Smoking in an elevator exposed, false counterclaim rejected
Smoking in the elevator was exposed, and the blame-shifting was rejected.
Compiled from: People's Court Daily, Shandong High Court
Not smoking in public places is a sign of respect for one's own and others' health, reflecting both personal quality and social responsibility, as well as showcasing urban civility and public order. Recently, the Guangzhou Intermediate People's Court in Guangdong Province concluded a personality rights dispute case triggered by the exposure of smoking in an elevator, ruling to dismiss all of the plaintiff's claims, clearly saying no to uncivilized behavior.
Case Review
Five-year-old Xiaojun lived with his parents on the third floor of a building in a residential community in Tianhe District, Guangzhou. Since 2017, the community began constructing an elevator, which was approved by the government, installed, and put into use in 2020, requiring an elevator card for access. Because some owners, including Xiaojun's father, opposed the construction and did not pay the construction funds, the elevator organizing party did not issue an elevator card to Xiaojun's father.
One day, Xiaojun's father took Xiaojun into the elevator while others were using it. During the ride, he kept smoking and, while waiting for Xiaojun to retrieve something from home, leaned his hand and body against the elevator door, preventing it from closing properly for an extended period.
Ms. Wang, the elevator manager and a fellow building owner, saw Xiaojun's father's behavior through surveillance footage and captured the relevant video clips to share in the owners' group. The video clearly showed Xiaojun's father smoking and blocking the elevator door, and his voice calling Xiaojun's name could be heard.
Subsequently, other owners discussed the behavior with Ms. Wang in the group: "Why is that person always smoking in the elevator?" Ms. Wang replied, "He didn't pay for the elevator construction, but he says the house was bought with real money and he wants to use the elevator for free. How can he use it for free without paying? Fellow owners, what do you think?" "We already have elevator cards. He wasn't supposed to enter the elevator, but he slipped in when someone came out. Once inside, he smoked heavily and blocked the door. So uncivilized!"
Xiaojun's father believed that Ms. Wang's actions infringed on Xiaojun's personality rights, including reputation and privacy, negatively affecting Xiaojun's growth, life, and studies. He sued in Xiaojun's name, requesting that Ms. Wang remove the surveillance cameras installed on each floor and compensate Xiaojun for mental and personality damages, as well as related costs for academic remediation, totaling over 25,000 yuan. Ms. Wang argued that she did not infringe on Xiaojun's reputation rights, stating that upon discovering an unauthorized person in the elevator deliberately leaning against the door and smoking, she immediately shared the video in the owners' group as part of her duties as a member of the elevator management committee. The video content was a true reflection of the situation, unaltered or cropped, and her comments in the group were merely factual statements without any insult or defamation, and they only referred to Xiaojun's father, not Xiaojun.
Court Opinion
After trial, the Guangzhou Intermediate People's Court held that in this case, Xiao Jun's father indeed engaged in uncivilized use of the elevator, such as smoking inside the elevator and leaning against the elevator door with his hand and body, causing the door to fail to close properly for an extended period. Ms. Wang only posted the video and comments in the community owners' group, without fabricating or distorting facts, deliberately spreading them, maliciously altering or editing them, or insulting or defaming Xiao Jun or his family. Her comments primarily involved a certain degree of supervision and negative evaluation of Xiao Jun's father's uncivilized elevator use, without mentioning Xiao Jun at all, and the content of the evaluation did not exceed the necessary limits. Therefore, Ms. Wang's actions did not constitute infringement against Xiao Jun. After comprehensively reviewing the purpose, method, and consequences of Ms. Wang's posting of the video and comments, considering Xiao Jun's father's fault in unsafe and uncivilized elevator use, and in accordance with relevant legal provisions on personality rights infringement, referencing the relevant regulations of the Guangzhou Smoking Control Ordinance, and taking into account factors such as maintaining public order and good customs and advocating socialist core values, the court determined that Ms. Wang's act of posting the video and related comments in the community owners' group did not constitute infringement of Xiao Jun's personality rights. The court accordingly rendered the above judgment in accordance with the law.
[1] Civil Code
Article 995
Where a personality right is infringed upon, the victim has the right to request the actor to bear civil liability in accordance with this Law and other laws. The victim's right to request cessation of infringement, removal of obstacles, elimination of danger, elimination of adverse effects, restoration of reputation, and apology is not subject to the statute of limitations.
[4] Author's Opinion
Personality rights refer to inherent civil rights exclusively enjoyed by civil subjects, with personality interests as the object, necessary for maintaining the independent personality of civil subjects. Therefore, personality rights need to be tied to a specific individual. For example, in this case, Ms. Wang's words did not mention Xiao Jun and were based on factual statements, not fabricated rumors. Xiao Jun's father's lawsuit against Ms. Wang for infringing on Xiao Jun's personality rights lacks legal and factual support. Thus, when filing a lawsuit, one must carefully consider whether the defendant is the appropriate subject and whether the cause of action is correct. If uncertain, it is necessary to seek professional legal counsel to avoid wasting time and effort, ultimately achieving nothing.
