To fully tap the role of typical cases in establishing adjudication rules, improving trial quality and promoting comprehensive governance of cyberspace, the Beijing Internet Court (BIC) selected the "Top 10 Typical Cases in 2023", ones with demonstrative significance in advancing law-based cyberspace governance.

(2023) Jing 0491 Min Chu No. 3167

A personality rights injunction case

Significance:

This is the first injunction on personality right infringement issued by the Beijing Internet Court (BIC). In cases of online violence, the infringing information spreads rapidly in cyberspace. If the infringement is not promptly and effectively stopped, it may cause irreparable harm to the victims. Therefore, actively exploring the application of injunctions on personality right infringement in cases of online violence will be more conducive to promptly stopping the infringement and protecting the legitimate rights and interests of the victims. When applying the system of injunctions in this area, the court typically considers factors such as the applicant, the likelihood of infringement, the urgency of issuing the injunction, as well as the balance of interests, and the scope of the litigation request.

Case summary:

The defendant, surnamed Xiao, had live-streamed over 40 times in the past year, posting a large number of videos targeting the plaintiff, surnamed Dong, which contained a significant amount of insulting language with vulgar expressions, and were filled with personal attacks. During the trial of the case, Xiao, after being informed by the court, continued to broadcast infringing remarks in scheduled live-streams every night and publicly disclosed several digits of Dong's identification number. Dong therefore filed an injunction application with the BIC over personality rights infringement.

Main considerations:

As Article 997 of the Civil Code stipulates, where a person of the civil law has evidence to prove that an actor is committing or is about to commit an illegal act that infringes upon his personality rights, and that failure to timely stop the act will cause irreparable harm to his lawful rights and interests, the person has the right, in accordance with law, to request the people's court to order the actor to stop the act.

Considering the evidence presented by the plaintiff, Dong, and the defendant, Xiao, as well as the facts that have been ascertained, Xiao had, in the past year, published a large number of videos in the form of live broadcasts containing a significant amount of insulting language. The videos were highly likely to be directed towards the plaintiff. Even after the court explained the situation to Xiao, Xiao continued to broadcast insulting remarks in scheduled live-streams every night, with a high likelihood of targeting Dong. Based on Xiao's past behavior and the circumstances of this case, there was a high probability that Xiao was committing and would continue to commit infringing acts. Furthermore, the viewership of the live-stream videos involved in the case was considerable. If not stopped promptly, it would significantly increase the burden on the plaintiff Dong for safeguarding personal rights, leading to a further expansion of the scope of infringement and its consequences.

Regarding the contents of Xiao's live broadcasts, there was significant amount of insulting words, mainly commentary instead of substantial. Issuing an injunction on the personality rights infringement against the infringing behavior was conducive to regulating the online conduct of netizens and maintaining a clean and orderly cyberspace.

Details of the judgment:

The BIC ruled that Xiao immediately cease publishing content that would infringe upon Dong's reputation on the online account in question. The injunction took effect upon being served to the defendant, and the defendant stopped publishing infringing contents against the plaintiff.