Our reporter Sun Tianjiao
Recently, a number of social platform bloggers made malicious photos of Li Auto's new MEGA model, pasting the words "Dian" and "New Energy Funeral Car" on the body, complaining that it "looks like a coffin". Related pictures are on the Internet went viral and sparked controversy.
Afterwards, Li Auto made requests to various online platforms to delete the infringing information by sending infringement notices and lawyer letters.
A reporter from the "Rule of Law Daily" found that on the Internet, there are many cases of using malicious P-pictures to insult and spread rumors. In particular, malicious P-pictures targeting individuals often occur. In serious cases, they may even lead to online violence, resulting in being P-pictured. The artist suffered serious physical and mental injuries.
Blogger spreads malicious P-pictures
Suspected of violating multiple rights and interests
After the malicious P-picture spread, Li Auto sent a complaint notice to relevant platforms and bloggers.
The notice stated that on March 2, 2024, users such as "Mature Cat" on the relevant platform made malicious photos of Li Auto's new MEGA model, seriously infringing on Li Auto's product image and brand reputation, and infringing on Li Auto's reputation. right.
Li Auto requires the platform to delete relevant content.
At present, the content of the P pictures originally released by the relevant platforms is no longer visible.
Regarding the controversy that Li Auto has encountered, Zhu Jie, senior partner of Tahota (Chongqing) Law Firm and founder of Guiguzi Think Tank, analyzed that in this incident, maliciously posting pictures of new cars may infringe on others' copyrights and reputation rights. Even suspected criminal offenses and other issues.
First of all, the person who created the picture modified the picture of his product and posted it on the Internet without the permission of Li Auto, which is suspected of infringing the copyright of Li Auto.
Secondly, the person who posted the photo used words such as "dian" and "new energy funeral car" as well as the comment "like a coffin" to deliberately fabricate Li Auto's products, lower social evaluation, and allegedly infringed on Li Auto's reputation rights.
Zhu Jie mentioned that if it is later confirmed that the goodwill of Ideal Company, new car sales, etc. were caused by malicious P-image insults and other behaviors, the person who P-imaged may bear corresponding criminal liability: According to the provisions of the criminal law, fabricating and spreading false facts, damaging Anyone who causes heavy losses to others' business reputation or product reputation or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than 2 years or criminal detention, and may also be fined; if the content of the P picture is maliciously disseminated and causes public misunderstanding or Panic may constitute the crime of spreading false information.
"If there is a planner behind this incident who organized and implemented a series of malicious plots and fabricated and spread false facts, then the planner has undoubtedly violated the law and may be required to bear multiple legal responsibilities such as joint infringement or joint crime or abetting crime." Zhu Jie said.
Spreading rumors through social platforms
Spread quickly and at low cost
Malicious P-pictures are not uncommon on the Internet. Most of them are malicious P-pictures targeting ordinary people. Behind the P-pictures, there may be further behaviors such as insults and rumors.
Pornographic pictures are often spread through social platforms, and in severe cases, they may develop into online violence against the person being photographed.
In September 2023, the Internet Security Department of the Hunan Public Security Bureau discovered that after the self-media blogger Xie released photos and videos of his 2-year-old daughter’s life through an online platform, Li became jealous and used PS and other technologies to mix photos of Xie’s daughter with animals. The images are maliciously spliced, and insulting pictures and remarks are disseminated through multiple online platforms, triggering netizens to watch and attack, and damaging the reputation of the victim.
After the incident, the public security organ sentenced Li to administrative detention for 10 days in accordance with the law.
In March 2023, Suzhou University student Zhao repeatedly maliciously photoshopped photos of female classmates and friends posted in "moments" and posted them to pornographic websites.
Subsequently, the public security organs decided to impose administrative penalties on him, and Soochow University decided to expel him from school in accordance with school regulations.
In March 2023, Mr. Xu from Chenghai District, Shantou City, Guangdong Province broke the news that someone posted a video showing his face at the scene where he caught his wife cheating on multiple social platforms and short video platforms, and cuckolded him in the video, using In a joking tone, he said, "This is the most beautiful thing", "The most affectionate person in Chenghai" and other words involving personal insults.
After the video was released, it was widely circulated and played more than 10 million times. Many netizens verbally attacked Mr. Xu.
Mr. Xu believed that he had suffered "cyber violence".
Afterwards, after police investigation, six suspects involved in the recording or dissemination of private videos, including Wang Moulin and Chen Mouna, were respectively sentenced to administrative detention, fines, warnings and other administrative penalties by the local public security organs.
Among them, Chen Mouna, the illegal perpetrator who posted cuckold photos and commented on them, was sentenced to administrative detention for 5 days by the public security organs due to the serious circumstances.
The reporter searched for keywords such as "Malicious P-pictures" on social platforms and found that many people have experienced malicious P-pictures by others.
Chongqing girl Li Ran (pseudonym) is a cosplay (role-playing) enthusiast and often uploads cos pictures of her favorite characters on her social platform.
