On September 19, 2022, the TV series "Bottom Line" on the rule of law was officially launched on Hunan Satellite TV, with Mango TV and Aiqiyi premiering on the whole network. Among them, the case of helping you pull, which was adapted from the real case of the freight forwarder, has aroused widespread controversy in public opinion.

On October 1, 2022, Zhou mou, the owner of the freight forwarder case, said in a statement that the TV series "bottom line" had added many fictional plots that were inconsistent with the facts. for example, the scene of the crime in the play was a path overgrown with weeds, without street lamps and guardrails, while the actual scene was a city road in an industrial park with street lamps and monitoring. In reality, the car did not show fear and uneasiness after proposing deviation, and fierce confrontation as much as in the play; in reality, Zhou did not say "are you sick" to Che as in the play. In reality, Zhou did not act as excited and irrational as in the play when the judge was arraigned. In reality, Zhou's wife never bribed or knelt down to the judge, and the lawyer never instigated the delivery of money. In reality, Zhou's father did not suffer from cancer, and Zhou did not allocate drugs for his father, not to mention the use of mobile phone search "how to let people die unconsciously" and so on. Zhou believes that "Bottom Line" has seriously violated the reputation rights of himself, his family and defense lawyers, and demanded that "Bottom Line" immediately stop broadcasting and revise the relevant parts of the case to help you.

The adaptation of the TV series "bottom line" to the case of the goods Lala
Does Zhou constitute a right of reputation infringement?

First of allZhou has the right of reputation, and Article 1024, paragraph 1, of the Civil Code stipulates: "Civil subjects have the right of reputation. No organization or individual may infringe upon the right of reputation of others by insulting, slandering, etc."

SecondlyThe key to determining whether the TV series "Bottom Line" constitutes an infringement of Zhou's reputation right lies in whether the character "Fu Dalong" in the play is based on Zhou. The character "Fu Dalong" in the play is the driver who "helps you pull". Xie Ling placed an order to move through the network platform. Fu Dalong received the order and drove to Xie Ling's residential area. Xie Ling didn't start to move his luggage downstairs until Fu Dalong arrived, causing Fu Dalong to wait for 39 minutes. In order to reduce the driving time, Fu Dalong did not follow the navigation route and took the path. After the two sides had a verbal dispute, Xie Ling jumped out of the passenger seat and died after rescue. The above main facts are basically consistent with the real-life case.

Article 1027, paragraph 1, of the Civil Code states:"If the literary or artistic works published by the perpetrator describe real people or specific people, contain insulting or defamatory content, and infringe upon the reputation of others, the victim has the right to request the perpetrator to bear civil liability in accordance with the law." Literary and artistic works that describe real people and real things mainly refer to documentary works; describing a specific person as the object means that others can associate a certain role in the literary work with a specific person in reality.

For works that describe the object with a specific person, if the characters in the work are basically the same as the basic characteristics and working environment of the specific person in reality, or the audience can associate the specific person in reality without any suspense after appreciating the work. Although the TV series "Bottom Line" is not a documentary film, and the names of the characters Fu Dalong and Zhou are not the same, Fu Dalong and Zhou are highly consistent with each other in their industries. After seeing the role of Fu Dalong in the case of helping you pull, viewers who have paid close attention to the case of helping you pull, they can associate Zhou in the case of helping you pull without any suspense with a specific person, and the character Fu Dalong is based on Zhou.

FinallyThe specific plot of the play to help you pull the case may be considered by the audience who do not know the truth as the real situation in the case of Lala. If Zhou can prove that the plot in the play is inconsistent with the facts, the script author and the TV drama production unit have insulted or slandered Zhou due to subjective fault in the TV drama creation, and the false plot in the play has caused Zhou's social evaluation to be reduced, Zhou has the right to file a lawsuit to the court, claiming that the script author of the TV drama "bottom line", the TV drama production unit and the broadcasting platform constitute the infringement of reputation right, you can ask to stop broadcasting some of the contents of the TV series "Bottom Line" about helping you pull the case, make an apology, restore reputation and compensate for losses.

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Introduction to the Author

Lawyer Zhou Lin

Full-time lawyer of Beijing Huixiang Law Firm, head of payroll business department, secretary of real estate and construction engineering legal professional committee.

Business areas
Civil and commercial litigation, arbitration

Typical case
1. The case of a dispute over the right of reputation between Luo and Su;
2. A dispute over liability for motor vehicle traffic accidents between Tian and Meng and a property insurance company limited by shares;
3. A dispute over the infringement of the right of information network dissemination of works between Lu and a service center;
4. The lawsuit of Tong Mou, Ma Mou and Feng Mou outsiders in the execution of objection;
5. Xie Mou, Chen Mou 1, Chen Mou 2, Chen Mou 3 Legal Succession Dispute Case;
6. Guo mou and a company intermediary contract dispute case.