Guiding Case No.143
Beijing Lanshida Optoelectronic Technology Co., Ltd. & Huang Xiaolan v. Zhao Min
(Dispute over the Right to Reputation)
(Adopted through discussion by the Judicial Committee of the Supreme People's Court
and issued on October 9, 2020)
Keywords: Civil Affairs / Right to Reputation / Online Tort / WeChat Group / Public Space
Key Points of the Judgment
1. To identify whether speeches delivered in a WeChat group encroach on any other
person's right to reputation, it is a requirement to take into consideration the
characteristics of online dissemination of information and make a comprehensive
judgment based on such specific factors as subject of the tort, scope of dissemination
and degree of damage while ensuring that all constituent elements of the tort of right to
reputation are met.
2. 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 therein thus constituting a tort of right to reputation shall assume legal liability
in accordance with the law.
Pertinent Legal Provisions
1. Article 101 and Article 120 of the General Principles of the Civil Law of the People's
Republic of China
2. Article 6, Article 20 and Article 22 of the Tort Liability Law of the people's Republic of
China
Basic Facts
The plaintiffs, Beijing Lanshida Optoelectronic Technology Co., Ltd. (hereinafter referred
to as "Lanshida Company") & Huang Xiaolan, claimed that Huang Xiaolan was an
employee of Lanshida Company engaging in machine beauty and nail beauty business.
Since January 17, 2017, the defendant Zhao Min had libeled, defamed, framed,
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