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Luo Changping v. Baidu’s reputation infringement case wins: 100,000 compensation and public apology

via:新浪科技     time:2019/5/22 22:31:44     readed:234

According to Luo Changping Weibo's verdict: Baidu needs to immediately delete the "heading office" to understand? "A text" and "This is a peer-to-peer" article, and for 10 consecutive days in the "Baidu Public Relations" prominent position in the apology statement, to the plaintiff Luo Changping apologize, eliminate the impact, restore reputation.

At the same time, Baidu needs to pay the plaintiff Luo Changping 80,000 yuan for mental damage and compensation for a reasonable expenditure of 20,000 yuan, the total of the above two items is 100,000 yuan.

The judgment also mentioned that the plaintiff’s other claims were rejected.

It is understood that the origin of Luo Changping and Baidu's mutual complaints is: On January 23, 2018, Luo Changping posted a message on his personal Weibo, saying that "Baidu has a 'head-to-head' because of its good performance and a five-month bonus for the year-end award. ”

On February 5, 2018, Baidu denied the incident and sued Luo Changping to the court on the grounds of infringement of the right to reputation. He was asked to immediately delete the relevant infringing information, publicly apologize and compensate the related losses totaling 5 million yuan.

In late May, the Beijing No. 1 Intermediate People's Court made a first-instance judgment on the case. The court ruled that Luo Changping compensated Beijing Baidu Netcom Technology Co., Ltd. and Baidu Online Network Technology (Beijing) Co., Ltd. for reasonable rights and expenditure losses and economic losses totaling about 18 Ten thousand yuan, and posted a apology for ten days in a prominent position in its Weibo account.

However, the "complain" of Baidu and Luo Changping did not end there. As early as January 25, 2018, Luo Changping released the "starting the head" microblog for a few days, Baidu official public number "this Baidu public relations" issued ""head to do" to understand? This year's Baidu PR, pointed out that Luo Changping and the headline have "py transactions."

Luo Changping immediately sued Baidu for online infringement. This time, Luo Changping won the lawsuit because of "the head office" to understand? This article of Baidu PR relates to the right to reputation. (Snow plum)

The following is the original part of the judgment of Luo Changping:

1. The defendant Baidu Online Network Technology (Beijing) Co., Ltd. immediately deleted the “Starting Office” published in the Wechat account “This Baidu PR” after the judgment came into effect. "A text and the article "This is a peer that makes people laugh and cry";

2. The defendant Baidu Online Network Technology (Beijing) Co., Ltd. issued a apology statement on the WeChat account “This Baidu PR” for three days after the effective date of this judgment, apologizing to the plaintiff Luo Changping, eliminating the influence and restoring. Honor (the content of the payment must be reviewed by the court. The defendant Baidu Online Network Technology (Beijing) Co., Ltd. will not perform the overdue, and will bear the legal responsibility of refusing to perform the effective judgment. The court will also choose a national issue according to the application of the plaintiff Luo Changping. The newspapers and periodicals publish the main contents of the judgment, and the expenses are borne by the defendant Baidu Online Network Technology (Beijing) Co., Ltd.);

3. The defendant Baidu Online Network Technology (Beijing) Co., Ltd. paid the moral damages 80,000 yuan and the reasonable expenses of 20,000 yuan to the plaintiff Luo Changping within 10 days after the effective date of the judgment. The above two totals 100,000 yuan;

4. Dismissed the plaintiff’s other claims. If the payment of money is not fulfilled in the period specified in this judgment, the interest on the debt during the period of delay in performance shall be doubled in accordance with the provisions of Article 253 of the Civil Procedure Law of the People's Republic of China.

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