Tesla wins second-instance lawsuit, "Boss Cai" refuses to comply

Compiled from: Red Star News, Jiupai News, Urban Daily
 
On June 6, according to Tesla's Weibo, automotive blogger Cai, after losing a lawsuit for infringing on Tesla's reputation rights, was subject to compulsory enforcement by the Ningbo Intermediate People's Court in Zhejiang Province for refusing to fulfill the obligation to publicly apologize on the relevant online platform.

 
 

Case review
On May 30, 2022, a new court hearing announcement was added regarding the reputation rights dispute between Tesla (Shanghai) Co., Ltd. and Cai Jia. The plaintiff is Tesla (Shanghai) Co., Ltd., and the related case was heard on June 1 at the Ningbo Intermediate People's Court in Zhejiang Province.

 
 

It is reported that Cai Jia is the internet celebrity car reviewer "Boss Cai," who has over 5 million followers on Douyin. He once stated that he had received a second lawsuit complaint from Tesla, in which Tesla sought 5 million yuan in damages and demanded a public apology.
 
In a 2021 video, "Boss Cai" claimed that a friend of his was one of Tesla's suppliers. After localizing production in China, Tesla adopted tactics such as driving down quotes and imposing stringent payment methods or cycles on suppliers, which could lead to quality issues with suppliers' products. Meanwhile, personnel responsible for inspections on Tesla's side and supplier staff were involved in practices such as "demanding bribes and perks."
 
The court judgment in this case has now been rendered: Cai Jia is required to publicly apologize to Tesla and pay Tesla 100,000 yuan in damages. The court found that the content of “Boss Cai”'s video had no factual basis and constituted fabrication of false facts. Moreover, “Boss Cai” used relatively aggressive language in the video, carrying obvious insulting and negative evaluations, which exceeded the reasonable scope of supervision and criticism and demonstrated intent to insult and defame Tesla.
 
 
The [1] The People's Republic of China Civil Code
Article 1025: [Limitations on the Right to Reputation]
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
At the beginning of the case, "Boss Cai" publicly disclosed the matter on Douyin, describing how he was sued and faced a claim of 5 million yuan, and stated that he would fight to the end. Later, "Boss Cai" posted another video on Douyin, saying that he and his family were under great pressure and that he was a "victim." On April 22, he again posted videos claiming that Tesla’s "legal department sued a car reviewer" and that "free speech was not allowed." These three videos received a large number of reposts, likes, and comments.
 
It is worth noting that "Boss Cai" has seen his follower count rise from 540,000 at the time of the lawsuit to 5.4 million, and he has not been penalized by the platform for his infringing conduct. This shows that the cost for self-media on online platforms to fabricate and spread rumors is currently quite low. One can fabricate rumors out of thin air and may even gain more attention and traffic, which can then be converted into profits. However, once such a trend takes hold, online platforms will descend into chaos, and anyone could become a victim.