The adaptation of the Hong Kong socialite dismemberment case into a TV drama has sparked controversy, with lawyers interpreting the protection of the rights of the victim's close relatives
Lead
In 2023, a shocking murder case occurred in Longwei Village, Tai Po, Hong Kong. socialite Cai Tianfeng was conspired to be killed and dismembered by her ex husband's family. The police found a soup pot containing human tissue in the involved village house, and the brutality of the details of the case has attracted attention throughout Hong Kong. Since the incident, multiple individuals involved have been arrested and entered into judicial proceedings. However, recent film and television works have been accused of bringing some of the plot of the case to the screen, including using details such as "green carrot soup" as plot elements, once again pushing the victims and their families into the vortex of public opinion. A lawyer from Guangdong Zhiming Law Firm pointed out that this case not only involves criminal accountability itself, but also raises a long neglected legal issue - how can the personal interests, privacy rights, and reputation rights of the victim's close relatives be legally protected after their right to life is deprived? Where is the boundary of creative freedom in film and television adaptation? This article analyzes from the perspective of lawyer practice.
1、 Case Review and Criminal Accountability Framework
The Cai Tianfeng case occurred in February 2023, when Hong Kong police discovered the remains of the victim in a village house in Longwei Village, Tai Po. Subsequently, they arrested her ex husband Kwong Kong chi and his father and brother, among others. The Hong Kong police seized a soup pot at the scene during the investigation, and after forensic examination, it was found to contain human head and body tissues. The case quickly attracted high attention from the public opinion in both mainland China and Hong Kong, and is currently still under judicial proceedings in Hong Kong.
From a criminal legal perspective, Hong Kong operates under the common law system, and murder is a serious offense under the Offences Against the Person Ordinance, with a maximum sentence of life imprisonment. If it involves dismemberment, destruction of evidence and other circumstances, it may also violate the crime of preventing the lawful burial of the body. Under the legal framework of mainland China, similar behavior may involve the crime of intentional homicide under Article 232 of the Criminal Law of the People's Republic of China, which can result in the death penalty; At the same time, it may constitute the crimes of intentional injury under Article 234, theft, insult, intentional destruction of corpses under Article 302, etc. Although there are differences in the legal systems of the two places, they both reflect the most severe negative evaluation in terms of the protection of the right to life.
It is worth noting that although the victim has passed away, the legal protection of their personal interests does not cease as a result. Article 994 of the Civil Code of the People's Republic of China stipulates that if the name, portrait, reputation, honor, privacy, or body of a deceased person is infringed upon, their spouse, children, or parents have the right to request the perpetrator to bear civil liability in accordance with the law. This provision provides a substantive legal basis for the rights protection of the victim's close relatives.
2、 The Legal Boundary of Film and Television Adaptation: The Conflict between Creative Freedom and Protection of Personality Rights
The adaptation of film and television works based on real cases is a common creative technique both domestically and internationally. But creative freedom is not without boundaries. Article 1027 of the Civil Code stipulates that if a literary or artistic work published by an actor depicts real people or specific individuals, contains insulting or defamatory content, and infringes on the reputation rights of others, the victim has the right to request the actor to bear civil liability in accordance with the law.
Specifically in this case, if a film or television work directly uses the victim's name or image, or points to a specific case with highly recognizable plot points such as "green carrot soup", it may simultaneously violate the protection of privacy and reputation rights. In terms of privacy rights, Article 1032 of the Civil Code stipulates that natural persons have the right to privacy, and no organization or individual may infringe upon the privacy of others by means of espionage, intrusion, disclosure, or public disclosure. The mental pain suffered by the close relatives of the victim due to the repeated dissemination of case details can be used as a basis for claiming compensation for mental damages in judicial practice.
In terms of reputation rights, if the adapted content tarnishes the image of the victim or implies that the victim is at fault, resulting in a decrease in social evaluation, close relatives may claim to stop the infringement, eliminate the impact, restore reputation, and apologize according to Article 995 of the Civil Code. In many cases of "AI face changing" and film and television adaptation infringement heard by the Beijing Internet Court in recent years, the court tends to believe that even if pseudonyms are used or technical processing is carried out, as long as the public can identify a specific subject, it may still constitute infringement.
In addition, if a film or television work uses images of the victim's portrait or body, it may also involve the provisions of Article 1019 of the Civil Code on the protection of portrait rights. Close relatives may exercise their rights in accordance with Article 994.
3、 Practical paths and difficulties in safeguarding the rights of close relatives
In legal practice, the rights protection of close relatives of victims often faces several major difficulties. The first issue is the qualification of the litigation subject. According to Article 994 of the Civil Code, spouses, children, and parents have the right to claim, and the scope of close relatives is clear. However, disputes often arise in practice due to issues such as proof of kinship and inheritance order. Secondly, the criteria for determining infringement. Whether a film or television work constitutes infringement depends on whether it has "recognizability" and whether there is insult, defamation, or privacy leakage. If the work only abstractly references the type of case and does not point to a specific subject, the court usually determines that it does not constitute infringement. Thirdly, the amount of compensation for mental damages. In judicial practice, the court will comprehensively consider factors such as the degree of fault of the infringer, the circumstances of the infringement, the scope of dissemination, and the mental pain caused to close relatives, and the amount of compensation ranges from tens of thousands to hundreds of thousands of yuan.
On the path of safeguarding rights, close relatives can first send a lawyer's letter to the film and television production company and broadcasting platform, requesting the deletion of relevant content, cessation of dissemination, and apology. If the negotiation fails, a lawsuit for infringement of personality rights can be filed with the people's court with jurisdiction, and a pre litigation injunction can be applied for, requiring immediate cessation of broadcasting or delisting. At the same time, complaints can be made to the competent authorities such as the National Radio and Television Administration, and administrative measures can be used to quickly stop the spread of infringing content.
For cross-border film and television works, if the producer or broadcasting platform is located in Hong Kong or overseas, close relatives may also consider seeking relief in accordance with local laws. The Personal Data (Privacy) Ordinance and defamation lawsuits under common law in Hong Kong can also serve as alternative paths.
4、 Legal Implications for the Public and Enterprises
The inspiration brought by this case is multifaceted. For practitioners in the film and television industry, legal due diligence should be conducted before adapting real cases to assess whether authorization from close relatives has been obtained and whether there is a risk of infringement. Especially when it comes to sensitive topics such as homicide and sexual assault, it is important to handle the victim's information carefully to avoid secondary harm. For the general public, sharing case details and disseminating unverified information on social media may also constitute a violation of the privacy rights of the victim's close relatives and require corresponding legal responsibility.
For enterprises, if they improperly cite case elements in advertising and marketing content, they may face lawsuits for infringement of reputation and privacy rights, and even trigger brand crises. It is recommended that enterprises establish a legal review mechanism in the content creation and dissemination process to prevent compliance risks.
Guangdong Zhiming Law Firm has long been concerned with the protection of personality rights and the rights and interests of criminal victims. It can provide full process legal services for close relatives of victims, from fixed evidence, lawyer letters to litigation representation. It can also provide content compliance review and infringement risk prevention and control plans for film and media enterprises. The law is not only a tool for punishing crimes, but also a barrier to protect the dignity of the living.
