Reply concerning the Question of Whether or Not Newspaper Publishers Should Be Listed as Defendants and How to Apply Jurisdiction in Cases of Infringement of the Right to Reputation

Posted on Updated on

15 January 1988

Shanghai Municipal Higher People’s Court

Your Court’s “Request for Instruction concerning the Question of Whether or Not Newspaper Publishers Should Be Listed as Defendants and How to Apply Jurisdiction in Cases of Infringement of the Right to Reputation” has been received and read.

We have researched this and believe that: newspaper publishers should be responsible for inspection and verification of contributions they publish. If citizens’ right to reputation is violated after publication, the writer and the newspaper publishers both have responsibility, and the newspaper publisher and writer may be listed as joint defendants.

Concerning the question of jurisdiction in this sort of cases: it may be dealt with by differentiating circumstances: if the plaintiff has only sued the writer, the Basic People’s Court of the locality where the writer is registered has jurisdiction, the accepting Court may add the newspaper publisher as defendant; if the plaintiff has only sued the newspaper publisher, the Basic People’s Court of the locality of the said newspaper publisher has jurisdiction, and the accepting Court may add the writer as defendant; if the plaintiff sues the writer and newspaper publisher as joint defendants, generally, the Basic People’s Court of the locality of the newspaper publisher has jurisdiction.

最高人民法院关于侵害名誉权案件有关报刊社应否列为被告和如何适用管辖问题的批复
(1988年1月15日)(失效)
上海市高级人民法院:
你院《关于侵害名誉权案件有关报刊社应否列为被告和如何适用管辖等问题的请示报告》收悉。
经我们研究认为:报刊社对要发表的稿件,应负责审查核实。发表后侵害了公民的名誉权,作者和报刊社都有责任,可将报刊社与作者列为共同被告。
关于这类案件的管辖问题,可分别情况处理:如果原告只对作者起诉的,由作者户籍所在地的基层人民法院管辖,受诉法院可追加报刊社为被告;如果原告只对报刊社起诉的,由该报刊社所在地的基层人民法院管辖,受诉法院可追加作者为被告;如果原告把作者和报刊社作为共同被告起诉的,一般由报刊社所在地的基层人民法院管辖为宜。

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s