went from becoming an overnight sensation due to anti-fraud propaganda to resigning as a police officer without hesitation; from trying to cross-border into the field of mukbang, to calling police across the country to apply for jobs online. Nowadays, every step taken by "anti-fraud veteran" Chen Guoping will attract the attention of netizens...
"Who gave him the right to use other people's portraits to comment on others, I have reached the peak of pressure." On the 28th, according to public opinion "Anti-fraud Lao Chen", who has been troubled for a long time, announced for the first time on his personal account that he will sue an Internet celebrity commentator with more than 9 million fans. A reporter from the
Rule of Law Network noticed that this prosecution incident is not unrelated to the job search announcement of "Anti-Fraud Lao Chen" on the 26th. When the announcement triggered discussion among netizens, Liu Xuesong, an Internet celebrity commentator with 9.65 million fans, released two videos one after another. The core theme was "Why is the anti-fraud old Chen crying?" The video directly quoted the video clip of "Anti-Fraud Lao Chen" and commented on the matter.
Internet celebrity commentator Liu Xuesong said bluntly in the video: "(Old Chen) took off his uniform in the first place for the money. Now he wants to turn back the prodigal son, what kind of gold can he exchange for..."
According to Jiupai News, Chen Guoping is in In an interview, he said that he had tried to send a private message to Liu Xuesong, hoping that he would delete the video, but was unable to send it due to the other party's settings, and the message in the comment area did not receive a reply. "A big V with nearly 10 million followers should be responsible for what he says. You can't make random remarks without knowing my details." Chen Guoping said angrily.
html On the 128th, Chen Guoping updated the video and said that he would sue commentator Liu Xuesong, believing that he used his video material without consent, suspected of infringement of portrait rights, and his words were insulting and slanderous. Chen Guoping told reporters, "I have already found a lawyer. It is not money to sue him. Even if I ask him to pay one yuan, I will sue him."Regarding Chen Guoping's plan to sue commentator Liu Xuesong, a senior partner of Shaanxi Hengda Law Firm Zhao Liangshan, a well-known public interest lawyer, said in an interview with the media that Article 1019 of the Civil Code clearly stipulates the protection of other people’s portraits. No organization or individual may infringe upon the portraits of others by vilifying, defacing, or using information technology means to forge them. Portrait rights of others. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed. The self-media quoted Chen Guoping's video, which contained his portrait, so the self-media infringed on Chen Guoping's portrait rights, constituting infringement.
Lawyer Ma Lihong, a member of the Lawyer Expert Database of "Rule of Law Daily" and a senior partner of Beijing Deheheng Law Firm, told the reporter of Rule of Law.com that if the portrait rights holder involved is a public figure, whether the infringement requires more detailed consideration. The mainstream view is that public figures should have certain tolerance obligations in the field of personality rights. Anti-fraud Lao Chen has a certain social reputation. Subjectively, as a network anchor, he actively pursues social attention. Objectively, he has indeed received sustained social attention and should be classified as a public figure. The portraits and behaviors of public figures involve the public's interests and entertainment life, and are related to the realization of the public's right to know and the development of public opinion supervision. It is necessary to restrict and protect the personality interests of public figures.
Lawyer Ma Lihong further added that as far as portrait rights are concerned, public figures have no rights to their own portraits, unless the rights holder declares in advance that they will not make or use the portrait under any circumstances, or it involves economic interests in the portrait, vilification, tarnishment, illegal use, etc. There should be a certain obligation to tolerate the reasonable disclosure and commenting of portraits. Therefore, if there are no circumstances such as vilification, tarnishment, or illegal use, anti-fraudulent Chen’s identity as a public figure must be considered, and a careful judgment should be made as to whether his portrait rights have been infringed upon. A reporter from the
Rule of Law Network noticed that as early as 2022, when Chen Guoping resigned from the police force, he had already explained the reasons for his departure from the system. At that time, he said: "The main reason is because the traffic is too large. I feel that if I say something inappropriate at the cusp of the storm, it may cause public trouble to the unit, so I want to simply resign and take responsibility for myself in the future."
In response to online speculation about his dismissal, Chen Guoping posted his "Civil Service Resignation Application Form" online. The reason for his resignation stated: "Due to long-term poor sleep, trigeminal neuralgia, and severe depression. , rheumatism and other physical reasons, he voluntarily resigned from his position as a civil servant. "
It is worth noting that Internet celebrity commentator Liu Xuesong has 9.65 million fans on the video social platform. Lao Chen told reporters that after Liu Xuesong posted comments such as Chen Guoping's "going for money", many netizens who watched the video came to There are various methods of scolding him, including comments, private messages, etc.
commentator Liu Xuesong’s negative comments about Chen Guoping infringe on his right to reputation? Lawyer Ma Lihong told the reporter of Rule of Law. There should be a certain obligation of tolerance. However, this does not mean that cyber violence can be tolerated without a bottom line. If it exceeds the reasonable limit and uses insulting methods to derogatory, it is suspected of infringing on the reputation rights of others. In serious cases, even It constitutes the crime of insult. Therefore, using obviously derogatory language to comment on others and causing damage to others' reputation and peace of life should be regarded as an infringement of the right of reputation. Usually infringement of the right of reputation is a tort in the civil field, and when it is resolved through civil litigation procedures ; If the circumstances are serious, you may also bear criminal liability.
"'Hell is other people'. The harm caused by cyberbullying can even affect innocent family members. Any bad word may be the last word to overwhelm the victim and his family. Straw. Ma Lihong reminded that it is impossible for anyone to fully understand another person. Therefore, one must be particularly careful when evaluating others, and one cannot hurt or demean others with casual remarks. To create a clear and healthy online environment, one needs to be in it. Everyone knows how to respect others, fear the law, and be responsible for their own words and deeds.
Source: "Rule of Law Network" WeChat official account
