Bright Star Road [Entertainment]
Chapter 85
In the release history of "Friday", it is not without being sued by star entertainers, but each time it has escaped disaster very dangerously.That's why the statement issued by "Friday" seems to have thrown a shock bomb in the entertainment industry, because it means that "Friday" has softened, hoping to reach a settlement agreement with Li Wei.
You should know that even if the magazine publishes a report that is contrary to the facts without knowing it, the parties can still hold the magazine accountable.Although magazines enjoy "freedom of speech," the Supreme Court also requires magazines to strictly verify the authenticity of news reports.If the magazine has false reports, no matter what the reason, all courts will agree to the establishment of "defamation".
Of course, "Friday" magazine understands what it means to be convicted of defamation. Not only is it a huge amount of compensation, but it will definitely be imposed by the court with a higher amount of punitive damages, and the credibility of the magazine's hard work will also collapse overnight.Because of this, "Friday" magazine will immediately jump out to stop the loss.
First of all, they want to cut off their relationship with Gao Feng, and portray themselves as victims; secondly, they want to reach a settlement with Li Wei, and they cannot be the first defendant in Li Wei's complaint anyway; finally, "Friday" magazine It is necessary to throw a few serious scapegoats inside, otherwise the readers will not be able to appease.
"The best outcome of the negotiation is that we become the third party to sue, and let Li Wei and Gao Feng fight against each other." In addition to the mobilization of the legal department, "Friday" magazine also specially invited Jones Day lawyers involved.
Tan Shanshan, a senior lawyer at Jones Day, was explaining to the magazine at this time, "But I don't think Li Wei's lawyers will choose this very difficult path. In fact, the easiest way is to sue "Friday" for defamation. , because basically we have already lost the evidence, and now we have to see how the court intends to make us compensate. After the lawsuit between us and Li Wei is over, we can transfer the losses we have suffered to Gaofeng Studio, and then carry out our Therefore, I do not recommend that we go to trial, but seek a private settlement. And in order to settle, I think our sacrifice will be very large, after all, we are typical 'whales' (lawyers have a lot of money for rich assets The person concerned), everyone expects to bite off a piece of meat from us."
"There is no problem with reconciliation, we can pay for it." The publisher of "Friday" and the vice president of Xinghai Publishing Co., Ltd. Wang Chunye nodded, "The head office means that the upper limit of compensation is within 200 million, and we can accept it. Publish a statement of apology on "Friday" and major domestic print media. However, TV media is not included, and print media is not necessarily the front page. In addition, Li Wei must sign a complete understanding agreement and confidentiality agreement with us."
"The non-disclosure agreement is a necessary additional agreement to the settlement agreement, but a complete understanding agreement is too difficult." Tan Shanshan hesitated, "After all, a complete understanding agreement will limit possible lawsuits in the future. For his own Interests will not agree to sign. Think about it, if the media reports on your false reports a day later, Li Wei will not be able to violate the 'principle of estoppel' (meaning that the parties involved in the law cannot both admit a fact and object to it), so he must acquiesce to the report. No lawyer will let him sign it!"
At the same time as the "Friday" magazine meeting, Kirin Brokerage Co., Ltd. was also holding an internal meeting.
"Basically, our questioning of "Friday" magazine has been successful. I think they should be trying to stop the loss now? So, we should now unify our opinions. What should we do next? Is it with the "Friday" magazine? Should Friday Magazine settle or continue to sue? If it settles, what is our demand? If it sues, what is our claim?"
Su Li was in high spirits right now, this week was really difficult.After the "Friday" report got wind of it, many production crews and advertisers interrupted the continued negotiations with Qilin's agency, which invisibly caused the company to lose a huge sum of money.What Su Li thinks now is, one is to seek compensation from "Friday" to an amount that can comfort her heart; the other is to punish those customers who listen to wind and rain, and let them know that Li Wei is not what you want. can want.
"According to previous management, the amount of compensation for defamation crimes involving celebrities is generally around 100 million to 500 million. Since this time, the lax internal review of "Friday" led to such a wrong report, we expect the court to add another 300 million. up to 800 million in punitive damages. However, I believe that if we really want to get the maximum compensation of 1300 million, the "Friday" magazine society will fight us to the end." The lawyer explained, "Even if we decide However, they can still apply to the Supreme Court for an interim injunction on the grounds of 'not to impose excessive fines', so we will continue to fight. Preliminary estimates, it would be good to close the case within five years.
So our suggestion here is to reach a compensation settlement agreement with "Friday" magazine that does not include an understanding agreement.As for the compensation of the author of this topic, we have no position, and will leave it to the "Friday" magazine to claim compensation.As for the woman who broke the news, we can attach a civil compensation lawsuit after the criminal case is filed. "
"Is there anything we can do judicially for the woman who slandered me?" Li Wei asked.
