Lack of emotion, poor ability to distinguish online information needs to be filled with love and warmth
They in the "fake star" scam
On October 13, 61-year-old Ms. Huang from Ganzhou, Jiangxi Province, was obsessed with the "fake Jin Dong" on the short video platform. She quarreled with her family and even ran away from home to Changchun to find the "fake Jin Dong".
It is understood that Ms. Huang is a middle-aged woman who has only recently come into contact with smartphones. Her long-term pressure in life makes her eager to talk, and she is deeply trapped in the scam of "fake Jin Dong" on the short video platform.
On the same day, Jin Dong Studio issued a statement on the short video platform that someone faked Jin Dong's name to open an account, stating that none of the "Jin Dong" series of accounts on the short video platform were his own.
In addition to "Jin Dong", Chengdu Business Daily-Red Star News reporters searched for celebrity names on multiple short video platforms. In addition to the accounts that were officially certified by the platform plus V, they also searched for many accounts that were not certified by the platform, suspected to be celebrities. High imitation account.
Through investigation, the reporter found that these fake celebrity accounts mostly use the celebrity’s own photo as the avatar, or have the celebrity’s name in the nickname, and then target middle-aged and elderly female users, defraud their attention and likes, and then gradually induce the other party to buy E-commerce products.
event
61-year-old woman fell in love with "fake Jin Dong"
According to Jiangxi TV station, 61-year-old Ms. Huang from Ganzhou, Jiangxi has a slight depression due to family conflicts and long-term life pressure, and urgently needs to talk.
And when she was new to a smartphone, when using a short video app, an account that claimed to be "Jin Dong" inadvertently became a vent for her feelings, and she was stuck in it ever since.
Ms. Huang said that the actor "Jin Dong" she is obsessed with is herself. The two have expressed their hearts to each other through short videos, and the other party has also expressed their liking to all users.
In order to fall in love with "Jin Dong", she would buy a lot of things to support him in every live broadcast of the other party, and the other party also promised to buy her a house for 600,000 yuan.
The screenshot of the report shows that this so-called "Jin Dong" is actually an ordinary short video account that uses the actor Jin Dong's own photo as the avatar and the nickname contains the word "Jin Dong", without V authentication.
At the same time, most of the related video works released by this account are the screens of Jin Dong during the interview, spliced with the voice of the robot, or directly typed guiding dynamic text on some background materials.
On October 13, Jin Dong's studio issued a statement on Weibo in response, stating that Jin Dong had never opened an account on any short video platform, and none of the "Jin Dong" series of accounts on the short video platform was his own.
For such accounts, the studio will pursue legal responsibilities of relevant subjects through legal channels.
"Through the counseling of psychologists, Ms. Huang has already recognized the truth." On the morning of the 14th, a reporter from Chengdu Commercial Daily-Red Star News learned from the relevant staff of Jiangxi TV Station that Ms. Huang is still living separately from her husband and is now living apart from her husband. The son was taken to rest in the field.
In addition, the staff member said that after the report was issued, the relevant short video platform contacted them, claiming that they are investigating and prosecuting the fake account to protect Ms. Huang's legitimate rights and interests.
survey
High imitation star accounts frequently appear on short video platforms
The Chengdu Commercial Daily-Red Star News reporter searched on the short video platform and found that some fake actor Jin Dong’s accounts have been emptied, but there are still many “fake Jin Dong” accounts.
Most of the video works he produced were also dubbed for Jin Dong's photos or interviewed video clips.
The dubbing language is "Dear sister, I keep sending you messages, why don't you return to me?" "Sister, click the love and the plus sign on the right, can you reply to me?" and other inductive language.
In addition to Jin Dong, the reporter found that there are many other celebrities suspected of "high imitation accounts" on the short video platform.
Reporters searched for the names of celebrities such as Yue Yunpeng, Shen Teng, Wang Yaoqing, and Zhang Yi on the short video platform. In addition to searching for accounts with the platform's official certification plus V, they can also search for many accounts that have not been verified but whose names are the celebrities.
Some account operators intercepted celebrity videos and added confession words, love songs and other content, which caused many netizens to interact and forward.
For example, when a reporter searches for "Yue Yunpeng" on the Kuaishou platform, he can see accounts with the names "Yue Yunpeng y" and "I am Xiao Yueyue". The content in the accounts are mostly clips of Yue Yunpeng's variety shows.
