Chang'an Jun (WeChat ID: changan-j): Recently, the Internet war of words has not yet been settled, with KFC first and then wild tigers. In the past few days, Edison Chen has emerged again and publicly criticized Lin Chi-ling on Weibo. Lin Chiling was very calm and replied, "I don't know what you yelled about, I don't know you." In this war of words, the two sides fought back and forth without giving in. While watching, have you ever thought about these three "technical issues" -
Technical question 1: Does Edison Chen have freedom of speech?
Mr. Lu Xun wrote in "The Boundary of Free Speech" that the Jia family in Dream of Red Mansions was quite unfree to speak. Mr. Jiao scolded the master for telling the truth about the ashes and stuffed a mouthful of horse manure. Today, some people bring up the old story of Teacher Chen taking large-scale photo albums back then, meaning that you have done this, so what qualifications are there to say? But please note that no matter whether your friends like Edison Chen or not, he must have the right to speak. However, is it really okay to speak nonsense like this and irresponsible?
Technical question 2: Does Lin Chiling have the right to reputation?
Last year, Fang Zhouzi and Cui Yongyuan launched a Weibo verbal war and reputation rights lawsuit over genetically modified food, and later the Haidian District Court announced the verdict. According to the verdict, public figures of must tolerate criticism from others.
Lin Chiling is a public figure, and a public figure is also a human being. If you are a human being, you have the right to reputation. But as a public figure, facing open accusations and criticisms, I am afraid that it requires more patience than ordinary people.
Technical question 3: What words Edison Chen said infringed on Lin Chiling’s reputation rights?
Let’s review the judgment of the Haidian District Court: Public figures have the obligation to tolerate, and they also have the right to be tolerant without any need to endure. What do you need to endure? There is no certain factual basis, and words such as "arbitrarily exaggerating or distorting the facts" or "maliciously belittle the other party's personal dignity."
In fact, more than ten years ago, the "Answers of the Supreme People's Court on Several Issues Concerning the Trial of Reputation Cases" was issued. According to this judicial interpretation, there are two standards for to determine the infringement of reputation rights: whether there is factual basis and whether there is insulting personality.
With the standards, let’s analyze it word by word.
Edison Chen’s Weibo post that criticized Lin Chiling was written (original text is in English, quoting the translation here): "This bitch is extremely ugly, and she smells like shit. I warned you that when I get angry, you won’t like me, pretend to be an actress/supermodel lady. You are actually just a trading liar in the entertainment industry because you licked some..."
is ugly? Lin Chi-ling is known as the number one beauty in Taiwan, but beauty and ugliness are subjective feelings. If Edison Chen wants to say that Lin Chi-ling is ugly, that is also his freedom. Is
smelly? Some people think that durian smells, while others think that durian smells. If it really smells bad, it is reasonable. But, can you be more civilized? Do you like
? Lin Chi-ling seems to have never said whether she would like Edison Chen, so whether Edison Chen would think too much, although I know you are angry, the consequences are serious.
Actor/Supermodel? Stephen Chow kept saying in "The King of Comedy", "Actually, I am an actor", but Ng Mengda just didn't buy it and didn't let him get a box lunch. An actor or supermodel is Lin Chi-ling's profession, but whether she recognizes her professional performance is personal freedom.
transaction scammer? Did Edison Chen see it or heard it? The word "liar" cannot be said randomly! Have you licked
? Who is "licking a little"? This is not insinuated, what is it? This is not an insult to personality, what is it? Therefore, if this sentence in has no factual basis, it will constitute 100% infringement.
Some of what Edison Chen said were his feelings or comments, and there was no such thing as infringement; some of them were likely to have no factual basis and had an insulting element, which crossed the line of infringement.
So, there should be no problem for Lin Chi-ling to sue Edison Chen for infringing her reputation rights. Of course, we can also see if Edison Chen can provide any evidence. There is another problem with
.Edison Chen is a Canadian, and Lin Chi-ling is a Chinese. Can the mainland courts take care of this matter? I thought it was OK. The court where the infringement has jurisdiction, and the space for online infringement has exceeded the traditional concept of infringement . Isn’t Weibo mainly in our mainland? Lin Chi-ling has many fans on Weibo in the mainland! The consequences of losing fans are very serious~
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