"The crime of defamation is divided into 'permanent defamation' and 'temporary defamation'. Since the other party's defamatory remarks against you have been published in officially published newspapers and magazines, it belongs to 'permanent defamation'. The benefits of suing permanent defamation The reason is that we only need to prove that the other party's slander against you is 'true malicious', so we can sue without proving how much damage you have suffered.
If the crime of defamation is established, it will be sentenced only in particularly serious circumstances.Generally, it is fixed-term imprisonment of less than three years, criminal detention or public surveillance.Basically, the crime of defamation is a misdemeanor, so the handling of the crime of defamation will not be particularly strict.Especially if the other party will not cause harm to society, or is a first-time offender, or has surrendered himself, basically it will be controlled for about three months.Fixed-term imprisonment is to enter the prison to serve the sentence; criminal detention is to serve the sentence in the detention center, and there are monthly holidays to return home; control is to limit how far you cannot leave the original place of residence at will, and basically serve the sentence at home. "
"Well, for my case, how far will she be sentenced in the end?" Li Wei asked.
"In fact, her behavior already meets the example of 'especially serious circumstances', so basically she should be sentenced by the judge. But if she is a first-time offender and surrenders herself, it is estimated that she will be subject to three months of supervision, and there is even a possibility If she is a first-time offender but has no circumstances of surrender, it is estimated that she will be detained or controlled for six months, and she may also be given a suspended sentence; in the end, if she is neither a first-time offender nor surrendered, it is estimated that she will be sentenced to about one year in prison or criminal detention. or control.” The lawyer explained, “The reason why there is no way to reach the maximum penalty is because in fact, her speech did not cause great harm. And the judge will think that it will actually have a negative effect on the popularity of public figures. help the public figure to earn a greater income, so the judge will not recognize that the detractor has caused 'significant' harm to the public figure."
"It seems that my strong and cheerful personality has become one of the reasons for her exoneration." Li Wei shrugged, "You can discuss the specific compensation conditions, and just tell me the final result when the time comes. Hold a meeting with the PR to talk about the interview."
With that said, Li Wei walked out of one conference room and walked towards another conference room.In the other conference room, only Chen Guo, Long Xiang and Lin Xiangyu were present, and the three of them were discussing something intensely at this moment.
Li Wei pushed open the door, "Wow, it's much more lively here!"
Seeing Li Wei's arrival, the three of them stopped arguing, and then Chen Guo handed a document to Li Wei. "Mr. Li, this is a story text that we compiled based on your experience that can be found on the Internet combined with your dictation. When the "Huaxia Report" wants to interview you, you can play according to this story."
After reading the story, Li Wei said with a smile: "My story was written so movingly by you, and I have never met so many 'old seniors full of wisdom', all of them seem to be from the philosophy department. Like an old monster who has practiced for thousands of years, every single word he speaks makes me feel as if I am about to be enlightened and become a Buddha immediately. So, don’t you think it’s fake?”
"Mr. Li doesn't know much about the world of magazines. The top three in terms of circulation in China are "Readers", "Friends" and "Youth Digest". These three magazines are far more disgusting than ours." Chen Guo joked. , "Now the main readers of magazines are female groups. They are naturally emotional, so you can be as sexy as you can. Female readers will definitely pay for it."
"You are so reasonable, I don't even know how to refute it." Li Wei had to agree with Chen Guo's judgment.
At ten o'clock in the morning, Li Wei and Li Wei's team arrived at the Donghai District Court surrounded by a large group of reporters.Li Wei rang the bell at the gate of the court to lodge a lawsuit, and soon a staff member of the court came out to receive him.
There is an electric bell at the gate of the courts and procuratorates of Huaxia Kingdom, and the complainant can ring the bell here to ask the staff to come out to receive him.This can be regarded as the reform of the original Dengwen drum by the emperor of China back then, to prevent the judiciary from being superior and preventing the common people from enjoying judicial justice.According to the law of Huaxia Kingdom, anyone can ring the electric bell at the gate of the court or procuratorate, and the court and procuratorate must send official staff to come out to receive and give a reply time.
Li Wei filed a defamation complaint against "Friday" and the unknown lady to the court staff, and the court staff accepted the complaint and said they would decide whether to agree to file the case within 48 hours.Li Wei and the staff took both sides of the complaint respectively, and made forensics under the cameras and cameras of the reporters.Li Wei left the district court after thanking the staff, and the "Friday" magazine also received the news immediately.
