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#东航就林生斌隐私权案提起上诉#
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Recently, the reporter learned from the Tianyancha APP that Lin Shengbin and China Eastern Airlines Co., Ltd. related privacy rights, personal information protection disputes have added a new second-instance trial announcement, the appellant is China Eastern Airlines Co., Ltd., the case will be heard in Shanghai No. 1 Intermediate People's Court on July 10.
According to the information on the process of the case, the first instance of the case has been heard several times last year and this year.
Previously reported
In June 2017, a nanny arson incident in Hangzhou killed a mother and three children, causing widespread concern. After the incident, there was a voice saying that "Lin Shengbin, the husband of the murdered hostess, is suspected of committing the crime", and Lin Shengbin told the media at the time that in the early morning of the day of the crime, he flew from Guangzhou to Hangzhou by plane and was not at the scene of the crime.
Director and writer Liu Xinda has been following the case for a long time and is skeptical of Lin Shengbin's above remarks.
On the morning of November 19, 2021, Liu Xinda posted a message on his Weibo account with millions of followers: "Liu Xinda has called all airlines, including China Eastern Airlines, Air China, China Southern Airlines, etc., and on June 22, 2017 and a few days ago, there was no record of Lin Shengbin's flight, that is, during the arson case, Lin Shengbin said that he was completely lying about his business trip in Guangzhou." ”
That evening, Liu Xinda posted on Weibo again that "China Eastern Airlines did not find Lin Shengbin's flight records in June 2017", and attached a recording of a call between him and China Eastern Airlines staff, which lasted 11 minutes and 52 seconds. The call recording shows that Liu Xinda said to the staff of China Eastern Airlines, "I will check Lin Shengbin's flight records in June 2017", and after the airline staff replied that "there was no record in June 2017", Liu Xinda continued to inquire about Lin Shengbin's flight records from 2015 to 2021, and the other party replied with the itinerary information for the above time period.
Soon, netizens discovered that the Weibo with the recording was no longer visible. The next morning, Liu Xinda posted on Weibo that he did not delete the recording of China Eastern Airlines, but only temporarily set the recording to be visible only to himself.
According to the judicial materials obtained by the media, an earlier recording of a phone call between Liu Xinda and China Eastern Airlines staff shows that Liu Xinda said that "there are still a few friends who want to check it together", saying that in order to check the status of flight mileage points, Lin Shengbin's name and ID card number were reported, and multiple addresses were reported for identity verification.
Liu Xinda told the media that Lin Shengbin's identity information was provided by netizens, and that he posted the recording of the call with China Eastern Airlines on the Internet at that time 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. (hereinafter referred to as "Weimeng"), 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.
However, according to Tianyancha's legal information, Lin Shengbin has sued China Eastern Airlines Co., Ltd. for privacy and personal information protection disputes, and the case has issued court announcements many times, and the court hearing the case is the Shanghai Pudong District People's Court.
In addition, in response to director Liu Xinda's inquiry and publication of Lin Shengbin's flight records, in January this year, the court ruled that Liu Xinda constituted an infringement of Lin Shengbin's privacy. Liu Xinda was dissatisfied with the verdict, believing that his inquiry and publication of Lin Shengbin's travel records was legitimate public opinion supervision, so he appealed. According to previous reports, the court has notified it to hold a conversation on May 6 about the relevant online infringement liability dispute.
Source: News Morning Post Comprehensive Red Star News previously reported, Xiaoxiang Morning News