Similarly, when a reporter searched for "Shen Teng" on the Douyin platform, in addition to the account named "Shen Teng", the authentication information was "Director, actor", and the number of fans was 1091.3w, many accounts named "Shen Teng" appeared. "Plus the emoji account.
In addition to male celebrities, female celebrities also have high imitation accounts.
The reporter randomly clicked on an unverified "Yang Mi" account with 11,000 followers. One of the videos started with a greeting video recorded by Yang Mi in public. After Yang Mi said "Hello everyone, I am Yang Mi", It was dubbed "Help me light up the little red heart and the plus sign on the right. I really want to see you today."
The reporter noticed that in the comment area of Yang Migao's imitation account, many netizens left messages: "Yang Mi wishes you happiness for the whole family", "support remarriage", "remarry quickly and give Xiao Nuomi a complete home" and so on.
Under these comments, the account operator did not give an explanation, but replied: "Thank you for your support, please add your attention."
The reporter left a message and private message to the account, asking if the other party was really Yang Mi, but the account did not reply.
The Chengdu Commercial Daily-Red Star News reporter also noticed that most of the fans of this type of account are middle-aged and elderly female users.
After defrauding their attention and likes, they often leave a message under the other party's video to confide in their feelings, and forward and share the co-production video of themselves and the other party.
In these co-production videos, "stars" either send warm wishes to fans or sing songs for fans.
Later, the reporter contacted the Douyin and Kuaishou platforms and asked, "Did the platform notice the phenomenon of a large number of celebrity'high imitation' accounts on the platform?" "Does the platform have corresponding management measures for this phenomenon?" After the'Jin Dong account' incident, how will the platform strengthen the review and management of the account and its content?" and other questions.
As of press time, no response has been received.
perspective
Why are you obsessed with "fake stars"?
They need to fill the gap with love and warmth
Compared with many domestic short video platforms, the marketing methods used by other celebrities and actors after being disguised by others are similar to the above-mentioned "fake Jin Dong" series of account models. Most of the fans of these accounts are middle-aged and elderly female users.
They all cheat likes and fans through celebrity effects, and after accumulating a certain amount of fans, they start live broadcasting and monetize goods.
She feels she has become friends with the star
Under a "fake Jin Dong" account, Ms. Long, a 60-year-old fan from Baojing, Hunan, told reporters that she had only started using smartphones at the beginning of this year.
In the first co-production video between Ms. Long and "Jin Dong", the reporter saw that the left side of the screen shows Jin Dong's appearance during the interview, and the right shows Ms. Long waving hello to the camera at her home. The background voice of the video It was a confession that looked like a robotic male voice.
Ms. Long said that because "Jin Dong" would reply to her, and often privately wrote to her, she felt that she had become friends with celebrities, and she believed in each other very much.
"During the interaction, Dongdi asked me to buy the lady's cream and clothes he recommended. I don't think the money is much, and a piece of clothing is only ten yuan, so I bought it, and it hasn't arrived yet."
Ms. Zhao, who lives in Jingzhou, Hubei, also followed a "Jin Dong" on the short video platform.
Her husband passed away more than a year ago, and her children were absent for a long time. In order to pass the time, she spends a lot of time on the short video platform every day. Among them, "Jin Dong" is one of her most interactive users.
Ms. Zhao told reporters that she likes Jin Dong's film and television dramas, but is not obsessed with him, so when a man named Wu called "Jin Dong" assistant to invite her to participate in charity activities, she refused.
"I am a rural woman, I don't understand these things, and I am afraid of being deceived." But Ms. Zhao said that no matter whether the "Jin Dong" she is concerned about is true or false, as long as the request is made by the other party, she will help. carry out.
Expert: similar to PUA mental brainwashing
“This is like a large-scale scam targeting middle-aged and elderly women who don’t understand the Internet, but the tricks of these scammers are not clever.” Zhang Yinling, a national second-level psychological counselor, told reporters that for people familiar with the Internet, these fake stars The marketing account is very rough and can tell the truth at a glance, but for some middle-aged and elderly women who have no experience in surfing the Internet, they have a narrow contact area and poor ability to recognize false information. It is easy to believe in the scammer under the package. .
"Most of the information they are exposed to comes from television, and male celebrities or celebrities with good images are more likely to be accepted and believed by them."
Zhang Yinling said that for these women at this stage, for various reasons, when their children grow up and leave, they will not receive love and attention from their wives, and their hearts will become lonely and empty. "If at this time, There is a very good person to express love to her, give her romance and affirmation, to satisfy her love needs, sense of value, vanity, then she will be easily captured, which is somewhat similar to the mental brainwashing method in PUA ."
