Eddie Peng sued micro-blog and V users for infringement of reputation rights, and was awarded 270 thousand yuan.

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 Eddie Peng sued micro-blog and V users for infringement of reputation rights, and was awarded 270 thousand yuan.


On the afternoon of Nov. 1, Shanghai First Intermediate Peoples Court (hereinafter referred to as Shanghai First Intermediate Court) opened the second trial of Peng Yuyans lawsuit against Chen Mou, a drinks company, a video App company and an audio network company (hereinafter referred to as Chen Mou and Three Companies) for infringement of reputation.

Shanghai First Intermediate Court maintained the establishment of reputation infringement in the first instance. Chen Mou and three companies issued an apology statement to Peng Yuyan, Chen Mou and a beverage company made a total compensation of more than 270,000 yuan, and a video App company and an audio network company took part in the joint and several liabilities for compensation.

In 2017, Chen wrote on his microblog that the Eight Diagrams account claims that Peng Yuyan has a close relationship with a male fund investor. Although Peng Yuyans studio had written to dispel rumors before, the article still mentioned that the latent rules of the financial big man should be popular, and wrote that Peng Yuyan accepted the latent rules in exchange for multiple brand endorsements.

A few days later, a beverage company also published this article on its WeChat public address. After that, the drinks company and Chen Mou released similar content through a video App company in the form of dialogue, and Chen Mou also published audio content consistent with his micro-blog articles on a large audio website.

After that, Eddie Pengs negotiations on a negotiated endorsement were indefinitely shelved. Hence, Peng Yuyan brought Chen Mou and the three companies together to court, demanding a public apology for the infringement of reputation, and compensating them for their economic losses and spiritual comforts totalling more than 1.21 million yuan.

After trial, the court of first instance found that the acts of Chen Mou and the three companies constituted a reputation infringement on Peng Mou-mou. It ruled that Chen Mou and the three companies issued an apology statement to Peng Yuyan, Chen Mou and a beverage company made a total compensation of more than 270,000 yuan, and that a video App company and an audio network company were jointly and severally liable for part of the compensation.

Chen and three companies refused to accept the appeal to the Shanghai intermediate court.

Chen Mou and the three companies appealed that their actions did not infringe on Peng Yuyans reputation and demanded a change of sentence to reject all of Peng Yuyans appeals against them. Peng Yuyan said that there were obvious infringements on articles and video content published by Chen Mou and a beverage company. Video and audio companies were also liable for not deleting such content in time.

The second instance of Shanghai First Intermediate Court held that Peng Yuyans studio had issued a rumor statement on Weibo before the incident, which had certain publicity effect, while Chen Mou, as a user of Weibo plus V, still published content lacking objective basis. Moreover, the content of the article has obvious insulting nature from the title to the wording, which easily causes readers to misunderstand Peng Yuyan and reduce social evaluation. Chen publishes similar content in the form of text, video and audio on many social platforms. His subjective fault is obvious and he should bear the corresponding legal responsibility.

One hospital said that a beverage company should also take legal responsibility to publish Chens article. A video App company and an audio website, as network service providers of video and audio content in the case, fail to identify such vulgar and infringing content and take necessary measures to delete it in time, so they should bear the corresponding joint and several liability.

In summary, the Shanghai intermediate court rejected the appeal and upheld the original judgment.

Micro-blog plus V users claim that Eddie Peng accepted the hidden rules and was prosecuted for compensation 270 thousand.

The second instance of Shanghai First Intermediate Court held that Peng Yuyans studio had issued a rumor statement on Weibo before the incident, which had certain publicity effect, while Chen Mou, as a user of Weibo plus V, still published content lacking objective basis. Moreover, the content of the article has obvious insulting nature from the title to the wording, which easily causes readers to misunderstand Peng Yuyan and reduce social evaluation. Chen publishes similar content in the form of text, video and audio on many social platforms. His subjective fault is obvious and he should bear the corresponding legal responsibility.