From becoming an overnight fame for anti-fraud propaganda to resigning from the police without hesitation; From trying to get involved in the field of eating and broadcasting across the border, to calling police officers across the country to apply for jobs online. Nowadays, every step of the "anti-fraud veteran" Chen Guoping will attract the attention ...... of netizens
Who gave him the right to comment on someone else with someone else's likeness? My stress is at its peak. On the 28th, "Anti-fraud Chen", who has been plagued by ** for a long time, announced for the first time on his personal account that he would sue Internet celebrity commentators worth more than 9 million to defend fans.
The reporter of the rule of law network noticed that the prosecution turmoil was not unrelated to the job search announcement of "anti-fraud Lao Chen" on the 26th. When this news sparked discussion among netizens, Liu Xuesong, an Internet celebrity commentator with 9.65 million followers, posted two paragraphs one after another. The core theme is "Why is Lao Chen crying in anti-fraud?" directly quoted the ** fragment of "Anti-fraud Lao Chen" and commented on the matter.
Internet celebrity commentator Liu Xuesong bluntly said in **: "(Lao Chen) took off his military uniform to pursue money, but now he wants to turn back to the prodigal son, what kind of ** can he get in exchange....
According to Jiupai News, Chen Guoping said in an interview that he tried to send a private message to Liu Xuesong, hoping that he would delete **, but it could not be sent due to the other party's settings, and the message area in the comment did not receive a reply. "A big V with nearly 10 million fans should be responsible for his own words, and you can't talk nonsense without knowing my details. Chen Guoping said angrily.
On the 28th, Chen Guoping updated his ** and said that he would sue commentator Liu Xuesong, believing that he used his ** material without consent and was suspected of infringing portrait rights, and his remarks were insulting and defamatory. Chen Guoping told reporters, "I have already found a lawyer, and it is not about asking him for money, even if I ask him to pay one yuan, I will sue him." ”
Regarding Chen Guoping's proposed prosecution of commentator Liu Xuesong, Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer, said in an interview with ** that Article 1019 of the Civil Code clearly stipulates the protection of the interests of others. Portrait of a person. The portrait rights of others must not be infringed upon by any organization or individual by means such as defamation, defacement, or the use of information technology means to forge them. Without the consent of the portrait rights holder, the portrait of the portrait rights holder shall not be made, used, or disclosed. The self-** quoted Chen Guoping's **, which contained his portrait, so the self-** infringed Chen Guoping's portrait right and constituted infringement.
Lawyer Ma Lihong, a member of the lawyer expert database of "Rule of Law" and a senior partner of Beijing Deheheng Law Firm, told the reporter of the rule of law network that if the portrait rights holder involved in the case is a public figure, more detailed consideration needs to determine whether the infringement constitutes infringement. The mainstream view is that public figures should bear a certain duty of tolerance in the field of personality rights. Anti-fraud Lao Chen has a certain social reputation. Subjectively, as an online anchor, he actively pursues social attention. Objectively, he does receive constant social attention and should be classified as a public figure. The portrait and behavior of public figures involve the interests and entertainment life of the public, and are related to the realization of the public's right to know and the development of supervision. It is necessary to limit and protect the personality interests of public figures.
Lawyer Ma Lihong further added that as far as the portrait right is concerned, unless the right holder has stated in advance that it will not make or use the portrait under any circumstances, or if the economic interests of the portrait are involved, as well as the circumstances of the portrait. Defamation, slander, illegal use, etc., public figures have no rights to their own portraits. Those who are subject to reasonable disclosure and comment must bear a certain duty of tolerance. Therefore, in the absence of defamation, slander, illegal use, etc., the anti-fraudster must consider Chen's identity as a public figure and carefully determine whether his portrait rights have been infringed.
A reporter from the rule of law network noticed that as early as 2022, when Chen Guoping resigned from the police force, he had already explained the reason why he left the system. At that time, he said: "Mainly because the traffic is too high, I feel that if I say something inappropriate on the cusp of the storm, it may bring trouble to the company, so I want to simply resign." "And take responsibility for your own future. ”
In response to online speculation about his dismissal, Chen Guoping posted his "Civil Servant Resignation Application Form" on the Internet. The reason for his resignation said: "Voluntarily resigned from his position as a civil servant due to physical reasons such as long-term poor sleep, trigeminal neuralgia, severe depression, and rheumatism." ”
It is worth noting that Internet celebrity commentator Liu Xuesong has 9.65 million followers on the ** social platform. Lao Chen told reporters that after Liu Xuesong made remarks about Chen Guoping's "asking for money", many *** netizens scolded him in various ways, including comments, private messages, etc.
Did commentator Liu Xuesong's negative comments about Chen Guoping infringe on his right to reputation? Lawyer Ma Lihong told a reporter from the rule of law network that anti-fraud Chen, as a public figure, should have a certain obligation to tolerate online speech. But that doesn't mean online violence can be tolerated without limits. If it is beyond reasonable scope and uses insulting means to belittle others, it is suspected of infringing on the right to reputation of others. If the circumstances are serious, it may even constitute the crime of insult. Therefore, the use of obviously derogatory language to comment on others, causing damage to their reputation and peace of life, should be regarded as an infringement of the right to reputation. Generally speaking, infringement of the right to reputation is a tort in the civil field and should be resolved through civil litigation procedures; where the circumstances are serious, criminal responsibility may also be pursued.
Others are hell', and the harm caused by online violence can even affect innocent family members, and any expletive word can be the last straw that crushes the victims of online violence and their families. Ma Lihong reminds that it is impossible for anyone to fully understand another person. Therefore, you must be very careful when judging others, and never use casual "conversation" to hurt or belittle others. To create a clean and healthy online environment, everyone in the online environment needs to know how to respect others, respect the law, and be responsible for their words and deeds.
What do you think about this? Feel free to leave a comment**!
Anti-fraud Lao Chen will sue 9 million follower bloggers