Therefore, Zhang Yinling suggested that while strengthening the ability of such groups to distinguish online information and respond to endless online frauds, they should also pay more attention to their spiritual world. "They need to fill the gaps with love and warmth."
statement
Is it illegal to let fans "reward" with high imitation accounts?
Is the short video platform responsible?
Are there legal risks to these accounts?
What responsibilities will the short video platform party bear?
In this regard, the reporter consulted a lawyer.
1. Use the celebrity’s name as the account name, and the celebrity’s own picture as the avatar, and publish the video recorded by the celebrity in public. Is this kind of high imitation account suspected of infringing on the celebrity?
Lawyer Xu Bin of Sichuan Junyi Law Firm: According to Article 139 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation)", the portrait is used for profit without the consent of citizens Advertising, trademarks, decoration of shop windows, etc. shall be deemed as acts that infringe on citizens' portrait rights.
According to Article 99 of the "General Principles of Civil Law", citizens have the right to name, have the right to decide, use and change their name in accordance with regulations, and prohibit others from interfering, embezzling, or fraudulent use.
Therefore, the use of any citizen's or celebrity's name or his own picture as an avatar without consent constitutes an infringement of portrait rights and name rights for profit.
Lawyer Jiang Luxian of Taihetai Law Firm: If the account operator uses his portrait for commercial use without the celebrity’s consent, it will violate the celebrity’s portrait rights.
However, if only the celebrity’s name and photo are used as the avatar, the celebrity video is published, and the account purpose is even clearly indicated, it has no profit-making purpose and commercial activity, and does not constitute infringement.
For example, fans will use this method to promote and attract the stars they like to increase the popularity of the idol.
2. If these celebrity counterfeit accounts are used to defraud celebrity fans and solicit property, should the platform be held responsible?
Lawyer Xu Bin from Sichuan Junyi Law Firm: Regarding the responsibility of online platforms, my country has made some "safe haven" protections in the Tort Liability Law. Therefore, the substantive responsibility of online platforms is after receiving a true infringement report. Failure to disconnect or delete the link in a timely manner shall bear joint and several liability for the enlarged loss.
If the platform receives a true report of infringement, it will not be liable if it is disconnected in time.
According to Article 63 of the "Judicial Interpretation of the Tort Liability Law of the People's Republic of China", the infringement stated in the notice of the infringed party is true, and the network service provider fails to delete the content or disconnect the link to the content after receiving the notice. , And assume joint and several liability for the enlarged part of the damage and the infringing network user.
The extended part of the damage shall be based on the time when the network service provider receives the notice. For subsequent damages, the network service provider shall bear joint liability with the network user.
Then, regardless of whether these high imitation accounts have committed fraud or soliciting property from celebrity fans, as long as the online platform receives a notice that these high imitation accounts infringe on portrait rights and name rights, and the infringement is true, the link will not be disconnected or broken. Deleted in time, shall bear joint and several liability for the enlarged damage.
Lawyer Jiang Luxian of Taihetai Law Firm: If the account operator synthesizes the celebrity video by dubbing, editing, etc., and operates the account with the celebrity as the first person (ie the "high imitation account"), some fans believe that he is the celebrity and publish it In the case of Aimer’s private message, if the account operator further replies to the fan claiming that he is the celebrity himself, and using the celebrity’s identity to request or induce fans to transfer money, purchase products, etc., it is deliberately deceiving others, causing them to fall into misjudgment and thus make a mistake Means that the behavior is suspected of fraud.
If victims encounter these account frauds, they should collect and retain evidence in time, and at the same time complain to the platform service provider or even file a lawsuit.
3. Some netizens named "Chengdu Liang Chaowei" on social platforms. Does this behavior constitute infringement?
Lawyer Xu Bin from Sichuan Junyi Law Firm: This situation also constitutes an infringement of the right to name.
Article 99 of the "General Principles of Civil Law" stipulates that citizens have the right to name, and others are prohibited from embezzling or counterfeiting.
Citizen’s right of name is different from the right of portrait. The consent is legal.
The right to name is legal without being stolen or consented by the fraudster.
Lawyer Jiang Luxian of Tahota Law Firm: Does not think that it constitutes infringement, and the joking behavior does not constitute a true expression of intent in the civil law, and it will not be misunderstood by the other party, nor will it produce any legal consequences.
Chengdu Commercial Daily-Red Star News reporter Luo Mengjie Peng Jing