"This case will definitely be filed, because the impact is too bad." Tan Shanshan told the management of "Friday" magazine, "To slander others by fabricating fake news is simply a violation of freedom of speech and It is a great insult to personal rights. I think all the judges in Donghai City want to receive this case and give a landmark verdict."
To be continued...
You should know that even if the magazine publishes a report that is contrary to the facts without knowing it, the parties can still hold the magazine accountable.Although magazines enjoy "freedom of speech," the Supreme Court also requires magazines to strictly verify the authenticity of news reports.If the magazine has false reports, no matter what the reason, all courts will agree to the establishment of "defamation".
Of course, "Friday" magazine understands what it means to be convicted of defamation. Not only is it a huge amount of compensation, but it will definitely be imposed by the court with a higher amount of punitive damages, and the credibility of the magazine's hard work will also collapse overnight.Because of this, "Friday" magazine will immediately jump out to stop the loss.
First of all, they want to cut off their relationship with Gao Feng, and portray themselves as victims; secondly, they want to reach a settlement with Li Wei, and they cannot be the first defendant in Li Wei's complaint anyway; finally, "Friday" magazine It is necessary to throw a few serious scapegoats inside, otherwise the readers will not be able to appease.
"The best outcome of the negotiation is that we become the third party to sue, and let Li Wei and Gao Feng fight against each other." In addition to the mobilization of the legal department, "Friday" magazine also specially invited Jones Day lawyers involved.
Tan Shanshan, a senior lawyer at Jones Day, was explaining to the magazine at this time, "But I don't think Li Wei's lawyers will choose this very difficult path. In fact, the easiest way is to sue "Friday" for defamation. , because basically we have already lost the evidence, and now we have to see how the court intends to make us compensate. After the lawsuit between us and Li Wei is over, we can transfer the losses we have suffered to Gaofeng Studio, and then carry out our Therefore, I do not recommend that we go to trial, but seek a private settlement. And in order to settle, I think our sacrifice will be very large, after all, we are typical 'whales' (lawyers have a lot of money for rich assets The person concerned), everyone expects to bite off a piece of meat from us."
"There is no problem with reconciliation, we can pay for it." The publisher of "Friday" and the vice president of Xinghai Publishing Co., Ltd. Wang Chunye nodded, "The head office means that the upper limit of compensation is within 200 million, and we can accept it. Publish a statement of apology on "Friday" and major domestic print media. However, TV media is not included, and print media is not necessarily the front page. In addition, Li Wei must sign a complete understanding agreement and confidentiality agreement with us."
"The non-disclosure agreement is a necessary additional agreement to the settlement agreement, but a complete understanding agreement is too difficult." Tan Shanshan hesitated, "After all, a complete understanding agreement will limit possible lawsuits in the future. For his own Interests will not agree to sign. Think about it, if the media reports on your false reports a day later, Li Wei will not be able to violate the 'principle of estoppel' (meaning that the parties involved in the law cannot both admit a fact and object to it), so he must acquiesce to the report. No lawyer will let him sign it!"
At the same time as the "Friday" magazine meeting, Kirin Brokerage Co., Ltd. was also holding an internal meeting.
"Basically, our questioning of "Friday" magazine has been successful. I think they should be trying to stop the loss now? So, we should now unify our opinions. What should we do next? Is it with the "Friday" magazine? Should Friday Magazine settle or continue to sue? If it settles, what is our demand? If it sues, what is our claim?"
Su Li was in high spirits right now, this week was really difficult.After the "Friday" report got wind of it, many production crews and advertisers interrupted the continued negotiations with Qilin's agency, which invisibly caused the company to lose a huge sum of money.What Su Li thinks now is, one is to seek compensation from "Friday" to an amount that can comfort her heart; the other is to punish those customers who listen to wind and rain, and let them know that Li Wei is not what you want. can want.
"According to previous management, the amount of compensation for defamation crimes involving celebrities is generally around 100 million to 500 million. Since this time, the lax internal review of "Friday" led to such a wrong report, we expect the court to add another 300 million. up to 800 million in punitive damages. However, I believe that if we really want to get the maximum compensation of 1300 million, the "Friday" magazine society will fight us to the end." The lawyer explained, "Even if we decide However, they can still apply to the Supreme Court for an interim injunction on the grounds of 'not to impose excessive fines', so we will continue to fight. Preliminary estimates, it would be good to close the case within five years.
So our suggestion here is to reach a compensation settlement agreement with "Friday" magazine that does not include an understanding agreement.As for the compensation of the author of this topic, we have no position, and will leave it to the "Friday" magazine to claim compensation.As for the woman who broke the news, we can attach a civil compensation lawsuit after the criminal case is filed. "
"Is there anything we can do judicially for the woman who slandered me?" Li Wei asked.
