The staff responded that after receiving the complaint, the account has been punished and banned.
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Beijing News reporter Qin Bing, Yan Mochen, editor, Yang Hai, proofreader, Li Lijun
On January 10, a woman in Chongqing reported to a reporter from the Beijing News that someone used her sick daughter's ** to launch a "love fundraiser" on a certain platform to make a profit. On the same day, a reporter from the Beijing News contacted the platform involved, and the staff responded that after receiving the complaint, the account had been punished and banned.
The party, Ms. Chen, told the Beijing News reporter that a few days ago she found that a platform blogger had stolen her sick daughter's ** and "fundraised" in the form of "window goods". "This blogger used my daughter** to sell more than 400 orders in the platform window, 15 yuan a single order. Ms. Chen said.
After Ms. Chen complained, the platform banned the account, "but after a while, I found this account again, and the territory is still Shandong." Ms. Chan then called the police, who advised Ms. Chan to deal with her for infringement of her portrait rights. Ms. Chen wanted to defend her rights through civil litigation, but she was unable to obtain the basic information of the account involved, and her rights protection was fruitless.
On January 10, a reporter from the Beijing News called the platform involved, and the staff responded that after receiving complaints from users, the account had been punished as soon as possible. After searching, the reporter found that the account has been banned by the platform.
The account in question has been banned. Source: Screenshot of the webpage.
It is understood that in July 2023, Ms. Chen's daughter suffered a head injury due to an accidental fall, and was diagnosed with a severe head injury, underwent two craniotomy operations, and is still seeking medical treatment. Ms. Chen once posted her daughter's situation on social platforms to raise funds.
Ms. Chen's daughter's medical records. Source: Courtesy of the interviewee.
In this regard, Tan Mintao, a lawyer at Beijing Zhongwen (Xi'an) Law Firm, said that according to China's civil laws, citizens enjoy portrait rights, and except as provided by law, no unit or individual may publish, distribute, exhibit or disclose the portrait of the portrait right holder without the consent of the portrait rights holder. If Ms. Li complains to the platform about the infringement of her daughter's portrait rights, but fails to give feedback, or fails to verify and revoke it in a timely manner, causing losses, the platform and the direct uploader shall constitute joint infringement.
Second, according to the provisions of China's Criminal Law, where a person fabricates facts or conceals the truth, causes the victim to believe the truth, and gives over property to the perpetrator or gives up his or her own property in a "voluntary" manner, if the amount is relatively large, it is suspected of the crime of fraud. In this case, the facts published by the direct infringer are obviously fictitious and suspected of fraud.
Duty Editor: Kang Xihe, Gu Li.
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