identify whether speeches delivered in a WeChat group encroach on any other person's
right to reputation, it is necessary to take into consideration the characteristics of online
dissemination of information and make a comprehensive judgment based on such
specific factors as subject of tort, scope of dissemination and degree of damage while
ensuring that all constituent elements of the traditional tort of right to reputation are
met.
In this case, Zhao Min denied that the relevant information involved sent by her WeChat
account ID X---calm originated from her, but provided no evidence thereon, and her
denial was actually at variance with the ascertained facts, so the court could not adopt
the defense's opinion. In light of the circumstances ascertained through court trial, and
based on the contents of the chat records on WeChat, testimony of witness, as well as
materials retrieved by the court from Shenzhen Tencent Computer System Co., Ltd., it
could be identified that after having a dispute with Huang Xiaolan, Zhao Min delivered
speeches with such obviously insulting words as “silly X”, “stinky silly X”, “mental
divergence” and “mad fool" in the information sent via her WeChat account ID in two
WeChat groups of owners of the residential quarter where both parties concerned lived
while using Huang Xiaolan's photos as illustrations, and with respect to derogatory words
against Lanshida Company such as "illicit beautician", "blackmail customer", "shit
instrument", and "defective technology and product", Zhao Min failed to produce
evidence proving the objective authenticity of the speeches delivered by her; and to say
the least, even though there were relevant facts, she should seek resolution through
legal means. Zhao Min sent the above-mentioned improper speeches in two WeChat
groups with many residents of the residential quarter, whose subjective fault was obvious.
Judging from the membership of the WeChat groups, inquiries from other members and
such
characteristics
as
convenience,
extensiveness
and
speediness
of
online
dissemination of information, the speeches involved definitely were prone to lead to
speculation and misunderstanding of the beauty shop operated by Huang Xiaolan and
Lanshida Company, damaging the public's trust in Lanshida Company in the residential
quarter, and giving rise to negative recognition of the two plaintiffs, and lowering the
social evaluation of Huang Xiaolan as well as the products or services of Lanshida
Company. There was a causality chain between Zhao Min's derogatory acts and damage
to the reputation of Huang Xiaolan and Lanshida Company. So Zhao Min's acts which
met the constitutive requirements of the tort of right to reputation had constituted a tort.
5