Zhang Kaili making money without limits? Defamer infringes on right to reputation
[4] Compiled from: Red Star News
Recently, the first-instance verdict in the online infringement liability dispute case filed by renowned actor Zhang Kaili against Lao was announced. The court ruled that the content published by Lao constituted insult and defamation, infringing on reputation rights. The defendant Lao must compensate Zhang Kaili 30,500 yuan for mental damages and economic losses, and issue an apology statement.
Case review
The judgment document shows that Zhang Kaili, as an actor, has widespread fame. Lao published two articles on his operated public account, using phrases such as "Zhang Kaili involved in a billion-dollar case, endorsing false advertisements" and "shameless money grabbing."
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 in the People's Court Daily. Lao stated that after learning about his family's financial difficulties, Ms. Zhang Kaili decided to waive the compensation, saying, "From now on, I will abide by the law and will not make such mistakes again."
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[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 rely on spreading rumors and insulting celebrities to gain traffic and profits, forming a harmful trend. Relevant authorities have begun to pay attention to and rectify related issues, such as the chaos of "self-media," manipulation of information content by online trolls, and poor orientation of short video content. Increasing the cost of illegal activities can fundamentally reduce the phenomenon of rumor-mongering. This action directly regulates relevant online platforms at the national level, helping to crack down on problematic self-media accounts and forcing platforms to take more proactive regulatory measures against such accounts, thereby addressing the chaos in self-media.
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.
