China News Service Client, March 5th (Liu Yue) "Cyber ​​violence" is a hot spot that has attracted much attention on the Internet in recent years.

A few days ago, actor Yang Yang won the case of rights protection, and the infringing netizens publicly apologized, which further caused heated discussions.

Regarding the difference between "freedom of speech" and "cyber violence" involving public figures, Zhu Xiaolei, the entrusted party in the Yang Yang rights protection case and the founder of Beijing Xingquan Law Firm, accepted an exclusive interview with Chinanews.com.

Infringing netizens publicly apologize

　　During the interview, Zhu Xiaolei showed some of the infringement evidence in the Yang Yang rights protection case to the reporter from Chinanews.com.

He said: "The netizen used extremely filthy and vicious words on his Weibo account to publish a large number of blog posts cursing, derogating and insulting Mr. Yang Yang, which violated Mr. Yang Yang's right of reputation."

　　Zhu Xiaolei introduced that generally speaking, there are two main ways to infringe the right of reputation, one is insult, the other is defamation.

"As long as the remarks posted by netizens constitute an insult or slander to others, they will be suspected of infringing on the right of others' reputation, and then they need to bear tort liability such as apology and compensation for losses."

　　In his view, taking public figures as an example, when netizens make subjective remarks, such as "judging poor acting skills", they should belong to the category of freedom of speech, and all netizens cannot be forced to praise public figures.

Public figures should accept reasonable criticism, even if the content of the criticism is sharp, it should be distinguished from insults.

Public figures should be changed if they exist, and encouraged if they are not.

　　If netizens use personal attacks, abusive words, or fabricate serious and false remarks in the process of judging public figures, and spread and incite them, then they may be suspected of infringing on the right of reputation of others and constitute an Cyberbullying of public figures.

　　From January to March 2018, netizen Xu Moumou posted insulting and defamatory remarks about actor Yang Yang, to August 21, 2020, the law firm was entrusted to disclose the case registration information to the outside world, and Yang Yang on March 19, 2021 Fang submitted the filing materials, and on March 3, 2022, Xu Moumou posted an apology letter on Weibo to publicly apologize to actor Yang Yang.

After four years, this uproarious cyber-violent rights protection case finally came to an end.

　　Zhu Xiaolei said frankly that the cost of defending rights against cyber violence is similar whether it is a public figure or an ordinary person: "As far as the current judicial practice is concerned, the most common way is to defend rights through civil litigation. The time from the procedure to the first-instance judgment is usually 9 months to 1 year, and some other cases with more complicated circumstances will take 2-3 years or even longer.”

　　Correspondingly, the cost of rights protection such as litigation fees and notary fees will also increase. Therefore, the road to rights protection after suffering from cyber violence has made many victims distressed - evidence collection is difficult, rights protection costs are high, and rights protection time is long.

According to reports, as far as the "Yang Yang Rights Protection Case" is concerned, when netizen Xu Moumou committed an infringement, the trial court's judgment was based on the General Principles of Civil Law and Tort Liability Law. Refinement of the Civil Code.

Zhu Xiaolei said: "Now that the "Civil Code" has come into effect, if the relevant subject in the follow-up performs the same behavior as the netizen, the trial court will order the relevant subject to bear the legal responsibility for making an apology and compensating for losses based on the "Civil Code". "(over)