Chapter 292: A War of Words with a Group of Laws
The trial proceeded as normal.
One after another, the defendant reporters also elaborated on the event, and unexpectedly, seven of them proactively admitted to intruding into the emergency department to interview Gu Yu.
However, regarding the allegation of defaming Gu Yu, all seven unanimously claimed that they published the news with the impartiality and objectivity of media professionals.
"Regarding the video I published on the Dou Ying platform, I do not believe I bear criminal responsibility, and there are sufficient provisions showing that I merely bear civil liability,"
"At the same time, my client admits to violating Article 1024 of the Civil Code: Civil subjects have the right to reputation.
But also according to Article 1025 of this code: If a person conducts activities such as news reporting or public opinion supervision for public interest and affects another's reputation in the process, they do not assume civil liability,"
"My client, as a media reporter, fits the description of the actor prescribed in Article 1025. Although there has been some deviation in the reporting, it is excusable, and my client is willing to assume partial civil liability."
The defense lawyer for the Modu Times reporter defended his client with an indifferent expression.
Meanwhile, Duan Jun, the journalist from the City Daily, looked up at Gu Yu with an air of calm composure.
Before the trial began, his own lawyer had already assured him that he only had civil liability and that by admitting his mistake and promptly stopping any infringement on Gu Yu's reputation, he could minimize the issue.
Therefore, before coming, he had already deleted the videos he had posted and also published an apology online.
Although he was reluctant to apologize in his heart, he still had to be honest in front of the court.
Turning a criminal dispute into a civil dispute simply meant stopping the infringement, compensating for the loss, and at worst, facing a few days of detention.
Duan Jun and the other defendant journalists exchanged glances, their eyes meeting without much tension.
It was obvious that they had already discussed this privately.
Hearing what the lawyer said, the presiding judge thought for a moment, then communicated briefly with the other judges.
"May I ask the plaintiff's defense lawyer to provide an explanation?"
The presiding judge looked toward Luo San, as he could not just hear one side of the story.
Luo San, seemingly having predicted that the other side would try to mitigate their responsibility, simply stated, "As media reporters, they inherently have great social influence. The video released by your side has been read and spread by millions of people, which has severely affected my client's reputation."
"It also severely hindered my client's daily work and life."
"Your actions have constituted a serious case under Article 246 of the Criminal Law regarding defamation. If your legal studies are lacking, I suggest you take a good look at my video again."
Luo San's eyelids drooped slightly, and the sharp light from his eyes pierced through his glasses directly at Duan Jun's defense lawyer.
Especially the last sentence, which made the opposition flush with anger.
Duan Jun's defense lawyer was seething with resentment in that instant.
Not only was his professional ability questioned, but he was also mocked in such a way!
Going to see Luo San's video implied that he was still unqualified and needed to learn more, right?
He was too angry to speak.
But he couldn't refute what Luo San had said.
Luckily, another defense lawyer took over during this difficult moment.
"My client had already stopped the infringement on your client's reputation before the video caused any severe consequences, and the video posted by my client was a personal act of spreading rumors,"
"According to the provisions of our country's General Principles of Civil Law, if the spreading of rumors infringes upon a citizen's personal reputation or an entity's business reputation, they are responsible for stopping the infringement, restoring reputation, eliminating the impact, apologizing, and compensating for losses."
"Therefore, there is sufficient basis to prove that my client only bears civil liability."
Unable to rely on the Civil Code, this defense lawyer then cited the General Principles of Civil Law, transforming his client's action from defamation to personal rumor spreading.
The defendant journalists, who were initially somewhat panicked, started to cheer up upon hearing this lawyer's defense.
Changing the charge of defamation to personal rumor-mongering, detention is surely better than imprisonment!
At worst, they would just have to compensate Gu Yu with a bit more money; seven people pooling together wouldn't amount to much.
Seeing the admiring looks from everyone, the defense lawyer's face immediately revealed a proud expression.
He even provocatively glanced at Luo San.
But Luo San didn't take his provocation seriously at all; he simply sighed deeply, "Another one who became a lawyer without learning the law properly."
At these words, the lawyer's eyes widened, and his expression was quite indignant.
"According to the regulations, that's just how it is. Can you present any relevant laws to refute me?"
He stared at Luo San, wanting to see how Luo San would respond.
Luo San gently sipped his tea, seemingly finding it a waste of effort to talk to him:
"It's still Article 246 of the Criminal Law, with the newly issued judicial interpretation, which states that using information networks to defame others and inciting mass incidents that lead to public disorder shall be deemed as 'causing serious harm to social order and national interests' as provided in Article 246, Paragraph 2 of the Criminal Law."
"Our client, as a doctor at Haidong University Affiliated Hospital, became the subject of a defamatory video. Following its release, a large number of angry netizens stormed the hospital and blocked its entrance, severely disrupting the normal operation of state medical services and even causing traffic congestion at the hospital's entrance."
"Of course, this is just an offhand remark from me. This is something for you to defend when you are prosecuted."
Luo San spoke his defense in one breath.
The second defendant's lawyer was again left speechless by the retort.
Journalist Duan Jun and the others immediately panicked. Wasn't Gu Yu the only one suing them?
How did it get to public prosecution now?
They hadn't even finished with the private lawsuit yet!
And now there was an official lawsuit as well?
Duan Jun and the others looked at their defense lawyers, who hastily turned their faces away.
The lawyers' faces didn't look very good.
The situation that was supposed to be getting smaller was getting bigger and bigger...
"Why aren't you talking? Aren't you lawyers? Rebut him!" Modu Timely News reporter Wu Hong's face was pale, as she urged the lawyer by her side.
The lawyer kept his mouth tightly shut, not knowing how to counter Luo San.
Truly a master of law, this series of moves was simply impeccable!
"Are you done? Then let me add another point for you?"
Luo San's face showed an invincible loneliness as he delivered another thunderous blow to the defendants in an indifferent tone.
"Aren't you talking about the Civil Procedure Law? Didn't the defense lawyer of this Ms. Wu Hong just say that you've deleted the defamatory video?
Well, according to the Civil Procedure Law, fabricating or destroying important evidence, hindering the People's Court from hearing a case, should be pursued for criminal responsibility according to law."
"..."
The crowd fell silent; Duan Jun and the others felt as if they'd been struck by lightning. How had the issue come full circle from a civil dispute to criminal liability?
All they could feel now was that their minds were in complete disarray.
"Could it be that there's no escape and we're going to jail...?" As the instigator of the whole event, Duan Jun muttered to himself.
Having been a journalist for many years and experienced numerous illegal and criminal incidents, he never expected to be hit so squarely himself.
"No... even if I have to go to jail, I won't let you get off easily!"
He looked across at Gu Yu, who was cozily snuggling with his girlfriend, a relaxed smile on his face, a flash of venom passing through his eyes.
A mutually destructive thought emerged in his mind.
This thought grew stronger in his mind and gradually turned into motivation. Explore hidden tales at empire