Protection of an Enterprise’s Reputation in the Virtual Space

A and B know that the famous company ”Shadow” values its reputation very much, so they fabricate dozens of accounts on the BBS of a foreign trade website, “disclose” the negative news about Shadow,and blackmail Shadow into paying “Deleting Fee” through email and phone. The amount of “Deleting Fee” varies from 100Yuanto more than 10,000Yuan.At the beginning, Shadow is afraid that the negative news will bring bad effect upon its corporate image, and mislead customers, so Shadow paid the fee. However, with A and B’ s “appetitie” increasing, Shadow has no choice, but asks the attorney for help.

Attorneysuggested that Shadow should find related evidence through investigation and prosecute them, then theymayundertake the criminal liabilities and civil liabilities. Specific analyses as follows:

Firstly, A and B intentionally fabricate and spread the negative news of Shadow, so as to blackmail Shadow for “Deleting fee”, and the amount of the “Deleting fee” is up to 100,000Yuan,A and B’ s action can be suspected to violate Article 274 of Criminal Law of PRC, the crime means of extortion. Shadow can use the emails, phone records and their bank accounts as the evidence, to call the police, thenA and B mighthave to undertake the criminal liabilities.

Secondly,Shadow’s customers have mis-believedthe negative news fabricated by A and B, which has broughteconomic loss to Shadow,so Shadow shall have the rightto ask them for compensation.

Finally, the court convicted that A and B for extortion. A is sentenced to 6 years in jail for extortion, B is sentenced to 4 years in jail for extortion, and both of them are sentenced to return the illicitmoney.

Meanwhile, in accordance with the attorney’s suggestion, Shadow makes a declaration on its website, in which the whole case is clarified. This declaration has cleared up the doubts of customers and the outside parties,and eliminated the negative effectbroughtby this case.