In January this year, director Liu Xinda was sentenced to invasion of privacy due to the inquiry and release of Lin Shengbin’s flight records. Liu Xinda was dissatisfied with the verdict and believed that his inquiry and publication of Lin Shengbin's travel records was legitimate public opinion supervision, so he filed an appeal.
reporters learned that on September 10, the second instance court made a judgment: rejecting the appeal and upholding the original judgment. The court ruled that Liu Xinda's method of obtaining the above information was not legal, and publishing the above information on a public network platform constituted an infringement of other people's private information.
0 at 10:43 pm, Liu Xinda publicly released an apology statement on his personal social account. In the statement, Liu Xinda said that he had no choice but to apologize publicly out of respect for the court's effective judgment.
Source: @ seventh generation director liu xinda
In June 2017, the "nanny arson incident" in Hangzhou resulted in the death of a mother and three children, which attracted widespread attention. After the incident, there was a voice saying that "the husband of the deceased hostess Lin Shengbin was suspected of committing the crime." Lin Shengbin told the media at the time that he flew from Guangzhou to Hangzhou in the early morning of the incident and was not at the scene of the crime.
In August 2021, the Hangzhou Joint Investigation Team issued a notice stating that after investigation in accordance with the law, no fact was found that Lin Shengbin participated in the planning and implementation of the "Blue Qianjiang Fire Case".
Liu Xinda has been following this case for a long time and is skeptical of Lin Shengbin’s above remarks.
On the morning of November 19, 2021, Liu Xinda posted on his Weibo account with more than one million fans: "Liu Xinda has called all airlines, including China Eastern Airlines, Air China, China Southern Airlines, etc., on June 22, 2017 On that day and in the previous days, no record of Lin Shengbin's flight was found. In other words, during the arson incident, Lin Shengbin said that he was on a business trip in Guangzhou, which was a complete lie. "
That night, Liu Xinda posted on Weibo again, saying, "China Eastern Airlines. No flight record of Lin Shengbin in June 2017 was found," and a recording of a call between him and China Eastern Airlines staff was attached, which lasted 11 minutes and 52 seconds. The
call recording shows that Liu Xinda said to the China Eastern Airlines staff, "I'll check Lin Shengbin's flight records in June 2017." After the airline staff replied "There are no records in June 2017," Liu Xinda continued to check Lin Shengbin's flight records from 2015 to 2021. years of flight records, and the other party responded with the itinerary information for the above time period.
Soon, netizens discovered that the Weibo post with the recording was no longer visible. The next morning, Liu Xinda posted on Weibo that he had not deleted the China Eastern Airlines recording, but had temporarily set the recording to be visible only to himself.
Liu Xinda’s Weibo. Source: Party account
Judicial materials obtained by reporters indicate that an earlier recording of a call between Liu Xinda and a China Eastern Airlines staff member showed that Liu Xinda said "there are a few friends who want to check together" and said it was to check the status of flight mileage points. Report Lin Shengbin’s name, ID card number, and multiple addresses for identity verification.
Liu Xinda told reporters that Lin Shengbin's identity information was provided by netizens. He publicly posted the recording of the call with China Eastern Airlines on the Internet to "expose Lin Shengbin's lies." At the same time, he also reported the relevant situation to the judicial authorities with his real name.
In May 2022, Lin Shengbin took China Eastern Airlines Co., Ltd. and Beijing Weimeng Chuangke Network Technology Co., Ltd., the operating company of the Weibo platform, to court. During the trial, Lin Shengbin applied to add Liu Xinda as a co-defendant and withdrew the lawsuit against China Eastern Airlines Co., Ltd.
In January 2024, the court of first instance ruled that Liu Xinda constituted an infringement of Lin Shengbin’s privacy rights. Liu Xinda filed an appeal.
html On September 10, Liu Xinda told reporters that on that day, the Beijing No. 4 Intermediate People's Court made a second-instance judgment on the case.The court ruled that after review, first of all, the evidence in the case showed that Liu Xinda obtained and used Lin Shengbin’s identity information without authorization or consent, and obtained Lin Shengbin’s China Eastern Airlines flights from 2015 to 2021. information, therefore Liu Xinda’s method of obtaining the above information is not legal.
Secondly, the evidence in the case also shows that Liu Xinda posted the above information on a public network platform for unspecified people to discuss and evaluate Lin Shengbin, and the time period of Liu Xinda’s disclosed itinerary information far exceeded the time period of hot events, so Liu Xinda was on the public network The platform's behavior of publishing the above information constituted an infringement of other people's private information. The court of first instance found that Liu Xinda's behavior constituted an infringement of Lin Shengbin's privacy rights. It was not inappropriate.
The court ruled that the behavioral information raised by Liu Xinda was not only evidence concerning whether Lin Shengbin was suspected of a major crime, but also an important criminal investigation clue. In view of the fact that the competent authorities have made corresponding determinations on the criminal facts, and the above opinions were not obtained by Liu Xinda There are also statutory exemption reasons for disclosing Lin Shengbin’s personal information, so the appeal submitted by Liu Xinda will not be accepted.
In the end, the court ruled: the appeal was dismissed and the original judgment was upheld.
