On June 13th, Pinplay issued a statement on its official Weibo on the verdict of the second instance in Tesla's case. The Shanghai No. 1 Intermediate people's Court has issued a final judgment on the infringement of reputation by Beijing Pinci Interactive Technology Co., Ltd., the main body of the complaint filed by Tesla (Shanghai) Co., Ltd., rejecting the appeal request of Beijing Pinci Interactive Technology Co., Ltd., and upholding the verdict of the first instance of the Shanghai Pudong New area people's Court, the statement said.
Beijing Pinci Interactive Technology Co., Ltd. respects the court's decision and will delete the articles involved in the case and pay Tesla (Shanghai) Co., Ltd. compensation fees and other litigation-related costs, Pingkuo said in a statement. At the same time, we will deal with Tesla's request for an "apology" by asking the court to publish the main points of the judgment in designated newspapers and periodicals and pay a fee. At the same time, Pinplay said: "We will apply to the people's court at a higher level for a retrial of the case."
According to the civil judgment posted on the Internet, the judgment of the second instance in Tesla's reputation infringement case was made, and the court refuted the appeal, upholding the original verdict that product play needs to make a public apology and compensation to Tesla. This judgment is final.
First of all, let's review the cause of the whole incident: in December 2020, Pinplay published a number of articles on eight platforms, which contained a lot of derogatory remarks and false content aimed at Tesla. According to the article, "Tesla's quality standards have declined, defective parts have been loaded, and vehicle quality control standards have been lowered; the management style is too rough and full of 'contractor' culture, and the Shanghai Tesla factory has been reduced to a 'blood and tears factory'."
Tao Lin, vice president of foreign affairs of Tesla, declared through a personal social platform on December 26, 2020, "this article is so ridiculous that it is beyond our imagination. We don't know where to start with so many slots." Our attorney is already preparing the indictment, and it is believed that he will be responsible for the impact of his words and deeds. "
In response to Tao Lin's response, Pinplay responded on its official Weibo on December 26, 2020: "Tesla's behavior in China has gone beyond our imagination. There are so many gaps that I don't know where to start. The only thing I can do is to follow up." The next day, the official Weibo of Playplay released a "response on the response of Ms. Tao Lin, Vice President of Tesla", admitting that there were flaws in the details of the report, saying that "we were aware of the omission and immediately revised it within more than an hour after the article was sent." it said that Tesla's official response "focused on mentioning the above flaw, but did not specifically mention other 'slot points' and 'errors'", saying that proof was the right and responsibility of both parties. For Tesla China, it is also for play.
The court held that the article was exaggerated and extreme, contained a large number of insulting and derogatory words, and did not verify the false information provided by others, which exceeded the limits of goodwill, reasonable and objective comments. it has had a negative impact on the social evaluation of Tesla Company, infringed on the reputation right of Tesla Company, and should bear tort liability. In November 2022, the case was ruled in first instance. The court ruled in favor of Tesla that Playplay should delete its infringing articles posted on eight social platforms and issue a written apology on the front page of each platform, which lasted for no less than 30 days. In addition, product play also needs to compensate Tesla for economic loss of 100000 yuan. Since then, the product play did not accept the verdict, so it filed an appeal.
From the filing of the case to the final judgment, the case has lasted for nearly two and a half years. With the release of the result of this final judgment, it means that the case is over for the time being. However, Pinplay said: "We will apply to the people's court at a higher level for a retrial of the case."
In response to the case, Tesla said on his official Weibo: "We will protect our rights and interests in accordance with the law because insulting and defamatory remarks have exceeded the limits of goodwill, reasonable and objective comments and infringed upon the company's right of reputation."
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