On January 11, the Beijing Internet Court announced to Yin Moumou and Xu Moumou the civil judgment in the case involving Elva Hsiao and his online infringement liability dispute. According to the
announcement, the court ruled that the defendants Xu and Yin publicly apologized to the plaintiff Elva Hsiao on their Weibo accounts, and compensated Elva Hsiao for mental damage consolation of 50,000 yuan and reasonable expenses of 21,000 yuan.
Reporters found out by checking court announcements that this online tort liability dispute case is related to the well-known artist Elva Hsiao who was rumored to have contracted AIDS due to a chaotic private life in 2019.
In May 2019, a user nicknamed "Jinjin Walking in the Entertainment Circle" published an article "Elva Hsiao is confirmed to be suffering from AIDS and is actively receiving treatment, and the agency has abandoned her."
On May 14, 2019, Elva Hsiao issued an article to refute the rumors, saying that this rumor is not only harmful to herself, but also harmful to her mother. She will do everything possible to find the source of the rumors to prevent more people from being harmed. In the article, Elva Hsiao also explained that the reason why he has not shown up for a long time is because his throat and stomach are uncomfortable, and he can only take care of them slowly.
On October 9, 2020, Beijing Xingquan Law Firm released a case report, Xiao Yaxuan won the first instance of the online infringement liability dispute (right of reputation) case against a certain Internet user (He Moumou). The defendant
posted defamatory/insulting content against Elva Hsiao on the Weibo account he registered and operated, and was determined by the trial court to constitute an infringement of Elva Hsiao's reputation rights.
However, after that, He Moumou, the registrant of the infringing account, appealed and claimed that the account involved was registered by someone else who had stolen his identity information, and the court ruled that the account should be remanded for retrial.
The defendants in this civil judgment were the real "masterminds" Xu and Yin, and they received the punishment they deserved.
According to public information, Elva Hsiao, born on August 24, 1979 in Taoyuan City, Taiwan, China, is a Chinese pop music female singer and songwriter.
This is not the only case where celebrities in the entertainment industry have been sued for spreading rumors.
infringed JJ Lin, Zhao Moumou issued a statement to apologize.
Tianyancha app shows that on January 10, the court published a statement by Zhao Moumou to apologize to JJ Lin. The content of
shows that Zhao used his Weibo account to publish 11 infringing blog posts against Lin JJ and his family, and 41 malicious infringing comments against Lin JJ and his family, maliciously fabricating, slandering and spreading false negative information about JJ Lin. The rumors had an extremely negative impact, and the Beijing Internet Court ruled that the blog post involved in the case infringed on JJ Lin's right to reputation.
Zhao Moumou fully agrees with the content of the judgment and is willing to fulfill it. He hereby apologizes to Lin JJ and promises not to infringe upon the legitimate rights and interests of Lin JJ and his family in any way in the future.
Zhang Kaili won the reputation infringement case
In April 2023, the first instance verdict of actor Zhang Kaili sued Mr. Lao for online infringement liability dispute. The
verdict shows that Lao published two articles on the public account he operated, using content such as "Zhang Kaili was involved in a billion-dollar case and endorsed false advertising" and "make money without a bottom line."
The relevant content published by Lao constitutes insult, defamation and infringement of reputation rights. The defendant Lao must compensate Zhang Kaili for mental damages and economic losses totaling 30,500 yuan, and issue an apology statement.
Lawyer: The Internet is not an illegal place
Lawyer Zhang Hui, a partner at Beijing Wanshang Tianqin Law Firm, said that in recent years, celebrity infringement cases have mainly concentrated in two categories.
One is the infringement of the celebrity's portrait rights. Typical examples include the abuse of portraits by plastic surgery institutions, the abuse of emoticons, and the infringement of WeChat soft articles.
The second is the infringement of reputation rights. Reputation refers to the social evaluation of a person's moral character, reputation, talent, credit, etc. If the infringer's behavior reduces the social evaluation of the star, it may constitute reputation infringement. Infringement is mainly carried out through insults, slander, etc., such as Zhang Kaili's case. Lawyer
reminds that the Internet is not an illegal place, and netizens should not spread unverified content at will.
Netizens have said: The Internet is not a place outside the law, and you must be responsible for your words and deeds.
According to Xiaoxiang Morning News
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