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People should be careful when posting online

By Zhang Yi | CHINA DAILY | Updated: 2019-12-02 00:00
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I have dealt with many disputes involving popular stars, and a large number of them involved netizens impugning celebrities' reputations.

There is a phenomenon on social media-for example, the microblogging site Sina Weibo-where fans of certain celebrities attack other stars who have the same characteristics as, or are rivals to, their idols, and also attack their fans.

They insult the celebrities by posting and forwarding abusive messages, and some even libel them by maliciously fabricating and spreading false information.

Our investigation found that most offenders were minors (age 18 and younger), and many were middle school students. It was hard to believe that such vicious remarks could come from the mouths of teenagers. This is an important social issue that requires public attention and social guidance.

Many young offenders don't realize that their behavior is illegal and could see them in court. Some even think that they can escape investigation because the remarks have been posted on the internet.

The internet is not a lawless place. The government has issued guidance and regulations to deal with cases of online infringement, and even deleted posts can be retrieved via technical means.

Most defendants are regretful when they lose a court case because it means they have a record of antisocial behavior that may influence their access to credit and their job prospects. The judgments are usually published online, and they also have to pay compensation of tens of thousands of yuan, which is a lot for young people.

In January, I dealt with a case in which Zhang Yixin, a popular actor, sued a netizen for spreading insults about him on Weibo. After she received the court summons, the offender uploaded a handwritten apology to Zhang on her Weibo account.

In March, the court ruled in Zhang's favor, and the girl, a minor, was ordered to pay him 50,000 yuan ($7,100). However, in light of the sincere apology and the fact that the girl had family problems and her father was ill, Zhang waived her liability for compensation.

In cases involving celebrities' reputational rights, most defendants are born after 1995 or 2000. Most plead guilty, but say they have no income and cannot pay compensation.

Many stars decline to take the compensation in such cases, and they are not legally obliged to do so. However, because losing such a case can have a big impact on a defendant's later life, people should be careful when posting online.

Zhu Xiaolei spoke with Zhang Yi.

Zhu Xiaolei, a lawyer in Beijing

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