However, one day she discovered that a set of cosplay pictures of her game characters had been posted to "Toilet Account" (an account on social platforms dedicated to posting complaints). The contributor made her picture look like a snake face and was too big. Her eyes, "ambiguous" blush, and the props on her hands were deliberately mosaic-ed.
Among the dozens of comments, there were many vulgar comments, including insults and other remarks.
"I don't understand the motive of the contributor's malicious P-picture. Whether it is the person who P-pictured or the comments in the comment area, it makes people feel very uncomfortable." Li Ran said.
During the investigation, the reporter found that malicious P-pictures targeting celebrities and other public figures are particularly common.
It is understood that malicious P-pictures are a common method used in "fans and black fans" (fans and anti-fans fight each other). The content of P-pictures is often extremely vile, involving attacks on the appearance of celebrities, extreme humiliation, and even malice towards celebrities and their families. Curse etc.
"I have seen photos of female celebrities that were over-sharpened, making their skin look bad, and photos of the female star and her son that were photoshopped into black and white, which is very vicious," a fan told reporters.
In Zhu Jie's view, malicious P-pictures are infringements whether they are directed at individuals or businesses, but malicious P-pictures directed at individuals may be more serious.
Because personal rights such as reputation and portrait are more likely to be violated, and once damaged, it is more difficult to recover.
In addition, malicious pornography directed against individuals is often accompanied by further actions such as insults and rumors, causing greater mental and psychological damage to the victim.
Therefore, when controlling malicious P-picture behavior, more attention should be paid to the protection of personal rights and interests.
Zhao Jingwu, associate professor at Beihang University School of Law, believes that in the past, malicious P-pictures may have needed to be specially processed with software such as Photoshop. Now, with the help of artificial intelligence, a large number of "exquisite" P-pictures can be generated in a short time, which also means creating false The cost of information and discrediting information is lower.
Specifically, the problems with personal P-pictures mainly include: malicious P-pictures and the creation of online rumors targeting individuals, such as common "pornographic rumors".
Improve identification and tracking capabilities
Strengthen regulatory crackdowns
The experts interviewed all believe that from a practical point of view, it is difficult to control malicious P-picture behavior.
In Zhao Jingwu’s view, on the one hand, relevant platforms may have unclear content review standards for what kind of P-pictures constitute malicious P-pictures; on the other hand, some malicious P-picture behaviors have even become part of the black and gray network and are related to The combination of illegal and criminal behaviors such as online rumors and online violence has formed a more complex criminal industry chain.
Zhu Jie believes that identifying malicious P-picture behavior requires certain technical means and professional knowledge, and tracking and locating the P-picture perpetrator also requires a lot of time and resources. The intensity and effect of legal sanctions on malicious P-picture behavior also directly affects governance. Difficulty.
“Covering malicious pornography requires the joint efforts and participation of the whole society. Only by strengthening the construction of laws and regulations, improving technical means and professional knowledge, and strengthening self-discipline and supervision can we effectively curb the malicious pornographic behavior. It occurs and spreads," Zhu Jie said.
To this end, he suggested that relevant departments should strengthen the supervision and crackdown on malicious P-picture behaviors, and formulate more complete laws and regulations to clarify punishment measures; at the same time, improve technical means and professional knowledge, and improve the ability to identify and track malicious P-picture behaviors. With the ability, you can open functions such as identifying P-picture applet in the National Anti-Fraud Center App to identify authenticity, and use artificial intelligence technology to empower rights protection.
Platforms should strengthen content review and management, promptly discover, document and delete malicious P-picture content; establish and improve user reporting and complaint mechanisms, and encourage users to actively participate in supervision and rights protection.
Zhao Jingwu said that relevant competent authorities need to implement systematic and overall governance measures.
For those who cause malicious P-pictures and cause serious consequences that constitute a crime, they will be held criminally responsible in accordance with the law; for black and gray Internet products related to malicious P-pictures, the public security organs need to conduct criminal investigations and eradicate the entire industry chain.
The platform should cooperate with the relevant competent authorities, combine the regulatory suggestions provided by the competent authorities, regularly optimize the network information content review mechanism, and use a "manual + machine" approach to evaluate and judge obviously suspicious P-pictures. After confirming that they constitute malicious P-pictures, Adopt management measures such as deleting pictures, banning accounts, and reporting illegal information.
In addition, Zhu Jie mentioned that the legal awareness of the majority of netizens should be enhanced to make them aware of the illegality and harm of malicious P-pictures, strengthen self-discipline, and refrain from participating in and forwarding malicious P-pictures.
Persons whose images have been copied should take timely measures to protect their rights and interests, such as promptly documenting the infringement information, reporting to the platform, reporting the case to the public security organs, etc.; at the same time, they should strengthen their awareness of self-protection and avoid exposing themselves in some unsafe network environments. personal information and portrait.