The law protects citizens’ rights to freedom of expression and supervision, but freedom of expression must also be justified. Recently, an Internet infringement dispute case between an Internet celebrity and netizens has caused a lot of discussion on social platforms. According t

The law protects citizens’ rights to freedom of expression and rights to supervision, but freedom of expression must also be legitimate.

Recently, an Internet infringement dispute case between an Internet celebrity and netizens has caused a lot of discussion on social platforms.

According to reports, in May 2023, Internet celebrity "Qianchuan Yixiao" was called "Welfare Ji" on Xiaohongshu by netizens because she "specializes in treating various dissatisfactions and difficult and complicated diseases" and published her avatar and ID. litigation. The plaintiff believed the post was insulting and requested an order for an apology and compensation. The first instance of the Guangzhou Internet Court held that the defendant’s use of the derogatory term “welfare girl” to refer to the plaintiff in his notes and comments about the case was indeed inappropriate. However, the defendant’s release of the notes and comments was an exercise of his legal rights as a citizen. The behavioral manifestation of the power of public opinion supervision is to maintain the cleanliness and purity of the "two-dimensional" environment in which it is located. In the end, the court dismissed all claims of the plaintiff "Qianchuan Yixiao". At present, "Qianchuan Yixiao" stated that it has been submitted for second review.

↑ Defendant submitted to the court some evidence of large-scale photos taken by "Qianchuan Yixiao"

The Internet term "Welfare Ji" mainly refers to those who shoot pornographic content and sell it for profit. In this era of information explosion and increasingly strict network supervision, such a title is undoubtedly derogatory and insulting. However, in this lawsuit, while determining whether the plaintiff's personal dignity was violated, the court also emphasized the essence of the defendant's behavior - public opinion supervision.

Public opinion supervision allows the public to discuss and evaluate social phenomena and public affairs, thereby promoting social progress. Perhaps based on this meaning, the defendant's remarks about "Qianchuan Yixiao" published on Xiaohongshu were regarded as an act of public opinion supervision. The court pointed out in the judgment that although the defendant's title was inappropriate, the plaintiff "Qianchuan Yixiao" had taken multiple sets of large-scale photos and videos of various types, and disseminated and sold the above photos and videos on multiple platforms. This behavior included Violating public order and good customs. Therefore, when weighing the social impact and legal consequences of the actions of both parties, the court of first instance was more inclined to protect the defendant’s right to supervise public opinion rather than the plaintiff’s so-called right to reputation.

Although "Qianchuan Yixiao" decided to appeal, and the outcome of the case awaits the final judgment, the finding of the first instance judgment still has its special legal and social significance - it reiterates the freedom of speech, especially the supervision of public opinion. The importance of the Internet provides a strong legal guarantee for the public’s free expression in cyberspace. Although human dignity needs to be protected, in this case, under the background that "Qianchuan Yixiao" was indeed involved in taking large-scale photos and videos, and disseminating and selling them on multiple platforms, public supervision by public opinion is also a legal right , and the direction of his remarks is also more likely to be regarded as maintaining the cleanliness and purity of the "two-dimensional" environment. Although the title used is indeed inappropriate, it does not exceed the reasonable scope of public opinion supervision.

This is the difference between this case and previous personality infringement cases. This also reminds people that in cyberspace, the law protects citizens’ rights to free speech in and supervision rights in , but free speech must also be legitimate, laws and regulations must be observed, necessary boundaries must be observed, and the legitimate rights and interests of others must not be harmed. Do not slander or insult others at will.

Of course, in the current network environment, how to effectively supervise online speech and prevent malicious slander, insult and other behaviors is also an urgent problem that needs to be solved. On the one hand, it is necessary to strengthen network supervision, improve relevant laws and regulations, and clarify the boundaries and bottom lines of online speech; on the other hand, it is also necessary to improve the public's network literacy and legal awareness, so that everyone can consciously abide by network rules and jointly maintain the network Order and stability of space.

The plaintiff lost the first instance of the "Welfare Ji Case", which not only reiterated the importance of public opinion supervision of , but also provided thoughts on network supervision and freedom of speech: between freedom of speech and the right of reputation, a reasonable balance needs to be found .This balance point can not only protect the public's right to freedom of speech, but also prevent malicious slander, insult and other behaviors from occurring. To achieve this balance, we need to work together to strengthen legal supervision, improve public literacy, and jointly build a healthy, civilized, and harmonious cyberspace.

Author Yu Minghui

Editor Wang Yintao

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