paper media and public apology, removal, rehabilitation and also seeks compensation for the economic loss of 20,000 yuan.

Court sentenced Chen constitute infringement

In court, Ms Chan admitted micro-circle of friends, QQ space on social networking platforms, such as the resignation report was written by himself, but felt that "ring of friends should belong to private social networking tool, does not belong to the public platform, shall not constitute infringement. "Ms Chan believes that the resignation of some of the language is only slightly exaggerated metaphor.

Court hearing held that Chen in their tiny friends network media, such as the contents of the letter containing insults, smeared and reduce the social positive elements of evaluation and social reputation, corporate reputation and reputation were damaged. Their circle of friends members has reached more than 100 people, higher number with factors such as impact and spread more quickly, belongs to the tort area. Accordingly, the Court, Chan immediately stop acts of defamation against the company, and in local authority newspapers publish an apology statement, rehabilitation, eliminating the effects for the decoration company. As the company had not submitted evidence of the economic damage due to Chen's infringement amounts to Ms Chan requests for compensation for consequential economic loss is not compensable.


女子辞职后在微信朋友圈骂老雇主,被判公开道歉 - 微信,朋友圈,QQ空间 - IT资讯

成都的陈女士和她所在的装饰公司发生矛盾,离职后,她在自己的微信朋友圈发了一份辞职报告,内容包括“公司七宗罪”、“核算部就是一群傻子”、“全公司都是警犬”等一些言语激烈的词句。昨日,记者获悉,金牛法院判决认为陈女士的行为侵犯了公司的名誉权,要求其公开赔礼道歉等。

微信朋友圈里骂公司被起诉

陈女士2015年6月进入到成都一家装饰工程有限公司担任设计部经理,入职时签订的劳动合同期限为期一年,但在2015年12月,陈女士因与公司发生矛盾从这家公司离职了。

离职时,陈女士写了一份火药味十足的《辞职报告》,内容包括“公司七宗罪”、“核算部就是一群傻子”、“罚款制度混乱”、“全公司都是警犬”、“公司行政和后勤部都是吃X的”等一些言语激烈的词句,并发到自己的QQ空间、微信朋友圈等网络社交平台。

此举被公司得知后,电话要求陈女士立即删除相关内容,停止相关人身攻击和名誉诋毁。陈女士不仅没有删除相关内容,还继续发布了一些针对该公司的侮辱性语言。

交涉无果后,装饰公司以其名誉权受侵害为由,向法院提起诉讼,要求陈女士立即停止在网络上的侵权行为,并在权威纸媒上公开进行赔礼道歉、消除影响、恢复名誉,还要求赔偿相关的经济损失2万元。

法院判陈女士构成侵权

法庭上,陈女士承认微信朋友圈、QQ空间等社交平台上的《辞职报告》是自己写的,但认为“朋友圈应该是属于私人社交工具,并不属于公共平台,不应构成侵权。”陈女士认为,《辞职报告》里的一些用语只是稍微夸张的比喻。

法院经审理认为,陈女士在其个人微信朋友圈等网络媒体发布的内容含有侮辱、丑化、降低公司社会正面评价和社会美誉度的内容,致使公司名誉及名誉感均受到损害。其朋友圈成员已达到一百余人,人数较多,已具备影响较大、传播速度较快等因素,属于侵权范围较大。据此,法院判令陈女士立即停止对该公司的名誉侵权行为,并在本地权威报纸刊登赔礼道歉声明,为该装饰公司恢复名誉、消除影响。鉴于该公司未提交相应证据证明其确因陈女士的侵权导致的经济损害数额,对要求陈女士赔偿相应经济损失的请求不予支持。






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