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 and failing to fulfill the obligation to publicly apologize on relevant online platforms, was enforced by the Ningbo Intermediate People's Court in Zhejiang Province.

 
 

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

 
 

It is reported that Cai Jia is the influencer car reviewer "Boss Cai," with over 5 million followers on Douyin. He once stated that he received a second lawsuit from Tesla, which demanded 5 million yuan in compensation and a public apology.
 
In 2021, "Boss Cai" claimed in a video that a friend of his was one of Tesla's suppliers, alleging that after localization, Tesla pressured suppliers by lowering quotes, imposing strict payment terms or cycles, which could lead to quality issues in supplier products, and that Tesla's inspection personnel and supplier staff engaged in "demanding bribes and kickbacks."
 
The court verdict for this case has now been issued: Cai Jia must publicly apologize to Tesla and pay 100,000 yuan in compensation. The court determined that the content of "Boss Cai's" video lacked factual basis and constituted fabricated falsehoods. Additionally, the language in the video was harsh, with clear insulting and negative evaluations, exceeding the reasonable scope of supervision and criticism, and showing intent to insult and defame Tesla.
 
 
《 [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" also made the matter public on the Douyin platform, describing how he was sued for 5 million yuan in compensation and stating that he would see it through 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 released videos on Tesla's "Legal Department Sues Auto Reviewer" and "No Free Speech," among others. These three videos received a large number of shares, likes, and comments.
 
It is worth noting that "Boss Cai" has grown from 540,000 followers at the time of being sued to 5.4 million, and he has not yet been penalized by the platform for his infringing actions. This shows that the cost of creating and spreading rumors by self-media on online platforms is not high. One can fabricate rumors with empty words and even gain more attention and traffic, which can even be converted into profits. However, once this trend takes hold, the online platform will fall into chaos, and anyone could become a victim.