Zhang Kaili making money without limits? Defamer infringes on right to reputation
[4] Compiled from: Red Star News
Recently, the first-instance judgment was rendered in the network infringement liability dispute case brought by renowned actress Zhang Kaili against Lao Mou. The court determined that the content published by Lao Mou constituted insult and defamation, infringing upon Zhang Kaili's right of reputation. The defendant Lao Mou is required to pay Zhang Kaili a total of 30,500 yuan in compensation for mental distress and economic losses, and to issue a statement of apology.
Case review
The judgment shows that Zhang Kaili, as an actress, enjoys widespread recognition. Lao, in the public account operated by him, published two articles using content such as “Zhang Kaili implicated in a massive case worth hundreds of millions, endorsing false advertisements” and “making money without any bottom line.”
The court held that the titles and content of the involved articles had clear directional implications, posing a high risk of infringing on the plaintiff's personal rights. The descriptions could cause public misunderstanding of the plaintiff, leading to a decline in social evaluation. The court determined that the relevant content constituted defamation of the plaintiff, infringing on their reputation rights.
It is reported that Lao has published an apology statement in the People's Court Daily. Lao stated that Ms. Zhang Kaili decided to waive the compensation after learning about the financial difficulties of their family, and said, "I will certainly abide by the law and will not make such mistakes again."
The
[1] The People's Republic of China
Civil Code
Article 1024
Civil subjects enjoy the right to reputation. No organization or individual may infringe upon others' right to reputation through insults, defamation, or other means. Reputation refers to the social evaluation of a civil subject's moral character, prestige, talent, credit, etc.
Article 1025
Where a person engages in news reporting, public opinion supervision, or similar activities for the public interest, thereby affecting another person's reputation, they shall not bear civil liability, except in any of the following circumstances:
(1) Fabricating or distorting facts;
(2) Failing to fulfill the duty of reasonable verification regarding seriously inaccurate content provided by others;
(3) Using insulting language or other means to degrade another person's reputation.
[1] The author's perspective
Currently, some netizens and self-media outlets seek to gain traffic and profit by spreading rumors and hurling insults at celebrities, which has become a toxic trend. Relevant authorities have begun to pay attention to and rectify these issues, such as the chaos caused by “self-media,” the manipulation of information content by internet water armies, and the harmful orientation of short video content. Increasing the cost of violating the law can fundamentally and significantly reduce the phenomenon of rumor-mongering. This campaign directly imposes constraints on relevant online platforms at the national level, which is conducive to cracking down on harmful self-media accounts and forcing platforms to take more proactive regulatory actions against relevant online accounts, thereby addressing the chaos in the self-media landscape.
On the other hand, individuals should carefully consider their words when expressing opinions, and not speak recklessly just to attract attention. The internet is not a lawless place, and illegal actions will come with consequences.
