SPC clarifies standards for cyberbullying injunctions

China's top court has clarified the standards for applying injunctions in cyberbullying cases, stressing the need to promptly curb online infringement and protect personality rights.

The Supreme People's Court released on Wednesday four typical cases involving internet-related disputes and crimes, covering the application of personality rights injunctions in cyberbullying cases; the liability of livestreaming e-commerce hosts for infringing others' personality rights; the liability of search engine service providers; and the conviction and sentencing of those providing technical support for cross-border gambling.

The release came during the China Cybersecurity Week, which runs from Monday to Sunday. The cases highlight the judiciary's role in protecting rights in cyberspace and promoting the healthy and orderly development of the digital economy, the SPC said.

In one case, two short-video hosts identified by the surnames Zhang and Hu, whose accounts have more than 20 million followers combined, subjected another short-video producer, Li, to sustained online bullying.

Starting in July 2023, Zhang publicly posted insulting and defamatory statements about Li, accusing her of interfering in Zhang's relationship. Zhang and Hu also incited their followers to harass, abuse and report Li online.

As a result, some of Li's business partners terminated their contracts with her. Li filed a lawsuit in October 2023 at a court in Jilin province, alleging that her reputation had been infringed.

During the proceedings, Zhang and Hu continued to incite their followers to engage in online bullying against Li. In March 2024, Li applied to the court for a personality rights injunction, seeking an order requiring the two to immediately stop publishing and disseminating content that infringed on her reputation.

The court found that Zhang and Hu had engaged in group cyberbullying against Li and had continued the conduct during the proceedings, causing further distress. The infringing information was disseminated rapidly and widely through livestreaming and other online platforms, resulting in psychological harm and economic losses to Li.

The court therefore ordered Zhang and Hu to immediately stop their infringing activities and issued an injunction valid for six months. It warned that violations could result in fines or detention, while criminal liability could be imposed if the violations constituted a crime.

The SPC said the case clarifies the factors courts should consider when applying personality rights injunctions in cyberbullying cases.

Courts should consider the manner of infringement and the speed and scope of the dissemination of harmful information when assessing whether immediate action is necessary, the SPC said. They should also consider the type of personality rights involved, the nature of the infringing conduct and whether remedies such as compensation after the incident can adequately make up for the harm suffered by the applicant.

Judges should also assess the scope and severity of the harm and ensure that any injunction does not exceed what is necessary, the SPC said.

The handling of the Jilin case promptly helped stop the infringement of Li's reputation and prevent further harm, the SPC said, adding that it provides guidance for regulating online conduct, maintaining cyberspace order and curbing malicious hype and incitement of cyberbullying.

The SPC urged courts at all levels to improve the quality and efficiency of adjudicating internet-related cases, strengthen research based on judicial practice, and contribute to the rule of law in cyberspace.

It also stressed the importance of cyberspace governance to national development and security and the protection of the public's immediate interests.

caoyin@chinadaily.com.cn