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BackYouTuber Cheap評論樂天集團遭雷虎科技求償1億元 台北地院判決免賠
YouTuber Cheap評論樂天集團遭雷虎科技求償1億元 台北地院判決免賠
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自由时报2 hours agoLaw3 min readChinaView translation

YouTuber Cheap評論樂天集團遭雷虎科技求償1億元 台北地院判決免賠

網紅Cheap遭雷虎科技指控影射其為「套利工具」並損害商譽,法院認定屬言論自由保障範圍

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YouTuber Cheap因製作影片探討樂天集團營運,遭雷虎科技指控影射其為特定股東套利工具並求償1億元。台北地院審理後,認定Cheap已盡查證義務且評論屬言論自由範疇,判決雷虎科技敗訴,Cheap免賠,全案可上訴。

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Why It Matters

YouTuber Cheap於今年1月發布影片討論樂天集團營運,內容提及雷虎科技與國票創投的投資關係,引發雷虎科技不滿並提告求償。

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YouTuber網紅「Cheap」鄭才暐,今年1月9日在其頻道發布「樂天集團怎麼了?從豪擲20億到便當有蛆」影片,探討樂天桃猿職棒隊營運狀況,影射無人機製造商雷虎科技淪為特定股東的「套利工具」,雷虎同月12日發布重大訊息揚言提告,19日正式提告求償1億元;案經台北地院審理,今宣判雷虎敗訴,Cheap免賠。可上訴。

雷虎指控,Cheap發布的影片「樂天集團怎麼了?從豪擲20億到便當有蛆」,副標題「樂天桃猿被窮養的真相,為何富爸爸變窮酸吱」,內容提到「耐斯二代陳冠如掌管的國票創投,績效簡直慘不忍睹,形同破產」、「雷虎生技多年虧損,今(2025)年6月增資價只剩每股15元」、「陳冠如先以個人名義投資雷虎科技(後更正為雷虎生技)」、「然後讓國票創投用28.75元高價進場接盤買了1435張、這筆投資掛了十幾年」、「靠著大股東雷虎科技的軍工題材,股價曾破80元」、「這績效比我買0050還差」、「這種先自己買,再叫公司買的操作」、「是不是拿公司的錢,去幫自己的私人投資解套?」

雷虎指控,Cheap以聳動標題與不實資訊,惡意影射雷虎科技淪為特定股東的金融操作工具,並否定雷虎在無人機(UAV)領域的耕耘成果,嚴重損害雷虎的商譽及股東權益,Cheap無視科技研發的長週期特性,僅以短期股價波動就將雷虎的努力,簡化為「題材炒作」,影片中使用「多年虧損」、「掛了幾十年」等誇大不實詞彙,將公司經營治理描繪為不當甚至違法,未經合理查證,貶損陳冠如的專業能力、決策誠信及人格操守,也足以引發社會大眾及投資人質疑雷虎科技的經營品質及市場信用,故向其求償1億元。

Cheap反駁,影片是針對樂天桃猿球團資源不足的原因,循著樂天集團在台事業體經營狀況、樂天網銀增資需求、國票金控經營體質、及其體系相關投資個案等脈絡而評論,屬對可受公評之事發表善意評論,其中提及國票投資的雷虎生技,相關財務資訊、投資價格與數量,都有公開資訊觀測站、年報、媒體報導可供查證;至於他在影片中說「陳冠如先以個人名義投資雷虎科技」,Cheap坦言是口誤,後來有更正為「雷虎生技」。

Cheap強調,影片中並未指責雷虎科技有任何違法、舞弊、經營不善或財務異常,言論屬正面或中性,不足以侵害名譽或商譽,發表前已參考各媒體、公開資訊、年報及司法判決,已盡合理查證義務。

法官審理後認為,Cheap於影片中所言有相當資訊基礎為憑,並無明知不實的故意,發表前有盡合理查證,縱使以「慘不忍睹、形同破產」等誇飾修辭,也是對可受公評之事發表評論;也無從證明Cheap將雷虎生技說成雷虎科技是「刻意口誤以達混淆主體效果」;至於「接盤」之說,有公開資訊可查,並非全然無據,未逾越合理評論,並非以侵害名譽、商譽為唯一目的,應受言論自由保障,故駁回雷虎科技之訴,Cheap無須賠償。全案可上訴。

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