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New developments! The case of female car owner of Shanghai Auto Show v. Tesla will be tried for the second time.

2024-03-02 Update From: AutoBeta autobeta NAV: AutoBeta > News >

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AutoBeta(AutoBeta.net)07/09 Report--

Recently, according to Sky Eye information, Tesla Shanghai Auto Show rights protection female car owner Zhang and Tesla (Shanghai) Co., Ltd. reputation dispute case new second trial announcement, The case will be heard on July 21, Henan Province Anyang City Intermediate People's Court, Case No.(2023) Yu 05 Min Zhong 2766, Appellant Tesla Shanghai Auto Show rights protection female car owner.

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It is worth noting that on May 26 this year, the court of this case has already handed down a first-instance judgment, and the court rejected all claims filed by Ms. Zhang against Tesla in the case of infringement of her reputation and personal information protection dispute.

Review of related events: At the 2021 Shanghai Auto Show, a Tesla owner stood on the roof of Tesla's booth, causing high attention. Subsequently, Ms. Zhang was placed in administrative detention for five days for disturbing public order. The cause of the incident was that in February 2021, when Ms. Zhang's family drove an imported Tesla model3, there was a traffic accident. Her parents were injured and hospitalized. The accident was judged by the traffic police as the driver's full responsibility. However, Ms. Zhang thought it was Tesla's "brake failure" failure, and went to the door of a Tesla store in Zhengzhou and Shanghai Auto Show to protect rights successively.

Following the Shanghai auto show rights incident, Ms. Zhang said through social platforms that some of Tesla's official and Tesla's vice president of external affairs Tao Lin's remarks were intended to create a negative image of her unreasonable and professional car trouble, infringing on her reputation and causing trouble to her life. In May 2021, Ms. Zhang sued Tesla to the People's Court of Beiguan District, Anyang City, arguing that the other party violated her right to reputation. The court held a public hearing on December 24,2021, but did not pronounce a judgment in court. Since then, Ms. Zhang has sued Tesla and related parties for infringement of her privacy because Tesla provided vehicle data one minute before the accident, including frame numbers, to the media and made public.

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According to the court judgment of the online exposure in May, the court held that a traffic accident occurred one year after the Tesla car purchased by Ms. Zhang was used, and she questioned the quality of the product. Because the product quality dispute failed to negotiate, Ms. Zhang parked the accident vehicle painted with the word "brake failure" in a public place, and then wore a jacket printed with the word "brake failure" on the roof of the exhibition car to disturb public order at the Shanghai Auto Show, causing relevant media attention. Tesla Beijing Company and its staff mentioned "team","whitewashing" and "she is only willing to pay high compensation" through official Weibo and media interviews. Generally speaking, they are narratives of relevant facts in the process of communication and coordination between the two sides and responses to Zhang's claims. Although the wording is not rigorous enough, they have not used insulting words or deliberately derogated or smeared the personality of Ms. Zhang and Li. Therefore, Tesla Beijing Company cannot be identified. Tesla Shanghai Company infringed on the reputation rights of Ms. Zhang and Li. The court rejected Ms. Zhang, Li Mou's claim, the case acceptance fee of 2600 yuan by Ms. Zhang, Li Mou bear.

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In addition, according to another judgment exposed by the Internet: In this case, the court held that Tesla responded to Ms. Zhang's challenge by providing the vehicle data one minute before the accident, including the frame number, with a text description to the market supervision newspaper when interviewed by the market supervision newspaper. The market supervision newspaper did not make any deletion or subjective comments. From the perspective of this group of data and text description, it only described and explained the relevant data. It cannot be related to Ms. Zhang's personal private information. Before Tesla handled this information, Ms. Zhang herself had sorted out the vehicle data involved in the case and made it public on her micro blog. The frame number had been publicly marked under the windshield of the vehicle when it left the factory. The above-mentioned behaviors carried out by Tesla and the market supervision newspaper were not illegal. The relevant information that had been made public did not exceed the reasonable range, and Ms. Zhang's personal information was not infringed. To sum up, the behavior of Tesla Company and Market Supervision Newspaper does not constitute infringement on Ms. Zhang's personal information, so Ms. Zhang shall bear the case acceptance fee of 2600 yuan for the lawsuit claim claimed by Ms. Zhang.

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In response to the judgment of these two related cases, Tesla rights protection Ms. Zhang posted on her personal social platform that she had filed an appeal according to law. At the same time, Ms. Zhang said in an interview with the media: The first instance judgment lost, I think this is not the final result.

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Tesla also issued a document on the two cases: "Many car owners, media friends and netizens are concerned about and inquire about the progress of relevant cases, and report to you in a unified manner: Shanghai Auto Show roof rights protection female owner Zhang sued Tesla company reputation dispute case and personal information protection dispute case, the court of first instance after trial, decided to reject all claims of Ms. Zhang in the two cases."

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In fact, Tesla Zhang and Tesla related dispute cases are not the only two, May 21,2021, Tesla counterclaims Ms. Zhang infringement of reputation rights in Shanghai City Qingpu District People's Court, requiring Ms. Zhang to issue an apology statement on the media and micro blog for her infringement of her reputation rights at Tesla booth at Shanghai Auto Show in April 2021, and at the same time claim 5 million yuan. The case opened on June 6. It is understood that the two sides exchanged evidence for more than three hours. In a subsequent interview with the media, Ms. Zhang said Tesla claimed 5 million yuan because she believed her rights at the Shanghai Auto Show on April 19,2021 violated Tesla's reputation. Ms. Zhang said: Whether infringement of the right to reputation, first of all to identify Tesla brake failure. A counterclaim has been filed, requiring Tesla to provide complete driving data before the accident within 30 days.

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In response to this case, a professional lawyer said: generally involving the infringement of the right to reputation cases, the infringer usually assumes civil liability by stopping the infringement, apologizing and compensating for losses in the public media selected by the court. Tesla's claim in this case is a high amount of 5 million yuan, more symbolic. At the same time, it also points out how to carry out comprehensive detection and identification of Tesla quality in the subsequent case, and it will be more difficult if the existing technology cannot reach it.

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