Law

"Roast merchants" are awarded compensation, and there is a boundary for free criticism

2025-08-29   

A consumer named Jing Mou posted a roast on WeChat called "The Universal Wall of a University in Liaoning (Confession Wall)" about the poor quality of dishes in a barbecue restaurant in Dalian, which caused acute gastroenteritis once eaten. The owner of the barbecue restaurant sued Jing to the Lushunkou District People's Court in Dalian. On August 4th, the court ruled that Jing had infringed and compensated the barbecue restaurant for an economic loss of 5000 yuan. The barbecue restaurant believes that the diagnosis provided by Jing was three days after eating at the barbecue restaurant, and cannot prove that the stomach was damaged by eating in the barbecue restaurant. If Jing believes that he experienced vomiting and diarrhea after consuming at the barbecue restaurant, he can definitely report it to the barbecue restaurant or file a complaint with the market supervision department, instead of making false statements on the school confession wall, which will affect the reputation of the barbecue restaurant and lead to poor business. The court supported the barbecue restaurant's claim because the content posted by Jing was untrue and had a real impact on the restaurant's reputation. However, it is difficult to prove that Jing's acute gastroenteritis was caused by eating in a barbecue restaurant for three days. Jing's way of safeguarding his rights is obviously inappropriate. This case has taught a lesson to all consumers. The freedom of negative comments has boundaries and cannot be exceeded. When exercising the power of supervision and criticism, one must strike a balance and avoid malicious negative comments that make one unreasonable and affect normal rights protection. On online platforms, the phenomenon of consumers' excessive rights protection is not uncommon. Some consumers have weak legal awareness and speak excessively when defending their rights, which damages the reputation and related rights of businesses, and may also mislead consumers. Some are even suspected of extortion or disrupting the normal order of market transactions. The Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Reputation Rights Cases states: "Consumers who criticize or comment on the product quality or service quality of producers, operators, or sellers should not be deemed to have infringed upon the reputation rights of others, but those who take the opportunity to defame, defame, or damage their reputation should be deemed to have infringed upon their reputation rights." For consumers, when evaluating consumption, they should not "evaluate it as they want", but should conduct objective evaluations to avoid evaluations that are suspected of insulting or defamatory, or profit from malicious negative evaluations. Consumers should protect their rights correctly and in accordance with the law, and their rights should also be protected effectively. For example, if Jing feels that the quality of the dishes in the barbecue restaurant is poor, he can file a complaint through legitimate channels such as the market supervision department or call the "12315" hotline, and also obtain relevant evidence. Only in this way can his rights protection be more efficient and effective. "Roast" on the social platform should also be truthfully described, and do not make extreme or untrue statements, so as to avoid falling into the dilemma of rights protection and infringement. Online platforms should also strengthen the management of various consumer rights protection posts, videos, etc. They should not only open up channels for netizens to protect their rights, but also guard against "malicious negative reviews". For some content that claims to protect rights but clearly infringes on the legitimate rights and interests of others, it should be dealt with through reminders, deletions, and other means. In addition, the platform needs to further improve and optimize the service evaluation system, guiding consumers to truthfully evaluate and speak rationally. Relevant departments should also take active action, attach importance to the phenomenon of online rights protection, listen to the voices of the people, and make good use of online rights protection and other means to strengthen consumer market governance; At the same time, it is necessary to strengthen supervision and punish illegal acts that infringe on the rights and interests of others, whether they are consumers or businesses, in accordance with the law. This can prevent the internet from becoming a lawless place and promote the maturity and orderliness of the consumer market. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Beijing Youth Daily

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