Now, whether they are century-old shops or street vendors, they will use the Internet to promote and sell their products, and netizens can also evaluate and interact on the Internet. Then, if a merchant is criticized or even poorly evaluated online, can he be held accountable through a lawsuit of reputation infringement? If it is really investigated, is this behavior of merchants legal?
Chongqing people like to eat midnight snack, which is well known and not spicy. Many people in Chongqing believe that there is no soul if you don't eat midnight snack for a day, but it is difficult to fall asleep, and the other is physical disorder. Of course, this is just a self-mockery of Chongqing people, and it also directly shows the importance of midnight snack to Chongqing people, which actually drives Chongqing people's nightlife.
The nice lady who lives in Jiangbei District is also a snack lover. On the evening of March 21th, 2121, kind-hearted ladies and their husband, Mr. Tao, came to a barbecue shop in Jiangbei District to have a snack. Because good ladies love seafood, Mr. Tao specially ordered a lot of shrimp and snails, but neither Mr. Tao nor his son ate them. After the wind swept away, Mr. Tao checked out and went home, and the beautiful day was over.
However, the next morning, Mr. Tao told his wife to get up and go to work, but at this time, the kind lady looked very weak and finally got up, but she ran to the toilet one after another, accompanied by vomiting and diarrhea. As soon as Mr. Tao saw the illness, he immediately sent the kind lady to the hospital for treatment. After the doctor's diagnosis, the acute vomiting symptoms of the good lady belong to acute gastroenteritis.
People with a little medical knowledge know that eating unclean food or bad food can cause acute gastroenteritis. Mr. Tao has many poems and books, and he has reasonable doubts about this matter. He thought that his wife might have eaten seafood at midnight snack. Because he and his son didn't eat seafood at midnight snack and didn't have similar symptoms, it is likely that there is something wrong with the seafood in the barbecue shop.
This kind lady also doubted the cause of her illness. During her hospitalization, she logged into a well-known website and made a bad comment on the barbecue shop. Unexpectedly, as soon as the criticism of the good lady went online, the barbecue restaurant immediately responded, not only refusing to accept the account, but also giving the good lady a "reply". What is this? Even if there is criticism, you can improve your business. It is a bit unreasonable to go back violently.
The reply from the merchant aroused the good lady's "temper", so she launched a "curse war" with the merchant from a distance, which was quite lively. In the long run, the two sides have reached the point of "life and death" and the contradictions have gradually escalated. After the merchants were speechless, they sued Ms. Hao and her husband, Mr. Tao, demanding that the inappropriate remarks be deleted immediately, an apology be made, and economic losses be compensated.
during the trial, the two sides were still arguing, saying that the public was right and the female was right, which caused a heated discussion. According to the merchant, this kind lady's illness and hospitalization was not caused by eating in her own shop, and there is no conclusive evidence to prove that her vomiting and diarrhea have a causal relationship with this meal. The comments she posted on the Internet have damaged the reputation of the merchants and brought serious losses to the merchants, so she should bear the responsibility of compensation for reputation damage.
However, this kind-hearted lady argued that her family of three ate in the store and only ate seafood. She was hospitalized with the above symptoms and complained to the market supervision department. Her comments on the internet are based on facts, and there is no deliberate fabrication or fiction of facts. Barbecue shops not only don't rectify, but also try to force consumers to praise by this means, which is really inappropriate.
So, did Ms. Hao and her husband Mr. Tao's comments on the Internet affect the reputation of a barbecue restaurant and infringe on its reputation right? To clarify these legal relationships, we must also clarify the legal basis. The definition of reputation right in Chinese law refers to "people's right to evaluate their own objective society and exclude others' infringement." The distinctive feature of tort is that it reduces the social evaluation of the morality, reputation, ability and credit of civil subjects.
however, it is worth noting that China's laws also stipulate that "consumers' criticism and comments on the product quality or service quality of producers, operators and sellers should not be regarded as infringement of others' reputation rights. However, if you take this opportunity to slander and damage your reputation, it should be regarded as infringement of the right of reputation. " In other words, it is ok for consumers to make bad comments on businesses, but they must not be vilified or vilified.
In this case, the good lady thinks that there is a causal relationship between vomiting and diarrhea and eating in barbecue shops, which is in line with the basic cognition of the public. In her initial comments, she only suspected that it was caused by eating food from the barbecue shop, and did not use affirmative words. It's just a good lady's true feelings about the service of the barbecue shop, and she didn't deliberately fabricate facts to discredit the motivation and purpose of the barbecue shop.
Later, Ms. Hao's inappropriate comments in the follow-up comments were also caused by the comments of the barbecue shop, which was in line with human nature. And both comments are displayed in the comment area. For consumers with rational cognition, they will not make bad comments on barbecue shops because good ladies have bad comments on them, but will make corresponding comments based on their independent judgment and cognition.
according to the news of jiangbei district court on March 4, 2121, the court recently held a hearing and pronounced a sentence. We believe that the comments made by Ms. Hao and her husband, Mr. Tao, on a comment website do not constitute an infringement of the right of reputation. In this case, all the claims made by a barbecue shop based on the damaged right of reputation lack factual basis, and we do not support them. Finally, the court rejected all the claims of a barbecue shop according to law.
online comment is a popular online business behavior supervision mode. But in reality, many merchants and network service personnel just want to praise and hate bad reviews. Once you give a bad review, you will be reviled and others will draw swords against each other. Several recent tragedies fully illustrate this point, and we should further think about how to deal with and optimize the network evaluation system.
online comments are positive, and their purpose is to encourage businesses and network service personnel to constantly improve their service methods and improve their service quality in a pertinent evaluation, which is a relatively positive side. Merchants and network service personnel should also treat evaluation with a rational attitude. Although they didn't say that they would accept everything in order, it is obviously not desirable to push the responsibility of bad reviews on them, which should be cracked down and corrected.