WeChat rumors are difficult to contain Kangzhi Pharmaceutical to sue Tencent
A rumor, entangled for nearly half a year, finally let Kang Zhi Pharmaceutical put Tencent to court. Li Youquan, vice president of Kangzhi Pharmaceutical, told reporters: "We are forced to sue Tencent." The rumors are a wave of unrest in the WeChat circle of friends, which has caused continuous damage and caused serious damage to the brand's reputation. Kangxi Pharmaceutical announced on the evening of January 6 that the relevant lawsuit has been accepted by the People's Court of Xiuying District of Haikou City recently. This is the first time that the Supreme People's Court (hereinafter referred to as the "Supreme Court") conducted a judicial interpretation of the network infringement dispute in October last year. For the first time, a listed company sue the network service provider to the court in the name of rumor rights. Liu Haiyang, the lawyers in charge of the case and Kang Zhi Pharmaceutical's attorney, told reporters that after the introduction of the new judicial interpretation, how the court understands and implements is the discretion of the court. In the future, whether the network infringement can break the status quo, this The case has a reference. Unstoppable rumors The lawsuit was due to a rumor. Li Youquan told reporters that Kangzhi Pharmaceutical discovered in July last year a case of five children killed in the company's "Ruizhiqing" Nimesululi granules. "This product has been on the market for many years. The influence and reputation are relatively high. And the brand covers several products below, which is a category." "After discovering this news, we reported the case to the public security organs in August. Later, the investigation found that the content of the news was not true." Li Youquan said that the rumor was started by a doctor who had issued an "apology" The spread of rumors was explained, and the company also explained the rumors in traditional media and company announcements. "But this rumor is unstoppable." Li Youquan is very helpless. "We originally intended to curb the spread of rumors through rumors, but the facts are not as simple as we imagined, especially through the WeChat circle of friends. From October onwards, this rumor is a wave of unrest, a wave of Since then, our rumors have had little effect, and there are new versions. We have published hundreds of public rumors in our own statistics, and some public numbers still have a large size of millions of fans. We don’t know. There is no push behind these." The reason why this is so tight, and the main body of this rumor, "Rui Zhiqing" is related to an important brand of Kangzhi Pharmaceutical. The brand's products cover five series of drugs such as children's fever, cold, diarrhea and anti-infection. Nimesulide granules involved in the second rumor were the majority of Kangzhi Pharmaceutical's revenue and profit before 2011. According to a recent research report by Guosen Securities, the sales of this product remained at 1 in 2012-2014. About 100 million yuan, Kangzhi Pharmaceutical is the largest Nimesulian manufacturer in China. In 2013, Kangzhi Pharmaceutical's total revenue was 309 million yuan. "This incident has already affected the company's performance." Li Youquan said frankly to the reporter, but the situation has not been finally counted, and it is necessary to conduct an in-depth investigation of the terminal to know how much the impact is. "The most direct impact is that many terminals I have already verified the incident with the company, and people are constantly asking for proof, which makes us feel that the rumors have not been contained." First complaint network service provider "This rumor spread makes us feel that it is very difficult to carry out network rights protection." Li Youquan said that for massive forwarding, he was unable to determine which ones were malicious, and he could not fully understand the overall situation of rumors by his own statistics. "Therefore, we hope that Tencent can provide the name, contact information and other content of some micro-signal users who have determined the infringement, in order to further safeguard their rights." Liu Haiyang said that he had previously communicated with Tencent on this matter, and WeChat has deleted the above rumors. However, Tencent declined to protect the privacy of the user. In fact, according to the “Regulations on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Information Communication Rights in Information Systems†issued by the Supreme Court in October 2014 (hereinafter referred to as “regulationsâ€), it seems that an enterprise that has been entangled in rumors has been provided with an act of defending rights. The method, because the fourth article of the regulation stipulates that “the plaintiff sues the network service provider and the network service provider defends the information on the allegedly infringing information network user, the people’s court may, according to the plaintiff’s request and the specific circumstances of the case, The network service provider is ordered to provide the people's court with information such as the name (name), contact information, and network address of the network user who can identify the alleged infringement." "Previously, for network infringement incidents, only individuals can be charged. For example, a public account, the relevant network provider only needs to delete the rumors, but this article requires the network service provider to provide relevant information under certain circumstances. †Zhao Zhan, a third-party lawyer in Beijing, told this reporter that in the case of the case, according to the requirements of the Supreme Court, the plaintiff only needs to provide the preliminary evidence of the “suspected infringement†of the relevant public number. "However, the case actually has another way of handling. The plaintiff directly sued the public number, and the court asked the network service provider to provide relevant information." Fresh Double Packed Sweet Corn
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