A perpetrator infringing upon any other person's civil rights and interests due to fault
shall assume tort liability. A WeChat group composed of non-specific interested persons
has the nature of a public space, and a citizen who delivers any insulting, defaming,
slandering or derogating speech in such WeChat group thus constituting a tort of right
to reputation shall assume legal liability in accordance with the law. A citizen or a legal
person whose right to reputation is infringed shall have the right to demand the cessation
of the tort, rehabilitation of reputation, elimination of ill effects and extension of a formal
apology, and may also claim compensation for any loss. Now Huang Xiaolan and Lanshida
Company required Zhao Min to extend a formal apology for her acts as a tort of right to
reputation, which complied with the legal provisions and shall be upheld, and the specific
way to extend a formal apology shall be determined by the court at its discretion.
Regarding the economic loss arising from the tort of Lanshida Company's right to
reputation, the evidence provided by Lanshida Company could not prove the actual
amount of economic loss, but Lanshida Company operated a beauty shop in the
residential quarter involved, and that Zhao Min delivered improper speeches in the
Wechat groups with many residents of the quarter was bound to cause adverse effects
on Lanshida company's operation, so in terms of Lanshida Company's petition, the court
shall make a determination at its discretion by taking into comprehensive consideration
such factors as the degree of Zhao Min's fault, content, impact and duration of the tort
as well as actual business status of Lanshida Company. With regard to mental damage
consolation claimed by Huang Xiaolan, the specific amount may also be determined as
appropriate on the basis of the above factors. There was no legal basis for the mental
damage consolation claimed by Lanshida Company, so it was rejected.
(Judges of the Effective Judgment: Ba Jingyan, Li Miao & Xu Chen)
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