In January this year, director Liu Xinda was sentenced to invasion of privacy due to the inquiry and release of Lin Shengbin’s flight records. Liu Xinda was dissatisfied with the verdict and believed that his inquiry and publication of Lin Shengbin's travel records was legitimate public opinion supervision, so he filed an appeal.
reporters learned that on September 10, the second instance court made a judgment: rejecting the appeal and upholding the original judgment. The court ruled that Liu Xinda's method of obtaining the above information was not legal, and publishing the above information on a public network platform constituted an infringement of other people's private information.
0 at 10:43 pm, Liu Xinda publicly released an apology statement on his personal social account. In the statement, Liu Xinda said that he had no choice but to apologize publicly out of respect for the court's effective judgment.Source: @ seventh generation director liu xinda
In June 2017, the "nanny arson incident" in Hangzhou resulted in the death of a mother and three children, which attracted widespread attention. After the incident, there was a voice saying that "the husband of the deceased hostess Lin Shengbin was suspected of committing the crime." Lin Shengbin told the media at the time that he flew from Guangzhou to Hangzhou in the early morning of the incident and was not at the scene of the crime.
In August 2021, the Hangzhou Joint Investigation Team issued a notice stating that after investigation in accordance with the law, no fact was found that Lin Shengbin participated in the planning and implementation of the "Blue Qianjiang Fire Case".
Liu Xinda has been following this case for a long time and is skeptical of Lin Shengbin’s above remarks.
On the morning of November 19, 2021, Liu Xinda posted on his Weibo account with more than one million fans: "Liu Xinda has called all airlines, including China Eastern Airlines, Air China, China Southern Airlines, etc., on June 22, 2017 On that day and in the previous days, no record of Lin Shengbin's flight was found. In other words, during the arson incident, Lin Shengbin said that he was on a business trip in Guangzhou, which was a complete lie. "
That night, Liu Xinda posted on Weibo again, saying, "China Eastern Airlines. No flight record of Lin Shengbin in June 2017 was found," and a recording of a call between him and China Eastern Airlines staff was attached, which lasted 11 minutes and 52 seconds. The
call recording shows that Liu Xinda said to the China Eastern Airlines staff, "I'll check Lin Shengbin's flight records in June 2017." After the airline staff replied "There are no records in June 2017," Liu Xinda continued to check Lin Shengbin's flight records from 2015 to 2021. years of flight records, and the other party responded with the itinerary information for the above time period.
Soon, netizens discovered that the Weibo post with the recording was no longer visible. The next morning, Liu Xinda posted on Weibo that he had not deleted the China Eastern Airlines recording, but had temporarily set the recording to be visible only to himself.
Liu Xinda’s Weibo. Source: Party account
Judicial materials obtained by reporters indicate that an earlier recording of a call between Liu Xinda and a China Eastern Airlines staff member showed that Liu Xinda said "there are a few friends who want to check together" and said it was to check the status of flight mileage points. Report Lin Shengbin’s name, ID card number, and multiple addresses for identity verification.
Liu Xinda told reporters that Lin Shengbin's identity information was provided by netizens. He publicly posted the recording of the call with China Eastern Airlines on the Internet to "expose Lin Shengbin's lies." At the same time, he also reported the relevant situation to the judicial authorities with his real name.
In May 2022, Lin Shengbin took China Eastern Airlines Co., Ltd. and Beijing Weimeng Chuangke Network Technology Co., Ltd., the operating company of the Weibo platform, to court. During the trial, Lin Shengbin applied to add Liu Xinda as a co-defendant and withdrew the lawsuit against China Eastern Airlines Co., Ltd.
In January 2024, the court of first instance ruled that Liu Xinda constituted an infringement of Lin Shengbin’s privacy rights. Liu Xinda filed an appeal.
html On September 10, Liu Xinda told reporters that on that day, the Beijing No. 4 Intermediate People's Court made a second-instance judgment on the case.The court ruled that after review, first of all, the evidence in the case showed that Liu Xinda obtained and used Lin Shengbin’s identity information without authorization or consent, and obtained Lin Shengbin’s China Eastern Airlines flights from 2015 to 2021. information, therefore Liu Xinda’s method of obtaining the above information is not legal.
Secondly, the evidence in the case also shows that Liu Xinda posted the above information on a public network platform for unspecified people to discuss and evaluate Lin Shengbin, and the time period of Liu Xinda’s disclosed itinerary information far exceeded the time period of hot events, so Liu Xinda was on the public network The platform's behavior of publishing the above information constituted an infringement of other people's private information. The court of first instance found that Liu Xinda's behavior constituted an infringement of Lin Shengbin's privacy rights. It was not inappropriate.
The court ruled that the behavioral information raised by Liu Xinda was not only evidence concerning whether Lin Shengbin was suspected of a major crime, but also an important criminal investigation clue. In view of the fact that the competent authorities have made corresponding determinations on the criminal facts, and the above opinions were not obtained by Liu Xinda There are also statutory exemption reasons for disclosing Lin Shengbin’s personal information, so the appeal submitted by Liu Xinda will not be accepted.
In the end, the court ruled: the appeal was dismissed and the original judgment was upheld.
Source: Social account of the parties involved, Jiupai News, Red Star News
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