"The crime of defamation is divided into 'permanent defamation' and 'temporary defamation'. Since the other party's defamatory remarks against you have been published in officially published newspapers and magazines, it belongs to 'permanent defamation'. The benefits of suing permanent defamation The reason is that we only need to prove that the other party's slander against you is 'true malicious', so we can sue without proving how much damage you have suffered.
If the crime of defamation is established, it will be sentenced only in particularly serious circumstances.Generally, it is fixed-term imprisonment of less than three years, criminal detention or public surveillance.Basically, the crime of defamation is a misdemeanor, so the handling of the crime of defamation will not be particularly strict.Especially if the other party will not cause harm to society, or is a first-time offender, or has surrendered himself, basically it will be controlled for about three months.Fixed-term imprisonment is to enter the prison to serve the sentence; criminal detention is to serve the sentence in the detention center, and there are monthly holidays to return home; control is to limit how far you cannot leave the original place of residence at will, and basically serve the sentence at home. "
"Well, for my case, how far will she be sentenced in the end?" Li Wei asked.
"In fact, her behavior already meets the example of 'especially serious circumstances', so basically she should be sentenced by the judge. But if she is a first-time offender and surrenders herself, it is estimated that she will be subject to three months of supervision, and there is even a possibility If she is a first-time offender but has no circumstances of surrender, it is estimated that she will be detained or controlled for six months, and she may also be given a suspended sentence; in the end, if she is neither a first-time offender nor surrendered, it is estimated that she will be sentenced to about one year in prison or criminal detention. or control.” The lawyer explained, “The reason why there is no way to reach the maximum penalty is because in fact, her speech did not cause great harm. And the judge will think that it will actually have a negative effect on the popularity of public figures. help the public figure to earn a greater income, so the judge will not recognize that the detractor has caused 'significant' harm to the public figure."
"It seems that my strong and cheerful personality has become one of the reasons for her exoneration." Li Wei shrugged, "You can discuss the specific compensation conditions, and just tell me the final result when the time comes. Hold a meeting with the PR to talk about the interview."
With that said, Li Wei walked out of one conference room and walked towards another conference room.In the other conference room, only Chen Guo, Long Xiang and Lin Xiangyu were present, and the three of them were discussing something intensely at this moment.
Li Wei pushed open the door, "Wow, it's much more lively here!"
Seeing Li Wei's arrival, the three of them stopped arguing, and then Chen Guo handed a document to Li Wei. "Mr. Li, this is a story text that we compiled based on your experience that can be found on the Internet combined with your dictation. When the "Huaxia Report" wants to interview you, you can play according to this story."
After reading the story, Li Wei said with a smile: "My story was written so movingly by you, and I have never met so many 'old seniors full of wisdom', all of them seem to be from the philosophy department. Like an old monster who has practiced for thousands of years, every single word he speaks makes me feel as if I am about to be enlightened and become a Buddha immediately. So, don’t you think it’s fake?”
"Mr. Li doesn't know much about the world of magazines. The top three in terms of circulation in China are "Readers", "Friends" and "Youth Digest". These three magazines are far more disgusting than ours." Chen Guo joked. , "Now the main readers of magazines are female groups. They are naturally emotional, so you can be as sexy as you can. Female readers will definitely pay for it."
"You are so reasonable, I don't even know how to refute it." Li Wei had to agree with Chen Guo's judgment.
At ten o'clock in the morning, Li Wei and Li Wei's team arrived at the Donghai District Court surrounded by a large group of reporters.Li Wei rang the bell at the gate of the court to lodge a lawsuit, and soon a staff member of the court came out to receive him.
There is an electric bell at the gate of the courts and procuratorates of Huaxia Kingdom, and the complainant can ring the bell here to ask the staff to come out to receive him.This can be regarded as the reform of the original Dengwen drum by the emperor of China back then, to prevent the judiciary from being superior and preventing the common people from enjoying judicial justice.According to the law of Huaxia Kingdom, anyone can ring the electric bell at the gate of the court or procuratorate, and the court and procuratorate must send official staff to come out to receive and give a reply time.
Li Wei filed a defamation complaint against "Friday" and the unknown lady to the court staff, and the court staff accepted the complaint and said they would decide whether to agree to file the case within 48 hours.Li Wei and the staff took both sides of the complaint respectively, and made forensics under the cameras and cameras of the reporters.Li Wei left the district court after thanking the staff, and the "Friday" magazine also received the news immediately.
"This case will definitely be filed, because the impact is too bad." Tan Shanshan told the management of "Friday" magazine, "To slander others by fabricating fake news is simply a violation of freedom of speech and It is a great insult to personal rights. I think all the judges in Donghai City want to receive this case and give a landmark verdict."
To be continued...
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