Unrestrained SMS bombing: how to protect the right to peace?
[1] Compiled from: Shandong High Court, Jinan Huaiyin District Court
[2] Recently, the Huaiyin District Court of Jinan City lawfully tried the first case of the right to peace of mind after the implementation of the Civil Code of the People's Republic of China.
Case review
Company A is a company that produces and sells health supplements. In November 2022, during the “Double Eleven” major promotion on an e-commerce platform, Mr. Chen received a promotional text message sent by Company A. Mr. Chen, who had no purchasing need, immediately replied with an unsubscribe message, incurring a text message fee of 0.1 yuan. He originally thought that after unsubscribing, he would no longer receive promotional text messages. Unexpectedly, he later received another promotional text message from Company A. Helpless, Mr. Chen unsubscribed a second time, incurring another text message fee of 0.1 yuan. Who would have thought that within three months after the two unsubscriptions, Mr. Chen successively received three more promotional messages sent by Company A, which made Mr. Chen feel deeply disturbed.
To prevent further disruption to his peaceful life, Mr. Chen filed a lawsuit against Company A with the Huaiyin District Court, seeking a judgment ordering Company A to apologize to him, compensate him 0.2 yuan for the unsubscribe text message fee, 1 yuan for emotional distress, and other necessary expenses incurred in defending his rights.
After the judge explained the law and reasoned with the parties, Company A recognized its infringing conduct in marketing, sincerely apologized to Mr. Chen, and stated that it would strengthen its marketing management going forward, immediately cease the infringing conduct, and was willing to compensate Mr. Chen for his losses. Seeing Company A’s sincere attitude, and with his claims satisfied and his right to tranquility protected, Mr. Chen reached a consensus with Company A, whereby Company A paid Mr. Chen a one-time compensation of 1,500 yuan. The case was ultimately concluded smoothly through mediation.
The
[1] The People's Republic of China
Civil Code
[6] Article 1033
No organization or individual may disturb the peace of another person's private life through phone calls, text messages, or other means without the consent of the right holder.
[1] The author's perspective
In daily life, people often encounter text message marketing, but many overlook or are even unaware of their right to peace, which is an important part of the right to privacy. The Civil Code explicitly protects this right in codified form for the first time. It includes both the safety and tranquility of a natural person's physical space, meaning the right to exclude others from intruding on their living or dwelling space, and the psychological and mental freedom from disturbance, maintaining peace of mind. However, if choosing to use legal means to defend rights, it is crucial to preserve evidence to prove that one's rights have indeed been harmed.
