In a significant move to curb online misconduct, China’s Supreme People’s Court has released a set of typical cases illustrating cyber laws, drawing a clear line for online behavior. Among these cases is a notable instance involving two influential social media influencers with a combined following of over 20 million users, who transformed their livestreaming sessions into platforms for online bullying and incitement.
How Two Influencers Fueled Online Mob Attacks
The case, reported by CCTV News, centers on individuals identified as Li, Zhang, and Hu, all active on short video platforms. Zhang and Hu, boasting a massive follower base, allegedly used their platforms to incite their fans to verbally abuse, attack, and report another influencer, Li. The dispute reportedly stemmed from a personal relationship issue, with Zhang accusing Li of interfering in her relationship with her boyfriend.
Starting in July 2023, Zhang began publishing insulting and defamatory remarks about Li. She then collaborated with Hu to amplify these accusations, creating a viral topic that encouraged their followers to engage in cyberbullying against Li. The repercussions were swift, with some of Li’s commercial partners terminating their agreements due to the negative publicity.
Legal Intervention and Court Rulings
During the court proceedings, Zhang and Hu continued to instigate their followers. Video evidence submitted by Li showed thousands of fans actively participating in online abuse during livestreams where Li’s situation was discussed, with comment sections flooded with accusations.
Li presented evidence showing a significant decline in her livestreaming sales and commercial cooperation revenue due to the infringement on her reputation. Meanwhile, the defendants allegedly leveraged this controversy to boost their own traffic and increase their sales revenue.
In response to the escalating harm, Li applied for an injunction to protect her personal rights. The Changchun New Area People’s Court, specifically its internet court, reviewed the case and ruled that Zhang and Hu had engaged in group cyberbullying. Despite the ongoing trial, they persisted in their actions, exacerbating the damage. Consequently, the court ordered them to cease their infringing activities immediately, with the injunction lasting for six months.
The court’s decision to issue an injunction is a crucial aspect of protecting personal rights. As explained by the court, such injunctions are temporary judicial protective measures provided for under Article 997 of the Civil Code, designed to promptly halt ongoing or imminent infringements on personal rights.
Upholding Justice and Deterring Future Misconduct
Following the injunction, the defendants ceased their infringing behavior. The case proceeded to a substantive trial, where the court ruled that Zhang and Hu must publicly apologize to Li through their social media accounts and pay 20,000 yuan in compensation for economic losses. An appeal by the defendants to the Changchun Intermediate People’s Court was dismissed, upholding the original verdict.
The Supreme People’s Court highlighted that when reviewing applications for personal rights injunctions, courts consider three core factors: the continuity of the infringing act, the urgency of immediate cessation, and the irreparability of the damage. An example provided involved the continuous online exposure of personal information, such as home addresses and workplace details, which clearly meets the criteria for an injunction due to its persistent nature and the irreversible harm it causes.
Guidance for Victims and Consequences for Perpetrators
The Supreme People’s Court emphasized that victims of cyberbullying have recourse through personal rights injunctions or civil lawsuits. If the actions constitute criminal defamation or insult, victims can report the matter to the police or file a private prosecution.
The court stated its commitment to severely punishing online bullying offenses, with a particular focus on individuals who initiate, organize, or exacerbate such incidents. Those who organize “internet comment troops” or “water armies” to carry out cyberbullying will face heavier penalties.
Qin Zixuan, a third-level researcher at the Supreme People’s Court’s Comprehensive Research Division, warned social media influencers against leveraging their fan base and traffic to escalate personal disputes into group cyberbullying events. He reiterated that perpetrators would be held legally accountable, facing civil liabilities and potentially criminal charges.
This landmark case and the subsequent judicial interpretations from the Supreme People’s Court aim to establish clear boundaries for online conduct, ensuring that the digital space remains a platform for communication and not a conduit for harassment and defamation.
