· Document Number：Judicial Interpretation No.26 [1998]

· Area of Law： Civil Law

· Level of Authority： Judicial Interpretation

· Date issued：08-31-1998

· Effective Date：09-15-1998

· Issuing Authority： Supreme People's Court

· Status： Effective

Announcement of the Supreme People's Court of the People's Republic of China
(The Interpretation of the Supreme People's Court on Several Issues about the Trial of Cases Concerning the Right of Reputation, which was adopted at the 1002nd meeting of the Judicial Committee of the Supreme People's Court on July 14, 1998, is hereby promulgated and shall come into force as of September 15, 1998)
Interpretation of the Supreme People's Court on Several Issues about the Trial of Cases Concerning the Right of Reputation
(Judicial Interpretation No.26 [1998] Adopted at the 1002nd meeting of the Judicial Committee of the Supreme People's Court on July 14, 1998)
Sine this court printed and distributed the Answers to Some Problems on the Trial of Cases Concerning the Right of Reputation in 1993, the people's courts in various regions have brought forward some questions on the application of laws in the trial of cases concerning the right of reputation. Now the interpretations are given as follows:
I. Q: How to determine the place where the result of tort takes place in a case concerning the right of reputation?
A: When accepting this kind of cases, a people's court may take the domicile of a citizen, legal person or other organization being infringed on as the place where the result of tort takes place.
II. Q: Whether a people's court must accept a dispute over the right of reputation resulted from the carrying of a letter or essay on a publication or material as compiled and printed by a relevant organ or organization for the internal reference by its leadership department or resulted from the contents in a general internal publication or material as distributed by an organ, social group, academic institution, enterprise or public institution within its own entity or system or another certain scope?
A: For the carrying of a letter or essay on a publication or material as compiled and printed by a relevant organ or organization for the internal reference by its leadership department, if one party files a lawsuit with a people's court for the reason that the contents in said letter or essay infringe on his right of reputation, the people's court will not accept the case.
A dispute over the right of reputation resulted from the contents in a general internal publication or material as distributed by an organ, social group, academic institution, enterprise or public institution within its own entity or system or another certain scope shall be accepted by a people's court.
III. Q: Whether a people's court must accept a dispute over the right of reputation resulted from the reprinting of a work by a news medium or publishing agency?
A: For the reprinting of a work by a news medium or publishing agency, if one party files a lawsuit with a people's court for the reason that the reprinting entity infringes on his right of reputation, the people's court shall accept the case.
IV. Q: Whether a people's court must accept a dispute over the right of reputation resulted from a conclusion made by a state organ, social group, enterprise or public institution to its staff member upon the strength of authority?
A: For a conclusion or punishment decision made by a state organ, social group, enterprise or public institution to its staff member upon the strength of authority, if one party files a lawsuit with a people's court for the reason that his right of reputation is infringed on, the people's court will not accept the case.
V. Q: Whether a people's court must accept a dispute over the right of reputation resulted from impeachment or accusation?
A: Where a citizen impeaches or accuses the illegal act or wrongdoing of another person to the relevant authority, if the other person files a lawsuit with a people's court for the reason that his right of reputation is infringed on, the people's court will not accept the case. Where a citizen insults or slanders another person by resorting to impeachment or accusation and thus causes damage to the right of reputation of that person, if the other person files a lawsuit with a people's court for the reason that his right of reputation is infringed on, the people's court shall accept the case.
VI. Q: Whether a reputation dispute, which is resulted from the reporting of a public document or administrative act of a state organ by a news agency, will constitute a tort?
A: Where a news agency gives a report on the basis of the document publicized by a state organ upon the strength of authority or the administrative act as publicly implemented, if the report is objective and accurate, it will not constitute an infringement on the right of reputation of another person; if the report is inconsistent with facts or the news agency refuses to correct its report when the said document or administrative act has been publicly corrected, and which thus causes damage to the reputation of another person, it will constitute an infringement on the right of reputation of another person.
VII. Q: Whether a dispute over the right of reputation resulted from the provision of press materials will constitute a tort?
A: Whether a dispute over the right of reputation resulted from the provision of press materials will constitute a tort shall be decided according to the following circumstances:
1. Where the voluntary provision of press materials causes damage to the reputation of another person, it shall be affirmed as the damage to the right of reputation of another person; or
2. Where the press materials are provided in a passive interview, and the news agency illegally publishes the said press materials without consent of the provider, if the reputation of another person is thus damaged, the provider shall generally not be affirmed as the tortfeasor; where, although the press materials are provided in a passive manner, the carrying of them is agreed or acquiesced by the provider, if the reputation of another person is thus damaged, the provider shall be affirmed as the tortfeasor.
VIII. Q: Whether a dispute over the right of reputation resulted from the disclosure that a patient is suffering from gonorrhea, syphilis, leprosy, AIDS, etc. by a medical and hygiene institution will constitute a tort?
A: Where a staff member of a medical and hygiene institution illegally discloses that a patient is suffering from gonorrhea, syphilis, leprosy, AIDS, etc., if the patient's right of reputation is thus damaged, it will constitute an infringement on the patient's right of reputation.
If a medical and hygiene institution only informs the patient or his family member of an illness, it will not constitute an infringement on the patient's right of reputation.
IX. Q. Whether a dispute over the right of reputation resulted from the criticism or comment on the quality of products or services will constitute a tort?
A. Where a consumer criticizes or comments on the quality of products or services of a producer, operator or seller, it will not constitute an infringement on the right of reputation of another person, unless the consumer makes this opportunity to slander or defame the reputation of another person.
Where a news agency criticizes or comments on the quality of products or services of a producer, operator or seller, if the contents are basically consistent with the facts and do not contain an insult, it will not constitute an infringement on the right of reputation; if the main contents are inconsistent with the facts, and damage the reputation of another person, it will constitute an infringement on the right of reputation.
X. Q. How to determine the scope and amount of compensation for the production, operation and sales losses resulted from the infringement on the right of reputation?
A. The scope and amount of compensation for the production, operation and sales losses resulted from the infringement on the right of reputation may be properly determined according to the degree of losses from return of goods or rescission of contracts due to the tort.
XI. Q. How to hear a dispute over the right of reputation that is mixed with any other civil disputes by a people's court?
A. When a dispute over the right of reputation is mixed with any other civil disputes, a people's court shall hear the dispute based on the choice of the party concerned. For several kinds of claims as brought forward, a people's court may, according to the relevant provisions in the Civil Procedure Law of the People's Republic of China and the actualities of a case, consolidate the said claims if possible; or notify the party concerned to file a new lawsuit if the said claims can not be consolidated.