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Ba Zuo Nan sued CCTV for infringement, and the court of first instance rejected all his claims

On December 8, 2018, passenger Luo had a dispute with the train attendant because he crossed the station and refused to make up his ticket. On December 11 of that year, the "China News" column of CCTV's Chinese international channel and the "first time" column of the financial channel reported the incident under the titles of "men's arrogant 'bully shop' refusing to make up tickets and disturbing the order and being detained" and "reappearance of both of them being detained". Recently, Luo sued CCTV to the court for believing that his right of reputation had been violated. On January 8, 2020, the people's Court of Haidian District of Beijing publicly pronounced the case in the first instance and rejected all the claims of Luo.

Obviously, he has crossed the station and occupied the berth without making up the ticket. Obviously, the party concerned has violated the relevant regulations for passengers to take the train. When his behavior was exposed by CCTV as a case, he sued the media on the ground that his reputation right was violated. It can be seen that he not only lacked deep reflection on his mistakes, but also knew nothing about the common sense of news media reporting.

News media is the recorder and lookout of society. The media have the responsibility to report social phenomena and events related to public interests. During the period when CCTV broadcast relevant reports, violations of railway transportation rules such as' bullying seats' and 'bullying shops' occurred frequently, affecting the normal travel of passengers and becoming a hot issue of social concern.

The media expose those personal behaviors that violate laws and regulations and undermine public order and good customs in order to more objectively and accurately show relevant problems and promote public attention and problem solving. Therefore, those who are familiar with the law and common sense of news reporting will pay attention to and recognize the role of cases. Without the specific presentation of cases, there will be no detailed news reports, and the role of public opinion supervision can not be brought into full play. From the report of Sun Zhigang's case promoting the abolition of the asylum system to the report of huggele pattern witnessing the process of correcting unjust, false and wrong cases, the news media promote social progress by reporting cases together.

Truth is the life of news. The premise of media reporting cases is to grasp the authenticity of news. This is consistent with the law that "it is prohibited to damage the reputation of citizens and legal persons by means of insult and slander". After hearing, the Beijing Haidian court held that CCTV's report on "Luo's train arrest" was a real event that Luo disturbed social public order on the train and was subjected to administrative punishment. The content was true based on the punishment decision made by Wuhan Railway Public Security Department. CCTV's reports and comments express restraint, reflect the principle of balance, meet the professional standards of news operation, and do not constitute insult and slander to the reported objects.

Although the incident occurred in public transport, CCTV blurred the names of the parties and mosaic their faces in the report. It can be considered that CCTV has done enough to protect the parties. According to the information provided by the report itself, it is difficult for outsiders who are not familiar with the party Luo to infer his true identity, which is naturally difficult to constitute damage to his reputation.

Of course, as the court said in its judgment, after CCTV broadcast the video involved, Luo's personal reputation will indeed be affected in his life circle. However, when a person is exposed by the media because of violations of laws and regulations, in the final analysis, it is due to his improper behavior. The media that pointed out his mistakes should not be blamed for damaging his reputation.

It is reported that Luo, a 'bully' man, is a professional lawyer. As a professional with legal knowledge, Luo not only violated the relevant laws and regulations of railway transportation, but also made a big fuss about the normal critical reports of the media. His words and deeds deviated from his legal literacy. As the court said in its judgment, Luo should fully predict the adverse consequences caused by his illegal act and bear the corresponding consequences. At present, the court of first instance rejected all his claims and gave a just answer loudly.

China's laws fully guarantee the media's right to supervise and report, and the people's right to know, participate, express and supervise according to law. The judiciary and the media jointly safeguard social fairness and justice and promote the progress of the rule of law. The people's courts and the news media share the responsibility and value pursuit. The judicial organ rejected the lawsuit request of the "bully" man in accordance with the law, defended the media's right to report, reiterated the common sense of news reporting, took a "rule of law class" for the disputes involving the reputation right of the news media, and realized the benign interaction between justice and the media.

Source: China Youth Daily