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Tort Tesla, "Boss Cai" was enforced by the court.

2024-03-03 Update From: AutoBeta autobeta NAV: AutoBeta > News >


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Tesla said on his official Weibo that car blogger Cai was enforced by the Ningbo Intermediate people's Court of Zhejiang Province after he was found to have lost his case for infringing on Tesla's reputation rights and refused to fulfill his obligation to make a public apology on the relevant online platform. Tesla said that in the self-media era when everyone can be the collector, producer, and distributor of information, it is the duty of every citizen not to spread rumors, not to spread rumors, and not to infringe upon the legitimate rights and interests of others.


It is understood that Boss Cai released a video with the theme of "one of my Tesla supplier friends exposing the inside story" through Douyin in 2021. "Boss Cai" said in the video that his friend was Tesla's supplier, and the friend revealed that there had been a series of violations in Tesla's cooperation with the supplier after localization, but "Boss Cai" did not provide any evidence in the video. prove the authenticity of its description. "Boss Cai" said that the above content belongs to the revelations of a friend, and it is impossible for him to ask this supplier "friend" to provide evidence for himself.

Since then, "Boss Cai" was sued by Tesla for infringement and demanded compensation and apology. Judging from the indictment previously exposed, Tesla made four requests to the court: asking the defendant to stop the infringement and delete the infringement content; requiring the defendant to make a public written apology to Tesla and placing it at the top of the relevant platform for not less than 90 days; the defendant is required to pay nearly 5 million yuan for tort damage; the defendant is required to bear the corresponding litigation costs of the case.


On April 19, 2022, Boss Cai made the matter public through Douyin, describing what happened when he was sued and claiming 500 yuan in compensation, and said he would stay with him to the end. On April 21, Boss Cai posted a video on Douyin again, saying that he and his family were under great pressure and were "victims". On April 22nd, he once again released Tesla's videos such as "the Ministry of Justice sues car commentators" and "Don't allow free voice". It is understood that the three videos received a large number of retweets, likes and comments, but the video inserted the positioning of "Ningbo ou Yijuhe Automobile Service Co., Ltd.", which is suspected to promote its personal company.

On May 30th, Tesla (Shanghai) Co., Ltd. and "Boss Cai" related reputation dispute new court announcement, the plaintiff is Tesla (Shanghai) Co., Ltd., the defendant is Cai Jia. According to the judgment, the court found that the video content of "Boss Cai" had no factual basis, and that "Boss Cai" had more intense words in the video, with obvious negative comments, and had gone beyond the reasonable scope of supervision and criticism. It has the pertinence to slander Tesla company. Based on this, the court ordered "Boss Cai" to apologize to Tesla on the official accounts of Weibo, Douyin and Wechat within 15 days from the effective date of the judgment, which lasted not less than 15 days, and compensated Tesla for 100000 yuan in tort losses. However, "Boss Cai" did not issue an apology statement on the relevant platform, nor did it compensate Tesla for tort losses, which was eventually enforced by the court.


Tesla said that at present, we see that Cai is still active on the relevant online platform, the number of fans has risen from 540000 at the time of prosecution to 5.4 million, but has not been punished by the platform for infringing acts. If there is no price to pay for the creation and dissemination of rumors, and if the traffic based on rumors becomes a source of profit, then anyone can become a victim.

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