Remember the article we published last month: WeChat Group Admin Kicks Users out From Group Maybe Sued&Fined?
Well, the case was finally settled just a few days ago!
Highlights of the trials verdict:
1. Dismissed the plaintiff's lawsuit; case acceptance fee totaled RMB 500, non-refundable.
2. Whoever creates a group chat is liable and responsible for what happens inside the group.
3. The legal causes that do not constitute tort civil proceedings do not fall within the scope of civil proceedings accepted by the People's Courts.
What was the story behind this trial?
On January 22, Liu Kongsheng, a lawyer in Qingdao, was kicked out of a WeChat group, which led to a heated argument between him and the group admin over a screenshot shared from Weibo about police enforcement.
After requesting to be added back into the group in vain, he decided to escalate the argument and took it to court.
Liu Kongsheng sued his colleague Liu Dezhi, the presiding judge of Pingdu Court, and admin of the WeChat group.
Claiming to defend his rights, he sued Liu Dezhi on the grounds that despite having requested to be added back into the group and apologized for 3 consecutive days, he was still not allowed in. He demanded RMB 10,000 for emotional damages.
Liu Kongsheng said, I believe he had no right to arbitrarily kick me, or anyone else, out of the group. There were no group regulations stipulated and I haven't done anything that would be considered going overboard.
The dispute was filed at the Pingdu Municipal Peoples Court on February 22, 2019.
The Litigation Service WeChat Group would later be dissolved by Liu Dezhi as the admin.
The plaintiff then tweaked his demands to the following:
A written or video-recorded apology from the defendant
RMB 20,000 for emotional damages.
The court held that the act of "being removed from a group chat" was within the scope of a person's consensual autonomy.
The group admin did not make a negative evaluation of his reputation and honor. The claim of making an apology and providing compensation for potential losses is here based on the removal of the group member by the group admin.
Consequently, this does not constitute a legal cause for bringing a civil action, nor does it fall within the scope of the People's Court to accept this case.
Source:
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