How is liability determined when fans defame and insult others during celebrity worship?
Today, the Supreme People’s Court released the second topic in the “Fifth Anniversary of the Civil Code’s Implementation” series of classic cases, titled “Upholding Justice for the People to Better Protect Their Aspirations for a Better Life.” This includes cases and discussions addressing hot topics such as the management of “fandom” culture, further bringing the Civil Code closer to the people and into their hearts.
Defaming and insulting others in celebrity worship should incur corresponding infringement liability—Wei v. He et al. in an online infringement case
1. Case Overview
Wei is a fan of celebrity A, while He and two others are fans of celebrity B. All four are users of a certain Weibo platform. He and the others previously posted negative content about celebrity A on Weibo, which Wei successfully reported. After being reported, He and the others became extremely dissatisfied and began repeatedly posting content such as “suspected criminal activity by Wei” on Weibo, along with publicly sharing Wei’s personal photos and Weibo profile link on their main pages and in comment sections. The posts garnered hundreds to tens of thousands of views, with numerous shares, likes, and comments. Wei argued that He and the others had infringed upon his reputation rights and sued them, demanding a public apology and compensation for emotional distress.
2. Court Ruling
The legally binding judgment determined that although He and the others did not explicitly name Wei in their Weibo posts, they included screenshots of platform notifications where Wei had filed complaints, as well as disclosed Wei’s Weibo profile link and personal photos. Since Wei’s Weibo account was verified under his real name, other users could easily identify that the posts targeted him. The defamatory content posted by He and the others led to a decline in public perception of Wei, constituting an infringement of his reputation rights. Therefore, they were held liable for infringement. Considering factors such as the reach of the posts and the degree of fault, the court ordered He and the others to each post a public apology on their Weibo accounts for one week, along with paying compensation for emotional distress.
3. Significance of the Case
Within fan communities, behaviors such as mutual insults, defamation, vote manipulation, and false accusations not only violate others’ legal rights but also pollute the online environment, drawing strong public criticism. In this case, the court applied relevant provisions of the Civil Code on personality rights, affirming that fans defaming and insulting others in their pursuit of celebrities constitutes an infringement of personality rights. This ruling provides clear judicial guidance on issues such as identifying online users and determining infringing actions, encouraging rational online discourse, promoting lawful governance of “fandom” chaos, and fostering a healthy online environment.
4. Civil Code Provisions
Article 1024 Civil subjects enjoy the right to reputation. No organization or individual may infringe upon another’s reputation rights through insults or defamation.
Reputation refers to the social evaluation of a civil subject’s moral character, social standing, talent, and credibility.
Article 1183 If the infringement of a natural person’s rights causes severe emotional distress, the victim has the right to claim compensation for emotional damages.
Intentional or grossly negligent infringement involving matters of personal significance to a natural person, resulting in severe emotional distress, entitles the victim to claim compensation for emotional damages.