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上一次讲座说了揭露犯罪行为的报道如有局部性的失实不应认为侵害名誉权。但是这并不等于说对于罪犯不管怎么批都不会发生名誉权问题。有这样一个案子:有位国有企业总经理因受贿被判刑,有篇通讯在报道他的犯罪事实时多次使用了职工平时骂他的语词,还渲染他同他的女副手之间的“桃色新闻”。他刑满出狱后就起诉通讯作者侵害了他的名誉权,法院两审都判决侵权成立。法院认为文章有部分事实失实,也就是说尚不属于基本内容失实;法院主要根据文章使用辱骂语词和涉及隐私问题,认定对当事人的名誉造成了损害。这种损害,并不是非法降低他的
The last lecture said that the disclosure of criminal reports should not be considered as infringing on the rights of reputation if it is localized. However, this does not mean that the issue of fame will not occur to criminals regardless of their approval. There is a case in which a general manager of a state-owned enterprise was sentenced for taking bribes. Some of the articles reported many times during the coverage of his crimes about the words his staff usually scolded him and also rendezvous between him and his first wife’s “peach news”. When he was released from jail, he prosecuted the author of the communication for violating his reputation, and both courts of the court ruled that the infringement was established. The court held that some of the articles were factually inaccurate, that is to say, they did not belong to the original content. The court mainly used the verbal abuse and privacy issues to determine the damage to the reputation of the parties. This damage is not an unlawful reduction of him